Skip to content

NCAA files motion to have Ed O’Bannon lawsuit delayed until February

May 21, 2014, 9:13 PM EDT

NCAA Men's Final Four - Practice Getty Images

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.

Latest Posts
  1. Official visit schedule set for five-star 2015 center Stephen Zimmerman

    Jul 27, 2014, 9:39 PM EDT

    Nike EYBL Nike EYBL

    Despite not being included among the five official visits, Indiana and UNLV remain options for Zimmerman.

  2. Louisville’s Montrezl Harrell breaks his second backboard of the summer

    Jul 27, 2014, 5:41 PM EDT

    AP AP

    Nearly three months after breaking a backboard during a pickup game, the rising junior took out another one this weekend.

  3. Arizona commit Ray Smith calls ACL tear ‘a blessing’

    Jul 27, 2014, 3:05 PM EDT

    ray-smith

    Ray Smith tore his ACL earlier this month.

  4. Assigned Reading: Michael Hausfeld, the man taking on the NCAA

    Jul 27, 2014, 1:35 PM EDT

    Getty Images Getty Images

    Ed O’Bannon’s lead attorney didn’t even know who he was when he first met him.

  5. Kwe Parker throws down 360 cradle dunk … again (VIDEO)

    Jul 27, 2014, 12:00 PM EDT

    picresized_th_1406475062_Screen Shot 2014-07-27 at 11.28.23 AM

    It’s been a summer of viral dunks for the 6-foot-2 recruit

  6. Las Vegas Saturday Recap: Bennie Boatwright, Justin Simon lead Dream Vision into adidas Super 64 semis

    Jul 27, 2014, 10:29 AM EDT

    Kelly Kline/adidas Kelly Kline/adidas

    Also some notes on junior college guard Andre Spight and 2015 guard Justin Foreman.

  7. Skal Labissiere is considering Europe, but that doesn’t mean there’s a market for him

    Jul 27, 2014, 9:00 AM EDT

    "NBPA Top 100 Camp"

    Skal Labissiere may want to go to Europe. That does not mean Europe wants him.

  8. North Carolina announces plans for program that aims to help former athletes complete their degree

    Jul 26, 2014, 6:34 PM EDT

    Nate Britt, Roy Williams AP

    North Carolina is the latest school making the positive step of looking to help its former athletes obtain their college degrees.

  9. Saint Louis will need some of six-man recruiting class to step up in 2014-15

    Jul 26, 2014, 3:00 PM EDT

    Jim Crews AP

    With Saint Louis losing five experienced seniors, the incoming freshman class could be expected to contribute immediately this season.

  10. Two surprises after first cuts at Team USA U17 trials

    Jul 26, 2014, 1:42 PM EDT

    usa-logo-color1

    Two top five players in the Class of 2016 were sent home.

  11. Las Vegas Friday Recap: Jaylen Brown, Kobi Simmons among standouts

    Jul 26, 2014, 12:29 PM EDT

    AP AP

    Brown also mentioned plans of taking an unofficial visit to UCLA following adidas Nations.

  12. USA Basketball session one highlights (VIDEO)

    Jul 26, 2014, 10:30 AM EDT

    (Scott Phillips/NBC Sports) (Scott Phillips/NBC Sports)

    USA Basketball has a lot of talent in the building this week for the U17 World Championship camp.

  13. Florida commit KeVaughn Allen puts together an impressive Peach Jam (VIDEO)

    Jul 25, 2014, 7:15 PM EDT

    (Nike) (Nike)

    Florida commit KeVaughn Allen had a great week at Peach Jam.

  14. Report: Dismissed Delaware guard Jarvis Threatt turning pro

    Jul 25, 2014, 5:30 PM EDT

    Jordan Henriquez, Jarvis Threatt Jordan Henriquez, Jarvis Threatt

    Former Delaware guard Jarvis Threatt is turning pro after being dismissed from the program in June.

  15. Iowa State’s Georges Niang provides visual evidence of his weight loss (PHOTO)

    Jul 25, 2014, 4:47 PM EDT

    niang Getty Images

    Didn’t believe Niang when he stated that he’d reshaped his body? Here’s visual evidence that he did.

  16. Rawle Alkins carries the torch as one of New York’s next great guards

    Jul 25, 2014, 4:00 PM EDT

    (adidas) (adidas)

    New York City guard Rawle Alkins is one player to monitor in the Class of 2016.