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. Syracuse, NCAA Committee on Infractions meeting set for October 30-31

    Oct 24, 2014, 12:06 AM EDT

    Jim Boeheim AP

    Syracuse’s men’s basketball and football programs are under investigation, with the stakes being higher for Jim Boeheim’s program.

  2. Georgetown’s senior center looking to rebound from ‘embarrassing’ 2013-14 season

    Oct 23, 2014, 11:20 PM EDT

    Moses Ayegba, Joshua Smith Moses Ayegba, Joshua Smith

    Joshua Smith averaged 11.5 points per game before being ruled academically ineligible last season.

  3. Cameron Payne didn’t expect to fill Isaiah Canaan’s void at Murray State, but he did

    Oct 23, 2014, 10:49 PM EDT

    Cameron Payne (AP Photo) Cameron Payne (AP Photo)

    Cam Payne became the star of Murray State as a freshman, but he wouldn’t have gotten there if he had a back up. Why?

  4. VCU announces addition of 17-year old Morgan Vega to basketball program (VIDEO)

    Oct 23, 2014, 9:53 PM EDT

    Shaka Smart Shaka Smart

    The preseason favorites to win the Atlantic 10 added a new teammate Thursday.

  5. Junior guard decides to leave Charlotte program

    Oct 23, 2014, 8:03 PM EDT

    Demetrius Pollard, Shawn Lester Demetrius Pollard, Shawn Lester

    Shawn Lester averaged 11.9 points and 4.2 rebounds per game in the sixth man role last season.

  6. Iowa State guard to undergo surgery on both hips

    Oct 23, 2014, 6:55 PM EDT

    Hallice Cooke AP

    Hallice Cooke will have one hip operated on Monday, with the second surgery coming four weeks later.

  7. Three-star small forward becomes Oklahoma’s third 2015 commitment

    Oct 23, 2014, 5:41 PM EDT

    Lon Kruger AP

    Christian James joins Rashard Odomes and Akolda Manyang in Oklahoma’s 2015 haul.

  8. 2014-15 Season Preview: The Top 20 Perimeter Attacks

    Oct 23, 2014, 1:38 PM EDT

    Rondae Hollis-Jefferson AP

    Who are the top 20 perimeters in the country this season?

  9. UNC AD Bubba Cunningham joins Dan Patrick to discuss the academic scandal (VIDEO)

    Oct 23, 2014, 12:04 PM EDT

    (AP Photo) (AP Photo)

    This scandal will be a stain on North Carolina’s sports and academic programs for a long time.

  10. Throwback Thursday: Dahntay Jones dunks, does pushups on defender (VIDEO)

    Oct 23, 2014, 11:07 AM EDT

    Screen Shot 2014-10-23 at 11.05.30 AM

    This is about as embarrassing as being POSTERIZED can get.

  11. Top 25 Countdown: No. 12 Wichita State

    Oct 23, 2014, 9:59 AM EDT

    Ron Baker, Fred VanVleet, Cleanthony Early

    The Shockers went to the Final Four in 2013 and undefeated in 2014. What is next for them?

  12. South Dakota State’s Cody Larson thrives despite return home amidst unmet expectations

    Oct 22, 2014, 10:46 PM EDT

    Cody Larson (AP Photo) Cody Larson (AP Photo)

    Cody Larson was South Dakotas Next Big Thing. He returned in infamy, but that has not stopped him from succeeding.

  13. Wisconsin raises more than $276,000 for cancer research

    Oct 22, 2014, 10:14 PM EDT

    Bo Ryan Bo Ryan

    Wisconsin held its third annual “Shooting Down Cancer” event Wednesday, with their goal being to #MakeBoPay.

  14. Two Memphis players to miss practice time for health reasons

    Oct 22, 2014, 9:13 PM EDT

    Austin Nichols AP

    Austin Nichols is the reigning American Athletic Conference ROY, and sophomore Avery Woodson is expected to compete for minutes in a crowded by inexperienced backcourt.

  15. Fresno State guard knocks down five straight half-court shots (VIDEO)

    Oct 22, 2014, 7:03 PM EDT

    Cezar Guerrero Cezar Guerrero

    Cezar Guerrero knocked down five straight from half-court during the team’s Red and White Hoops Night event Tuesday.

  16. Newcomer’s knee issue stretches Oregon’s thin rotation even further

    Oct 22, 2014, 6:43 PM EDT

    altman AP

    Oregon didn’t have much depth to begin with due to various personnel issues, so Michael Chandler’s lingering knee problem is a major concern.

  17. Bruce Pearl invades marketing class to promote ‘Pearl Jam’ (VIDEO)

    Oct 22, 2014, 5:00 PM EDT

    AP Photo AP

    People don’t come more intense than Bruce Pearl.

  18. Three-star guard commits to SMU, reclassifies to 2016

    Oct 22, 2014, 4:25 PM EDT

    Larry Brown Larry Brown

    Given SMU’s depth on the perimeter, LaGerald Vick’s decision to move back in classes will help both parties in the future.