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.
Jul 26, 2014, 10:30 AM EDT
USA Basketball has a lot of talent in the building this week for the U17 World Championship camp.
AAU Nationals Friday Recap: Event moves to Louisville, Bruce Brown plays well, Noah Dickerson updates recruitment
Jul 26, 2014, 9:00 AM EDT
AAU Nationals and Super Showcase continued on Friday in Louisville.
Jul 25, 2014, 7:15 PM EDT
Florida commit KeVaughn Allen had a great week at Peach Jam.
Jul 25, 2014, 5:30 PM EDT
Former Delaware guard Jarvis Threatt is turning pro after being dismissed from the program in June.
Jul 25, 2014, 4:47 PM EDT
Didn’t believe Niang when he stated that he’d reshaped his body? Here’s visual evidence that he did.
Jul 25, 2014, 4:00 PM EDT
New York City guard Rawle Alkins is one player to monitor in the Class of 2016.
Jul 25, 2014, 1:21 PM EDT
If allowed to do so, how would a draft of the Class of 2015′s best players go? Here’s our attempt.
Jul 25, 2014, 11:30 AM EDT
The Texas native isn’t happy some Texas schools pulled their scholarship offers.
Jul 25, 2014, 10:49 AM EDT
Two of the nation’s best big men were on the same court Thursday, with Zimmerman’s Oakland Soldiers getting the win.
Jul 25, 2014, 9:45 AM EDT
Hipsher worked with Watson from 2009-11, when he was associate head coach at Alabama and Watson a grad assistant.
Jul 25, 2014, 9:00 AM EDT
Despite the fact that Vujovic made it through the NCAA Eligibility Center, Monmouth has decided to not admit him.
Jul 24, 2014, 10:04 PM EDT
Eric McKnight’s waiver to play immediately was denied by the SEC.
Jul 24, 2014, 8:45 PM EDT
Groce is under .500 in Big Ten play in his two seasons at Illinois.
Jul 24, 2014, 8:34 PM EDT
Florida State will play five non-conference games against teams that reached the NCAA tournament last season.
Jul 24, 2014, 7:30 PM EDT
The four latest five-star recruits that Cal landed all showed off their Kentucky threads on instagram.
Jul 24, 2014, 6:45 PM EDT
Mostella has travelled a long road to get to Knoxville.
Jul 24, 2014, 5:30 PM EDT
Austin has found a landing place, but it’s still a long way from the Division I ranks.
Jul 24, 2014, 4:15 PM EDT
Three true road games and a visit from the reigning champs?
Jul 24, 2014, 2:49 PM EDT
Thon Maker is a top five recruit in 2016 and would be a top two or three recruit in 2015.
Jul 24, 2014, 1:53 PM EDT
Hoiberg had surgery to replace his pacemaker last week.
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