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.
May 22, 2015, 4:27 PM EDT
Fox has led the Bulldogs to two NCAA tournament appearances in his six years as head coach, including last season’s 21-win team.
May 22, 2015, 2:40 PM EDT
The Rutgers perimeter rotation may be crowded, but there’s plenty of room for contributions as the team won just ten games last season.
May 22, 2015, 1:00 PM EDT
UNC now has 90 days to craft a response to the NCAA’s allegations.
May 22, 2015, 12:05 PM EDT
This isn’t the only addition UConn hopes to make to the 2016 class in the very near future.
May 22, 2015, 11:00 AM EDT
The Wildcats will also take on Arizona State, UCLA and Ohio State in non-conference play.
May 22, 2015, 9:50 AM EDT
Mohamed and Bakersfield big man Aly Ahmed argued in 2013 that bad advice led to them being ruled ineligible that season at Houston and Bakersfield, respectively.
May 21, 2015, 10:40 PM EDT
The slender forward joins Sacha Killeya-Jones, Ty Jerome and Kyle Guy in Virginia’s 2016 haul.
May 21, 2015, 9:35 PM EDT
Davis joins grassroots teammate C.J. Williamson Jr. in Texas Tech’s 2015 recruiting haul.
May 21, 2015, 8:00 PM EDT
UNC fell short in the race for Brandon Ingram, and the investigation was a big reason why.
May 21, 2015, 7:30 PM EDT
John Calipari will coach against former assistant Orlando Antigua November 27 in Miami.
May 21, 2015, 6:35 PM EDT
The Jonesboro, Georgia native averaged 11.9 points, 6.6 rebounds and 1.7 blocks per game as a redshirt junior at UALR.
May 21, 2015, 4:58 PM EDT
Last spring Mark Turgeon was seen by some as being on the “hot seat.” This spring, one sports book believes he’s got the early favorite to win the national title in 2016.
May 21, 2015, 3:54 PM EDT
Thanks a lot, Christian.
May 21, 2015, 2:09 PM EDT
Cal is always selling his program, and his latest viral quote is no different.
May 21, 2015, 1:40 PM EDT
It’s not as weird as it sounds.
May 21, 2015, 12:40 PM EDT
Holman was expected to spend 2015-16 at a prep school.
May 21, 2015, 11:38 AM EDT
These are pretty funny.
May 21, 2015, 10:34 AM EDT
But this overt display of ‘amateurism’ may actually be good for the fight for student-athlete rights.
May 21, 2015, 9:00 AM EDT
The Red Storm are now up to seven newcomers with this addition.
May 20, 2015, 10:25 PM EDT
While Chicago has been discussed for quite some time as a franchise that may approach “The Mayor,” they still have a head coach in Tom Thibodeau.
- North Carolina announces receipt of Notice of Allegations from NCAA 1
- LSU’s ’25 is coming’ campaign doesn’t try to hide that they’re monetizing Ben Simmons 1
- Looking Forward: Catching up on the American’s offseason 0
- Five-star center Caleb Swanigan has committed to Purdue 8
- Friday’s most important rule changes only matter if refs actually enforce them 2
- Looking Forward: Catching up on the SEC’s offseason 1
- Looking Forward: Catching up on the Big East’s offseason 3
- Five-star center Caleb Swanigan has committed to Purdue (8)
- Sports book lists Maryland as early favorite to win national title (8)
- NCAA rules committee proposes 30-second shot clock, fewer timeouts (5)
- St. John’s lands 2015 point guard Marcus LoVett Jr. (4)
- John Calipari is selling his program when he says national title isn’t a goal (4)