May 21, 2014, 9:13 PM EDT
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.
Aug 19, 2014, 11:00 PM EDT
Memphis was 2-2 in Canada.
Aug 19, 2014, 9:55 PM EDT
Ray Kasongo was denied admission from Oregon on July 30, reopening his recruitment.
Aug 19, 2014, 8:10 PM EDT
This new court design is interesting to say the least.
Aug 19, 2014, 7:59 PM EDT
Take a look at what tournaments the Shockers will appear in over the next few years.
Aug 19, 2014, 6:07 PM EDT
Jimmy Whitt is ranked just outside the top 50 in the Class of 2015.
Aug 19, 2014, 4:40 PM EDT
Stephen Zimmerman averaged 17.5 points, 11.5 boards and 2.2 blocks per game in four games at the Nike Global Challenge.
Aug 19, 2014, 3:54 PM EDT
Nicholls State may have a large, orange-clad fan base these days.
Aug 19, 2014, 3:04 PM EDT
It’s how they played through their six games in the Bahamas.
Aug 19, 2014, 1:40 PM EDT
Shaka Smart brings in a perfect piece and that was a priority recruit.
Aug 19, 2014, 12:33 PM EDT
It looks like everyone had a great time.
Aug 19, 2014, 11:09 AM EDT
Jason Holmes is a pro athlete in a sport he never heard of.
Aug 19, 2014, 10:29 AM EDT
Will these ever end?
Aug 18, 2014, 11:00 PM EDT
Christian James is one of the better dunkers in the 2015 class.
Aug 18, 2014, 9:30 PM EDT
A former Vanderbilt player is hoping to release a book discussing the dirtier side of college basketball.
Aug 18, 2014, 8:25 PM EDT
Ohio State has some interesting games in the non-conference slate.
Aug 18, 2014, 7:25 PM EDT
Iowa head coach Fran McCaffery defended some of his player’s recent offseason troubles.
Aug 18, 2014, 6:24 PM EDT
Some more disturbing allegations are levied against a 2014 NCAA Tournament team.
Aug 18, 2014, 5:00 PM EDT
This week’s CBT Recruiting Roundup features some thoughts on Noah Dickerson to Florida and a couple of 2015 guards cutting school lists.
Aug 18, 2014, 3:42 PM EDT
The two programs haven’t played on one another’s home court in two decades.
Aug 18, 2014, 2:24 PM EDT
Nebraska has added a player in the Class of 2017 and a top 50 recruit from 2012 in the span of a few hours.
- John Calipari on whether Kentucky will use platoons this season: ‘I think so’ 2
- College Basketball Talk’s Recruiting Roundup 1
- Austin Hatch, who twice survived plane crashes, plays for Michigan 0
- Kentucky loses final game of Bahamas tour, Jack Martinez hits game-winner for Dominican Republic (VIDEO) 0
- Four-star shooting guard verbally commits to UCLA 0
- USA Basketball U17 team wins gold in the FIBA World Championships 0
- Larry Brown on Emmanuel Mudiay going pro: ‘I thought it was a bad decision’ 4
- Michigan State’s Tom Izzo takes the #icebucketchallenge (VIDEO) (5)
- Larry Brown on Emmanuel Mudiay going pro: ‘I thought it was a bad decision’ (4)
- Former Vanderbilt player releasing book exposing sex, drugs and parties in college basketball (4)
- Watch Stephen Curry put 40 on Gonzaga in the NCAA tournament (VIDEO) (3)
- Five-star power forward Elijah Thomas sets five official visits (3)