Skip to content

NCAA’s motion to have O’Bannon suit dismissed denied by federal judge

Oct 25, 2013, 2:53 PM EST

NCAA Men's Final Four - Practice Getty Images

With EA Sports and the Collegiate Licensing Company (CLC) having settled with the plaintiffs in the Ed O’Bannon lawsuit regarding the use of player likenesses, the NCAA finds itself as the lone defendant in a case that could ultimately change the shape of collegiate athletics. And on Friday the plaintiffs picked up another victory of sorts, as federal judge Claudia Wilken denied the NCAA’s motion to have the suit dismissed.

With this ruling the next step for Wilken is to determine whether or not the case should receive class-action certification. If that happens the plaintiffs can add to its list of participants, and if the NCAA were to lose such a case the amount of money they’d have to pay out could possibly be a staggering amount.

Wilken said that a 1984 Supreme Court ruling that the NCAA has relied upon to preserve its amateurism system “does not stand for the sweeping proposition that student-athletes must be barred, both during their college years and forever thereafter, from receiving any monetary compensation for the commercial use of their names, images, and likenesses. Although it is possible that the NCAA’s ban on student-athlete pay serves some procompetitive purpose, such as increasing consumer demand for college sports, Plaintiffs’ plausible allegations to the contrary must be accepted as true at the pleading stage.”

The O’Bannon case isn’t expected to begin in court until 2014, but despite it seemingly floating “under the radar” this suit is something to keep an eye on in the coming months. How will a “new” NCAA look if this suit forces change is a question that few have a concrete answer to at this point. And at this rate, the powers that be will have to consider this whether they like it or not.

Latest Posts
  1. Campbell’s Reco McCarter throws down 360 dunk … again (VIDEO)

    Feb 27, 2015, 6:00 PM EST

    AP AP

    This isn’t the first time he’s done this in a game.

  2. Vanderbilt coach Kevin Stallings will not be suspended

    Feb 27, 2015, 4:45 PM EST

    AP AP

    The Vandy coach was quick to apology following last night’s incident.

  3. Michigan head coach John Beilein remains ‘hopeful’ that point guard will return this season

    Feb 27, 2015, 4:25 PM EST

    Getty Images Getty Images

    Derrick Walton Jr. hasn’t played in just over a month, but he’s still bothered by an issue with his right foot.

  4. UTEP head coach Tim Floyd suspended one game by Conference USA

    Feb 27, 2015, 3:20 PM EST

    AP Photo AP Photo

    Floyd was ejected with 10:05 remaining in the Miners’ 77-60 loss at Louisiana Tech, and he failed to leave the court in a timely manner.

  5. Florida reinstates junior forward following three-game suspension

    Feb 27, 2015, 2:59 PM EST

    AP Photo AP Photo

    Billy Donovan would like to see his veteran forward make some strides in the commitment department moving forward.

  6. NCAA tournament berth the final step for St. John’s senior class

    Feb 27, 2015, 2:16 PM EST

    Steve Lavin's three seniors have the NCAA tournament in their sights (AP Photo) AP

    On the heels of St. John’s last NCAA appearance in 2011, seven players joined the program. Three remain, and their aim is to get to the Big Dance as seniors.

  7. Pregame Shootaround: Valparaiso looks to clinch outright Horizon League title

    Feb 27, 2015, 1:32 PM EST

    Getty Images Getty Images

    Also of note is the second meeting of the season between rivals Iona and Manhattan.

  8. Junior guard starting to give No. 7 Arizona much-needed perimeter shooting

    Feb 27, 2015, 12:12 PM EST

    AP Photo AP Photo

    Shooting 7-for-10 from three over the last two games, Gabe York has hit multiple three-pointers in consecutive games for the first time since mid-December. That’s a good development for Arizona.

  9. Bracketology: Kentucky reigns and March arrives

    Feb 27, 2015, 11:01 AM EST

    John Calipari, Andrew Harrison, Tyler Ulis John Calipari, Andrew Harrison, Tyler Ulis

    While the Wildcats continue to roll along, other one-seeds are up for discussion as the season moves into the month of March.

  10. Defensive lapses cost Michigan State dearly against Minnesota (VIDEO)

    Feb 27, 2015, 9:55 AM EST

    AP Photo AP Photo

    Leading by six with 34 seconds remaining in regulation, Michigan State looked to be on their way to a home win over Minnesota. Then they fouled three-point shooters on two separate occasions.

  11. Weekend Preview: Saturday will be the season’s best day of games

    Feb 27, 2015, 8:07 AM EST

    The Utes fell in Tucson, but they'll be fine (AP Photo) AP

    I hope you’re ready for a thrilling day of hoops.

  12. Late Night Snacks: Minnesota wins at Michigan State, No. 7 Arizona and No. 13 Utah roll

    Feb 27, 2015, 1:31 AM EST

    AP Photo AP Photo

    Michigan State fouled three-point shooters on two separate occasions late in regulation, and it set the stage for an overtime loss at home.

  13. Vanderbilt head coach Kevin Stallings apologizes for postgame outburst directed at freshman guard Wade Baldwin IV

    Feb 26, 2015, 11:47 PM EST

    AP Photo AP Photo

    The Vandy freshman taunted a Tennessee player as time expired in the Commodores’ win, and his head coach read him the riot act in the handshake line.

  14. Bubble Banter: Just how safe is Michigan State, and did Ohio State punch a ticket?

    Feb 26, 2015, 10:29 PM EST

    AP Photo AP Photo

    Who were the winners and the losers on the bubble on Thursday?

  15. Jae’Sean Tate produces another quality performance as Ohio State blows out Nebraska

    Feb 26, 2015, 9:17 PM EST

    Getty Images Getty Images

    Tate scored a career-high 22 points Thursday night, and his move into the starting lineup has helped Ohio State.

  16. West Virginia announces addition of five year-old to basketball program (VIDEO)

    Feb 26, 2015, 8:35 PM EST

    Bob Huggins Bob Huggins

    Five year-old Nicholas Wince spent the entire day with West Virginia prior to their win over Texas, signing a National Letter of Intent as well.

  17. Shoulder injuries to sideline USC freshman point guard for remainder of season

    Feb 26, 2015, 5:54 PM EST

    AP Photo AP Photo

    Without Jordan McLaughlin, USC will have to rely on Julian Jacobs at the point in their final two regular season games.

  18. Alabama junior guard to miss remainder of season due to foot, knee injuries

    Feb 26, 2015, 4:50 PM EST

    AP Photo AP Photo

    In addition to a ruptured plantar fascia suffered in a loss to Florida in late-January, Ricky Tarrant also needs to undergo a procedure on his left knee.

  19. Jim Boeheim: ‘I wish I had another solution’ to the postseason ban

    Feb 26, 2015, 4:00 PM EST

    Jim Boeheim AP

    Boeheim doesn’t seem pleased about the ruling.