May 21, 2014, 9:13 PM EST
With the originally scheduled start date to the Ed O’Bannon lawsuit right around the corner, the NCAA is still hard at work to convince Judge Claudia Wilken to delay the start of the job. According to Steve Berkowitz of USA Today, the defendants filed a motion to have the start of the suit delayed until February 2015.
If the request were granted that would allow the NCAA to not only use the extra time to strengthen its position, but also try the suit at the same time as the Sam Keller lawsuit.
This latest development comes a week after a three-member panel denied the NCAA’s request to fight Wilken’s decision to grant the plaintiffs class-action certification. However there is an issue with the NCAA’s most recent move, as Berkowitz notes that the motion is “largely based on a legal argument that Wilken seemed to reject during a hearing last Thursday.”
Most critically for the purpose of Tuesday’s filing, the Keller case involves a monetary damages claim and would involve a jury while the O’Bannon case has been narrowed to a bid for an injunction that will be decided Wilken. The NCAA is arguing that elements of the O’Bannon case related to video games will have to be heard by the jury in the Keller case, so a ruling that Wilken makes in the O’Bannon case could affect how a jury rules in Keller case. That, claims the NCAA, would result in a violation of its Seventh Amendment right to an un-encumbered jury hearing of its case.
The NCAA is pursuing this line of argument so vigorously that its Tuesday filing did not even address its prior request that Wilken either sever all evidence and claims related to video games from the O’Bannon case or delay it.
While the Keller lawsuit focuses solely on the use of player likenesses in video games, the O’Bannon suit deals with all aspects of the uses of player likenesses. So there are differences in the two cases despite their being grouped together in many circles. For that reason the O’Bannon plaintiffs would like to keep the suits separate from a timing standpoint, and to this point the rulings made by Judge Wilken have been in their favor.
Proceedings in the O’Bannon suit are scheduled to begin on June 9, and given the NCAA’s success rate in the filing of prior motions that may remain the case.
Dec 21, 2014, 1:43 PM EST
Harvard did not set the record for lowest field goal percentage or lowest first-half points, but the Crimson did tie an NCAA record on Sunday afternoon.
Dec 21, 2014, 1:15 PM EST
The Orange and Wildcats have split a home-and-home series since the old Big East disbanded several years ago.
Dec 21, 2014, 11:15 AM EST
The Louisville forward spoke about the incident that took place at the end of the first half against Western Kentucky following the game.
Dec 21, 2014, 10:00 AM EST
The nation’s top recruit also dropped 37 points in a win for Montverde Academy (Florida)
Dec 21, 2014, 9:11 AM EST
Here’s a rundown of Sunday’s games.
Dec 21, 2014, 12:10 AM EST
With pieces that fit together better than last season’s 17-15 squad, the Huskies are off to a 10-0 start.
Dec 20, 2014, 10:26 PM EST
George Mason’s last win over a Division I opponent prior to Saturday came against another MAAC program, Manhattan, on November 29.
Dec 20, 2014, 9:00 PM EST
Jackson scored 22 points, with two coming on an emphatic dunk on Purdue freshman Isaac Haas.
Dec 20, 2014, 8:41 PM EST
It’s already been a busy day in college hoops, with two buzzer-beaters and two ranked teams already going down.
Dec 20, 2014, 7:57 PM EST
While Michigan State’s 4-for-21 night from three didn’t help matters, Texas Southern shot better than 53 percent from the field.
Dec 20, 2014, 7:18 PM EST
Burton was one of two sophomores to leave the Marquette program earlier this month.
Dec 20, 2014, 5:46 PM EST
Kentucky completely embarrassed UCLA on Saturday.
Dec 20, 2014, 5:04 PM EST
Mitchell Wilbekin could miss up to six games, and classmates Cornelius Hudson and Rondale Watson missed Saturday’s game for conduct detrimental to the team.
Dec 20, 2014, 4:31 PM EST
Illinois has now won two straight in the series, thanks to Rice’s three-pointer as time expired.
Dec 20, 2014, 3:26 PM EST
Not surprising, considering Gus Johnson is on the call.
Dec 20, 2014, 3:23 PM EST
North Carolina had its most impressive showing of the season in a convincing win over Ohio State on Saturday in Chicago.
Dec 20, 2014, 1:30 PM EST
Josh Jackson put on a show last night. Here’s a mixtape of what he can do.
Louisville’s Montrezl Harrell throws a punch, ejected as tempers flare against Western Kentucky (VIDEOS)
Dec 20, 2014, 12:56 PM EST
Montrezl Harrell ejected for throwing a punch.
Dec 20, 2014, 11:49 AM EST
This will be the first time that Murphy plays this season.
Dec 20, 2014, 11:25 AM EST
He won’t coach against VCU.
- Late Night Snacks: Villanova survives Syracuse while UNC, SMU get big wins 0
- No. 1 Kentucky dismantles UCLA 5
- Markus Kennedy cleared to play immediately for SMU 0
- Weekend Preview: A loaded Saturday slate highlights the weekend 3
- Rebounding, foul shooting help No. 2 Duke make up for 19 turnovers in win over UConn 0
- Michigan State starting forward to miss next two games with non-displaced wrist fracture 0
- Film Session: What’s plaguing Marcus Paige? 1
- Gregg Marshall writes to Wichita State students after seeing empty seats in student section (PHOTO) (7)
- Report: David Robinson’s son will be preferred walk-on at Duke in 2015-16 (VIDEO) (6)
- West Virginia’s Bob Huggins torches Marshall after coach calls Huggs ‘afraid’ (5)
- No. 1 Kentucky dismantles UCLA (5)
- Sophomore forward Semi Ojeleye to transfer from Duke (3)