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.
Sep 2, 2015, 10:05 PM EDT
With two seniors in their current front court, adding a big man helps North Carolina moving forward.
Sep 2, 2015, 8:00 PM EDT
Mullin threw out the first pitch at a Yankees game back in late-May.
Sep 2, 2015, 6:15 PM EDT
The men’s basketball freshmen will meet in New York City September 12 & 13.
Sep 2, 2015, 5:00 PM EDT
The ACC is loaded this year, which will make for a fun conference schedule.
Sep 2, 2015, 4:00 PM EDT
Mississippi guard Tyson Carter is one of the biggest stock risers of July.
Sep 2, 2015, 3:00 PM EDT
Two in the Arkansas forgery case pleaded not guilty.
Sep 2, 2015, 2:00 PM EDT
Josh Jackson and Harry Giles are staying on top of the Rivals150 in the Class of 2016.
Sep 2, 2015, 1:00 PM EDT
The American has some talented teams entering the 2015-16 race.
Sep 2, 2015, 12:00 PM EDT
Randy Kennedy returns in a new season ticket ad for Ole Miss.
Sep 2, 2015, 11:00 AM EDT
Jalen Rose isn’t done telling the story of the Fab Five. A new book is reportedly coming.
Sep 2, 2015, 9:50 AM EDT
Siyani Chambers is leaving Harvard for the year after a torn ACL.
Sep 2, 2015, 9:00 AM EDT
T.J. Leaf is a hot name on the recruiting trail after decommitting from Arizona.
Sep 1, 2015, 10:45 PM EDT
Bryce Alford is UCLA’s top returning scorer.
Sep 1, 2015, 8:42 PM EDT
Denzel Valentine will be in contention for Big Ten Player of the Year this season.
Sep 1, 2015, 7:16 PM EDT
Malik Monk is rated as the sixth-best player in 2016.
Sep 1, 2015, 6:33 PM EDT
Duke gets another five-star recruit.
Sep 1, 2015, 5:18 PM EDT
UConn landed its second four-star recruit in the Class of 2016.
Sep 1, 2015, 5:00 PM EDT
The GW senior finished with 19 points.
Sep 1, 2015, 3:30 PM EDT
Jayce Johnson is focusing on five schools as he’s set four official visits.
Sep 1, 2015, 2:00 PM EDT
Georgetown has some very intriguing games on the non-conference slate.
- Jalen Rose planning a book about the Fab Five 2
- Wisconsin’s Bo Ryan makes another statement wavering on potential retirement 0
- Cody Zeller, Indiana president speak out against recent athlete legal issues 0
- Five-star 2016 combo guard cuts list to four 0
- Xavier, Mount St. Joseph to launch the ‘Lauren Hill Tip-Off Classic’ 1
- Tai Wynyard: ‘I will be coming to UK in December’ 0
- Tom Izzo, 30 second shot clocks, and why zone presses will be more popular this year 1