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. Tourney Snacks: Duke-Gonzaga, Louisville-Michigan State advance to Elite 8

    Mar 28, 2015, 12:52 AM EDT

    Justise Winslow (Getty Images) Getty Images

    Get caught up on all of Friday’s NCAA tournament action.

  2. Updated tournament records: Three ACC, two Big Ten teams in Elite Eight

    Mar 28, 2015, 12:35 AM EDT

    AP Photo AP Photo

    ACC teams went 2-1 Friday night, with Louisville’s win over NC State being the league’s lone defeat.

  3. No. 1 Duke advances to Elite 8 with win over No. 5 Utah

    Mar 28, 2015, 12:08 AM EDT

    (AP) AP

    No. 1 Duke advanced to the Elite 8 with a win in the South Regional over No. 5 Utah.

  4. Bradley announces Brian Wardle hired as head coach

    Mar 27, 2015, 9:58 PM EDT

    AP Photo AP Photo

    Wardle spent five seasons as coach at Green Bay.

  5. Caleb Martin posterizes Montrezl Harrell

    Mar 27, 2015, 9:39 PM EDT

    AP AP

    Caleb Martin’s only two points of the game.

  6. No. 2 Gonzaga gets past No. 11 UCLA to advance to Elite 8

    Mar 27, 2015, 9:26 PM EDT

    (AP) AP

    Gonzaga defeated UCLA to advance to the Elite 8 for the first time under head coach Mark Few.

  7. Andy Toole will remain the head coach at Robert Morris

    Mar 27, 2015, 9:22 PM EDT

    AP AP

    Andy Toole has been with Robert Morris for five seasons.

  8. Five-star Class of 2015 center commits to Maryland

    Mar 27, 2015, 8:32 PM EDT

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

    Class of 2015 five-star center Diamond Stone committed during a surprise announcement on Friday night.

  9. Cat Barber records an assist while lying on the ground (VIDEO)

    Mar 27, 2015, 8:28 PM EDT

    Getty Images Getty Images

    One of three assists in the first half for Cat Barber.

  10. Aaron Harrison says finger is sore, but won’t be a ‘big factor in the game’ against Notre Dame

    Mar 27, 2015, 7:45 PM EDT

    AP AP

    Aaron Harrison left Thursday night’s game briefly with a finger injury.

  11. Indiana AD backs Tom Crean again, but says Hoosiers ‘not where we want to be’

    Mar 27, 2015, 6:50 PM EDT

    AP AP

    For the second time this month, the Indiana athletic director backed the school’s head coach.

  12. Back at the point where last season ended, No. 2 Arizona looks to end its Final Four drought

    Mar 27, 2015, 6:00 PM EDT

    AP Photo AP

    Arizona hasn’t been to the Final Four since 2001, but all involved are focused on Wisconsin and not that streak.

  13. Florida junior Michael Frazier II declares for 2015 NBA Draft

    Mar 27, 2015, 5:00 PM EDT

    AP Photo AP Photo

    Frazier is projected as a second round pick.

  14. Rutgers sophomore forward to transfer

    Mar 27, 2015, 5:00 PM EDT

    AP AP

    The 6-foot-7 forward has two years of eligibility left.