Skip to content

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

May 21, 2014, 9:13 PM EST

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. Harvard’s first half offensive struggles tie unwanted NCAA record

    Dec 21, 2014, 1:43 PM EST

    Getty Images Getty Images

    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.

  2. Jim Boeheim and Jay Wright want to keep Syracuse-Villanova rivalry going

    Dec 21, 2014, 1:15 PM EST

    Getty Images Getty Images

    The Orange and Wildcats have split a home-and-home series since the old Big East disbanded several years ago.

  3. Louisville’s Montrezl Harrell apologizes for ejection (VIDEO)

    Dec 21, 2014, 11:15 AM EST

    AP AP

    The Louisville forward spoke about the incident that took place at the end of the first half against Western Kentucky following the game.

  4. Ben Simmons throws an alley-oop to himself off the backboard (VIDEO)

    Dec 21, 2014, 10:00 AM EST

    Kelly Kline/Under Armour Kelly Kline/Under Armour

    The nation’s top recruit also dropped 37 points in a win for Montverde Academy (Florida)

  5. No. 16 Washington hangs on to beat No. 15 Oklahoma in Las Vegas

    Dec 21, 2014, 12:10 AM EST

    Lorenzo Romar Lorenzo Romar

    With pieces that fit together better than last season’s 17-15 squad, the Huskies are off to a 10-0 start.

  6. George Mason beats preseason MAAC favorite Iona (VIDEO)

    Dec 20, 2014, 10:26 PM EST

    George Mason Patriots vs the Old Dominion Monarchs George Mason Patriots vs the Old Dominion Monarchs

    George Mason’s last win over a Division I opponent prior to Saturday came against another MAAC program, Manhattan, on November 29.

  7. POSTERIZED: Notre Dame’s Demetrius Jackson dunks on Purdue 7-footer (VIDEO)

    Dec 20, 2014, 9:00 PM EST

    Demetrius Jackson (AP Photo) Demetrius Jackson (AP Photo)

    Jackson scored 22 points, with two coming on an emphatic dunk on Purdue freshman Isaac Haas.

  8. Late Night Snacks: Villanova survives Syracuse while UNC, SMU get big wins

    Dec 20, 2014, 8:41 PM EST

    Jayvaughn Pinkston (Getty Images) Getty Images

    It’s already been a busy day in college hoops, with two buzzer-beaters and two ranked teams already going down.

  9. Chris Thomas, Malcolm Riley lead Texas Southern past No. 25 Michigan State

    Dec 20, 2014, 7:57 PM EST

    Mike Davis Mike Davis

    While Michigan State’s 4-for-21 night from three didn’t help matters, Texas Southern shot better than 53 percent from the field.

  10. Report: Former Marquette guard/forward transferring to Iowa State

    Dec 20, 2014, 7:18 PM EST

    Deonte Burton, Tim Coleman Deonte Burton, Tim Coleman

    Burton was one of two sophomores to leave the Marquette program earlier this month.

  11. No. 1 Kentucky dismantles UCLA

    Dec 20, 2014, 5:46 PM EST

    kentucky ucla AP

    Kentucky completely embarrassed UCLA on Saturday.

  12. Wake Forest freshman guard suspended six games for violation of NCAA rules

    Dec 20, 2014, 5:04 PM EST

    cd0ymzcznguwzdbhnduynddiytjhm2yyzthlmtjjotqwyyznpwrmm2riyzjmntcznwyymwm1yzy1zmqxndg1ztbimtdi AP

    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.

  13. Rayvonte Rice gives Illinois ‘Braggin’ Rights’ for a second consecutive year (VIDEO)

    Dec 20, 2014, 4:31 PM EST

    Rayvonte Rice, Joseph Young AP

    Illinois has now won two straight in the series, thanks to Rice’s three-pointer as time expired.

  14. No. 7 Villanova’s wild rally forces OT, where they beat Syracuse (VIDEO)

    Dec 20, 2014, 3:26 PM EST

    AP Photo AP Photo

    Not surprising, considering Gus Johnson is on the call.

  15. No. 24 North Carolina handles No. 12 Ohio State

    Dec 20, 2014, 3:23 PM EST

    north carolina ohio state AP

    North Carolina had its most impressive showing of the season in a convincing win over Ohio State on Saturday in Chicago.

  16. Mixtape for top 2016 recruit Josh Jackson (VIDEO)

    Dec 20, 2014, 1:30 PM EST

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

    Josh Jackson put on a show last night. Here’s a mixtape of what he can do.

  17. Alex Murphy to play, Eli Carter out vs. Wake Forest

    Dec 20, 2014, 11:49 AM EST

    AP Photo AP Photo

    This will be the first time that Murphy plays this season.