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. Marquette coaches discuss daily ‘noon ball’ tradition (VIDEO)

    Jul 29, 2015, 8:50 PM EDT

    AP Photo AP

    Director of player personnel Travis Diener is pegged as the best player in the games, with he and assistant Chris Carrawell trading some good-natured shots at each other.

  2. ACL tear sidelines San Diego State guard Matt Shrigley

    Jul 29, 2015, 8:17 PM EDT

    Matt Shrigley, Grayson Allen AP

    Only Aqeel Quinn, who’s out of eligibility, made more three-pointers for the Aztecs last season than Shrigley.

  3. Four-star power forward names his top three schools

    Jul 29, 2015, 6:42 PM EDT

    Kelly Kline/adidas Kelly Kline/adidas

    All three programs made Davis a focal point in Las Vegas last weekend.

  4. Las Vegas Leftovers: Some notes that didn’t make the recaps

    Jul 29, 2015, 5:15 PM EDT

    Kelly Kline/adidas Kelly Kline/adidas

    Notes on Vance Jackson, Brendan Bailey and Javonte Smart included.

  5. Isaiah Zierdan one-ups Roosevelt Jones’ trick shot (VIDEO)

    Jul 29, 2015, 3:17 PM EDT

    Getty Images Getty Images

    I’m OK with this becoming a thing all August.

  6. Another Division I coach loses their job in the wake of the Donnie Tyndall scandal

    Jul 29, 2015, 2:30 PM EDT

    Southeastern Louisiana Southeastern Louisiana

    Tyson Waterman is the latest victim in the fallout from the Southern Miss scandal.

  7. Is Jamal Murray considering skipping classes to play for Team Canada?

    Jul 29, 2015, 1:30 PM EDT

    150521calipari Getty Images

    That’s now two of Kentucky’s elite freshmen with concerns looming.

  8. Bruce Pearl on his time at Tennessee: ‘I ran a clean program’

    Jul 29, 2015, 12:00 PM EDT

    150729 brucepearl Getty Images

    Bruce Pearl was fired by Tennessee for lying about a barbecue.

  9. Five-star 2017 center cuts list … to 13?

    Jul 29, 2015, 10:30 AM EDT

    4_3726139

    See which schools are still in play for one of the top rising juniors

  10. CAA Rookie of the Year transfers to BYU

    Jul 28, 2015, 10:04 PM EDT

    Getty Images Getty Images

    Elijah Bryant will have three years of eligibility remaining.

  11. Arkansas forward Jacorey Williams linked to pair of alleged assaults

    Jul 28, 2015, 8:43 PM EDT

    AP AP

    The Arkansas forward was charged with one count of forgery last week.

  12. Texas Tech commit to attend junior college

    Jul 28, 2015, 7:45 PM EDT

    Kelly Kline/adidas Kelly Kline/adidas

    The three-star forward failed to qualify earlier this month.

  13. Arizona State receives commitment from three-star center Jethro Tshisumpa

    Jul 28, 2015, 6:21 PM EDT

    AP AP

    Bobby Hurley off to a good start in his new gig in Tempe.

  14. John Calipari says 2016 “could be best class ever”

    Jul 28, 2015, 6:00 PM EDT

    AP AP

    Tai Wynyard of New Zealand is the only commit currently in Kentucky’s Class of 2016.

  15. Michigan lands commitment from 2016 guard Ibi Watson

    Jul 28, 2015, 5:15 PM EDT

    AP Photo AP

    John Beilein gets his third commitment for 2016.

  16. Another mixtape for July’s biggest stock-riser, Wenyen Gabriel (VIDEO)

    Jul 28, 2015, 4:00 PM EDT

    Screen Shot 2015-07-27 at 2.15.47 PM

    If you can do things like this, you can play for Duke or Kentucky.

  17. If the NCAA is correct, Donnie Tyndall is in big, big trouble

    Jul 28, 2015, 3:58 PM EDT

    Donnie Tyndall AP

    The accusations against him include burner phones, hiding IP addresses and his mother’s cell.

  18. Tracy Abrams suffers second season-ending injury in 10 months

    Jul 28, 2015, 1:34 PM EDT

    AP Photo AP

    Abrams was projected as the starting point guard for Illinois.