May 21, 2014, 9:13 PM EST
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.
Jan 30, 2015, 11:01 PM EST
Here is a rundown of all the action from Friday night.
Jan 30, 2015, 9:30 PM EST
The Jayhawks will wear these on Feb. 28.
Jan 30, 2015, 7:45 PM EST
That rivalry ended when Mizzou left the Big 12 in favor of the SEC.
Jan 30, 2015, 6:30 PM EST
Trey Davis left the court with only seconds remaining after colliding into a Kendall Pollard screen.
Jan 30, 2015, 5:45 PM EST
The backup guard has missed the last five games.
Jan 30, 2015, 5:09 PM EST
“Big Country,” Randy Rutherford and the rest of the squad is expected back for the team’s game against Kansas to celebrate the 20th anniversary of their trip to the Final Four.
Jan 30, 2015, 4:04 PM EST
Bruce Pearl expressed remorse over how his tenure at Tennessee ended and also remains thankful for former Tennessee AD Mike Hamilton.
Jan 30, 2015, 2:47 PM EST
Having already lost one game in Ivy League play, Harvard looks to bounce back with a win at Princeton.
Jan 30, 2015, 12:50 PM EST
Aaron White suffered a stinger in Iowa’s loss to Purdue, and Gabe Olaseni is dealing with a sprained ankle suffered Monday.
Jan 30, 2015, 11:43 AM EST
The donation will be used to improve the basketball offices and practice facility, with leftover funds being used for any improvements that may need to be made down the line.
Jan 30, 2015, 11:00 AM EST
Kansas’ incredibly rigorous schedule moves them to the top line in the latest update.
Jan 30, 2015, 10:35 AM EST
Thursday’s loss was a reminder of the fact that these current Utah players are still getting used to being the “hunted.”
Jan 30, 2015, 9:50 AM EST
While D’Angelo Russell gets most of the attention (and rightfully so), another freshman has stepped forward in the last two games for the Buckeyes.
Jan 30, 2015, 9:02 AM EST
The Super Bowl isn’t the only high-octane action we’ll see this weekend.
Jan 30, 2015, 12:19 AM EST
With Shannon Scott being a senior and D’Angelo Russell considered to be a possible lottery pick if he goes pro, JaQuan Lyle’s commitment is a nice insurance policy moving forward.
Jan 29, 2015, 10:57 PM EST
Ike Nwamu scored 20 points in the Bears’ 75-72 overtime win over Chattanooga, but should he have two (or three) more points to his credit?
Jan 29, 2015, 9:38 PM EST
Providence’s Kris Dunn posted the program’s first triple-double since 2006, and UMass held off Dayton in Amherst.
Jan 29, 2015, 8:44 PM EST
The third year of the event means an improved schedule, with all ten games being played on one day.
Bradley’s leading scorer one of three players facing disciplinary action following incident Thursday morning
Jan 29, 2015, 6:57 PM EST
Warren Jones is averaging a team-best 13.8 points per game for Bradley, which has lost six of its last seven games.
Jan 29, 2015, 5:46 PM EST
Leland King led Brown in scoring and was also tied for the team lead in rebounds per game.
- Weekend Preview: Duke-Virginia, an MVC showdown and UNC-Louisville 2
- Duke dismisses reserve shooting guard from program 13
- Chase for 180: Already a good shooter, Tyler Harvey’s been even better in 2014-15 0
- Film Session: The case for Jerian Grant as National Player of the Year 1
- Jerian Grant, No. 8 Notre Dame erase another double-digit deficit as they beat No. 4 Duke 7
- Late Night Snacks: No. 8 Notre Dame outlasts No. 4 Duke in a thriller 2
- 2015 McDonald’s All-American rosters announced 2
- Duke dismisses reserve shooting guard from program (13)
- Jerian Grant, No. 8 Notre Dame erase another double-digit deficit as they beat No. 4 Duke (7)
- Bill Self on the loss of Kansas-Missouri rivalry: ‘It hasn’t been great’ (5)
- Coach K earns career win No. 1,000 in No. 5 Duke’s win over St. John’s (4)
- Kentucky lands commitment from international Class of 2016 big man (4)