Skip to content

Expected settlements leave NCAA as lone defendant in O’Bannon lawsuit (UPDATED)

Sep 26, 2013, 8:43 PM EDT

NCAA_Logo AP

And then there was one defendant remaining in the lawsuit against the NCAA, EA Sports and Collegiate Licensing Company (CLC) filed by a number of former college athletes. On Thursday it was reported that EA Sports, which also announced that it will not produce its popular college football video game next season, and the CLC have settled all claims brought against them by the plaintiffs. According to the New York Times the entities will reportedly pay in upwards of $40 million to settle the case.

With this announcement more than 100,000 former athletes are expected to receive funds, with there still being questions as to whether or not the settlement will impact current student-athletes. Just as important in all of this is the fact that the NCAA is the lone remaining defendant in the lawsuit. So while today’s news may not qualify as a watershed moment for collegiate athletics, it means that we’re going to find out just how hard both sides of the suit are willing to fight to either force change of maintain the status quo.

The settlement also allows the legal representation of the plaintiffs to focus all of their efforts on battling the NCAA, which could result in their case becoming even stronger.

“We hold that the NCAA intentionally looked the other way while EA commercialized the likenesses of students, and it did so because it knew that EA’s financial success meant a bigger royalty check to the NCAA,” Steve Berman, lead attorney in the suit brought about by former Arizona State/Nebraska quarterback Sam Keller, said in a statement.

“We are looking forward to presenting our case against the NCAA to a jury at trial,” Berman added. “We believe the facts will reveal a startling degree of complicity and profiteering on the backs of student athletes.”

The NCAA has entertained no such plans of settling, and why would they since what’s at stake means much more for the governing body of collegiate athletics than it does either of the other two defendants. According to Steve Berkowitz of USA Today the NCAA has made moves to bolster its legal team, and they’re prepared to take the battle all the way to the U.S. Supreme Court if need be.

In concert with the NCAA’s position, [NCAA chief legal officer Donald] Remy said the association has retained one new law firm for the purpose of trial and another to handle appeals. Asked whether the likely cost of such additions to the NCAA’s legal team had been approved by association governing panels involved with oversight of the NCAA’s finances, Remy said: “This strategy has been discussed by all appropriate bodies and endorsed. The membership supports this handling of the case.”

It’s rather obvious that we’re nowhere near having this lawsuit resolved, and there’s obviously a lot on the line. But what will the future of collegiate athletics be? Despite the scenarios thrown around by folks on both sides of the equation, it’s difficult to say that there’s a surefire answer at this point.

Latest Posts
  1. Harvard point guard Siyani Chambers out for the season with torn ACL

    Sep 2, 2015, 9:50 AM EDT

    Siyani Chambers, Anthony Thompson AP

    Siyani Chambers is leaving Harvard for the year after a torn ACL.

  2. Mixtape of five-star 2016 forward T.J. Leaf (VIDEO)

    Sep 2, 2015, 9:00 AM EDT

    TJ Leaf (adidas) TJ Leaf (adidas)

    T.J. Leaf is a hot name on the recruiting trail after decommitting from Arizona.

  3. Addition of freshman guards could help Bryce Alford’s scoring

    Sep 1, 2015, 10:45 PM EDT

    AP AP

    Bryce Alford is UCLA’s top returning scorer.

  4. Tom Izzo calls Denzel Valentine’s play during foreign tour ‘unbelievable’

    Sep 1, 2015, 8:42 PM EDT

    AP AP

    Denzel Valentine will be in contention for Big Ten Player of the Year this season.

  5. Four-star 2016 recruit Juwan Durham commits to UConn

    Sep 1, 2015, 5:18 PM EDT

    Getty Images Getty Images

    UConn landed its second four-star recruit in the Class of 2016.

  6. Four-star 2016 center sets four official visits

    Sep 1, 2015, 3:30 PM EDT

    (Kelly Kline/Under Armour) (Kelly Kline/Under Armour)

    Jayce Johnson is focusing on five schools as he’s set four official visits.

  7. Rivalry games highlight Georgetown’s non-conference schedule

    Sep 1, 2015, 2:00 PM EDT

    John Thompson III AP

    Georgetown has some very intriguing games on the non-conference slate.

  8. Report: Arkansas signee Ted Kapita signs professional contract

    Sep 1, 2015, 12:45 PM EDT

    Arkansas Razorbacks Anderson looks on as his team takes on the LSU Tigers during the first round of the SEC men's NCAA basketball tournament in New Orleans Reuters

    Arkansas won’t be getting a boost from the four-star big man.

  9. Pitt adds junior college guard for 2015-16 roster

    Sep 1, 2015, 11:30 AM EDT

    Big East Basketball Tournament - Syracuse v Pittsburgh Getty Images

    Pitt bolsters its backcourt with the late addition of a junior college guard.

  10. Coastal Carolina moving to Sun Belt

    Sep 1, 2015, 10:15 AM EDT

    AP Photo AP

    Conference realignment is still happening at the lower levels as Coastal Carolina makes a move to the Sun Belt.

  11. Summer mixtape of New York 2016 guard Shamorie Ponds (VIDEO)

    Sep 1, 2015, 9:05 AM EDT

    (Nike) (Nike)

    Shamorie Ponds is one of the best bucket-getting guards in the 2016 class.

  12. Malik Monk’s highlights from Nike Global Challenge (VIDEO)

    Aug 31, 2015, 11:15 PM EDT

    (USA Baketball) (USA Baketball)

    Malik Monk is rated No. 6 overall in the Class of 2016 by Rivals.

  13. Iowa State adds three-star power forward Solomon Young

    Aug 31, 2015, 9:44 PM EDT

    Nike Nike

    It’s the second commit in as many nights for the Cyclones.

  14. Siena applies for waiver on behalf of Javion Ogunyemi

    Aug 31, 2015, 7:45 PM EDT

    Jimmy Patsos AP

    Javion Ogunyemi averaged 9.3 points and 4.8 rebounds per game in 2014-15.

  15. Syracuse, Georgetown to officially renew rivalry on December 5

    Aug 31, 2015, 6:10 PM EDT

    Getty Images Getty Images

    The two teams last met in the 2013 Big East Tournament

  16. Indiana dismisses Emmitt Holt

    Aug 31, 2015, 4:44 PM EDT

    AP AP

    Indiana dismissed the forward after his second alcohol-related incident.

  17. Bill Self remains “confident” Cheick Diallo will be eligible this season

    Aug 31, 2015, 4:35 PM EDT

    AP Photo AP

    Cheick Diallo is still waiting to hear from the NCAA Eligibility Center.