Skip to content

NCAA files new requests in O’Bannon lawsuit

Dec 13, 2013, 12:00 PM EDT

NCAA_Logo AP

Less than a month after the plaintiffs in the Ed O’Bannon lawsuit filed a request for a summary judgement the NCAA filed a request of its own on Thursday night, asking U.S. District Federal Judge Claudia Wilken to not issue an injunction that would prohibit the NCAA and its membership from limiting what scholarship athletes receive. Also of note is the NCAA’s request that a decision be made regarding the use of player likenesses without going to trial.

In that request, according to Steve Berkowitz of USA Today, were new statements from conference and school administrators arguing that removing limits on what athletes can receive would impact competition. In its filing in November the plaintiffs argued that this would not be the case, and that the NCAA had not supplied enough evidence to back up that claim.

One of the reasons for the limits, as stated by the NCAA in its most recent filing, is what such measures would do to the competitive balance of collegiate athletics.

“Competitive balance” among schools is enhanced by limits on athlete compensation.

A statement from Baylor University President Kenneth Starr says in part: “Even for the schools that did decide to make payment to its student-athletes, there would be a wide variation of the amount and method of these payments which would ultimately result in a destruction of competitive balance among the paying schools.”

Aren’t these issues already becoming a factor in collegiate athletics? Coaching salaries, training/practice facilities and conference realignment have all impacted the competitive balance in college sports in recent years, as those who have such advantages are generally better-positioned than their counterparts who are lacking in such areas.

And in order to keep up with the arms race some schools have made tough choices, like Temple deciding last week to cut seven sports. Could taking steps to meet the full cost of attendance for scholarship athletes in revenue sports result in more schools having to cut sports that don’t bring in as much revenue? While that’s a tough question to answer definitively, administrators sound convinced that such a move would me a negative for collegiate athletics.

Michigan State athletics director Mark Hollis’ statement says, in part: “it is highly unlikely that Michigan State could offset a $10 million shortfall [created by paying certain student-athletes fifty percent of broadcast revenue] without cutting between 4 and 8 sports.”

The case is expected to go to trial in the summer of 2014, and the verdict will likely change the course of collegiate athletics one way or another.

Latest Posts
  1. Five-star freshman still waiting to be cleared by NCAA to play at Kansas

    Aug 4, 2015, 10:33 PM EDT

    AP AP

    Cheick Diallo was rated as the fifth-best player in the Class of 2015.

  2. Minnesota will grant Jarvis Johnson a release if he were to pursue one

    Aug 4, 2015, 8:58 PM EDT

    AP AP

    Jarvis Johnson was not cleared to play at Minnesota back in mid-June.

  3. Four-star 2016 point guard Jaylen Fisher down to six schools

    Aug 4, 2015, 7:38 PM EDT

    Getty Images Getty Images

    The four-star point guard cut his list in half on Tuesday night.

  4. Student who accused Oregon players of sexual assault settles lawsuit for $800,000

    Aug 4, 2015, 5:24 PM EDT

    Getty Images Getty Images

    The lawsuit stems from an alleged incident back in March of 2014.

  5. Mamadi Diakite becomes Virginia’s third four-star recruit in Class of 2016

    Aug 4, 2015, 4:45 PM EDT

    Getty Images Getty Images

    The 6-foot-9 power forward becomes the third four-star recruit in the Class of 2016 to commit to the Cavaliers.

  6. Virginia and Cal announce home and home series

    Aug 4, 2015, 3:01 PM EDT

    AP Photo AP

    Both teams will be ranked in the preseason top 15 this season.

  7. Mississippi State wing arrested for driving on suspended license

    Aug 4, 2015, 1:52 PM EDT

    AP AP

    Xavier Stapleton is sitting out this season after transferring from Louisiana Tech.

  8. No. 2 prospect obliterates defender with a tip-dunk (VIDEO)

    Aug 4, 2015, 10:03 AM EDT

    Screen Shot 2015-08-04 at 10.01.12 AM

    This kid isn’t even a sophomore yet.

  9. Fixing his flaws: How Kris Dunn has attacked the two weaknesses in his game

    Aug 3, 2015, 11:59 PM EDT

    AP Photo AP

    There are two glaring weaknesses to Kris Dunn’s game. Here’s how he’s gone about trying to fix them this summer.

  10. Ball is Life offers a unique look at the Under Armour Association, road to Elite 24, in new video

    Aug 3, 2015, 10:00 PM EDT

    Kelly Kline/adidas Kelly Kline/adidas

    A cool documentary-style approach to the Under Armour Association in preparation for the Elite 24.

  11. Nebraska hopes foreign trip can give young players experience

    Aug 3, 2015, 8:30 PM EDT

    AP Photo AP

    Nebraska is hoping a four-game trip in Spain helps with their freshmen.

  12. Report: Baylor forward will leave the program

    Aug 3, 2015, 7:00 PM EDT

    (Getty Images) Getty Images

    Baylor is losing a reserve forward to transfer.

  13. Report: Four-star forward could choose a school soon

    Aug 3, 2015, 4:50 PM EDT

    (Kelly Kline/adidas) (Kelly Kline/adidas)

    Mamadi Diakite, a four-star forward, could decide between three schools soon, per a report.

  14. Penn State lands their most important recruit in a decade in Tony Carr

    Aug 3, 2015, 2:40 PM EDT

    chambers Getty Images

    Tony Carr is a four-star point guard that picked Penn State over Maryland, SMU and Providence.

  15. Investigation funded by Illinois clears Illinois women’s coaches of racism claims

    Aug 3, 2015, 12:29 PM EDT

    Matt Bollant (AP Photo) AP

    The investigation was conducted by an outside law firm and paid for by the university.

  16. Five-star guard Rawle Alkins cuts his list to ten

    Aug 3, 2015, 12:05 PM EDT

    Getty Images Getty Images

    Alkins might be the best player from New York City since Lance Stephenson.