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 6, 2015, 10:47 PM EDT
Four-star point guard Payton Pritchard is going to explore his options heading into the July live evaluation period.
Jul 6, 2015, 10:25 PM EDT
Northwestern continues to get good local pick-ups in the 2016 class.
Jul 6, 2015, 8:30 PM EDT
La Salle is losing an experienced guard to transfer.
Jul 6, 2015, 7:15 PM EDT
One of Tennessee’s only options at point guard is enrolling closer to the school year.
Jul 6, 2015, 5:45 PM EDT
One of the better shooting guards in the country is focused on 10 schools.
Jul 6, 2015, 4:30 PM EDT
Michigan is going with the Jumpman under its new apparel agreement.
Jul 6, 2015, 2:48 PM EDT
Kentucky had led the nation in average attendance for eight straight years.
Jul 6, 2015, 1:32 PM EDT
The top three in this group is debatable.
Jul 6, 2015, 12:53 PM EDT
Jonathan Isaac is loaded with potential.
Jul 6, 2015, 11:23 AM EDT
The front of the jersey said Kansas before.
Jul 6, 2015, 10:13 AM EDT
Two of the nation’s best high schoolers square off.
Jul 5, 2015, 10:03 PM EDT
Thibodeaux’s decision came eight days after he began basic training.
Jul 5, 2015, 8:05 PM EDT
All of the violations were deemed to be Level III or Level IV violations, which isn’t a big deal at all.
Jul 5, 2015, 5:00 PM EDT
Plenty of college basketball players were in the FIBA U19 World Championships besides the Americans.
Jul 5, 2015, 3:37 PM EDT
The USA U19 team captured back-to-back FIBA World Championships for the first time since 1983.
Jul 5, 2015, 2:20 PM EDT
Mississippi State landed a commitment on Sunday from a transfer.
Jul 5, 2015, 10:30 AM EDT
Kansas (USA) is 2-0 so far at the World University Games.
Jul 5, 2015, 9:20 AM EDT
Markelle Fultz is one the best guard prospects in the country.
Jul 4, 2015, 7:45 PM EDT
Mathiang’s playing on an Australian team that includes the likes of Peter Hooley and Hugh Greenwood.
Jul 4, 2015, 5:00 PM EDT
The 6-foot-9 Henry averaged 6.0 points and 3.6 rebounds per game last season.
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