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.
Nov 20, 2014, 9:29 PM EST
2015 participants George Mason (2010) and Seton Hall (2011) will play in the Gildan Charleston Classic for the second time in the history of the event.
Nov 20, 2014, 8:36 PM EST
Caris LeVert led the way with 21 points and nine rebounds, and Michigan held Juwan Howard Jr. without a point over the final 5:39.
Nov 20, 2014, 6:59 PM EST
Dominic Woodson injured his left hand in practice Sunday.
Nov 20, 2014, 6:04 PM EST
More than sixty inches of snow have fallen in western New York this week, so it makes little sense to attempt to play a sporting event as scheduled.
Nov 20, 2014, 4:58 PM EST
Arizona, Michigan State and Providence all reached last season’s NCAA tournament.
Nov 20, 2014, 3:32 PM EST
Who is the most clutch player in the country?
Nov 20, 2014, 2:37 PM EST
The 2014 Maui Invitational kicks off on Monday.
Nov 20, 2014, 1:57 PM EST
I cannot respect your intelligence if you think Kentucky beats Philly. I just can’t do it.
Nov 20, 2014, 1:29 PM EST
The last two years, Wichita State, UConn and Kentucky have all made the Final Four as teams seeded outside the top six.
Nov 20, 2014, 12:45 PM EST
You have to love early morning basketball.
Nov 20, 2014, 12:30 PM EST
Sad: One of the sport’s most notorious coaches is struggling with his health.
Nov 20, 2014, 11:50 AM EST
All of today’s college hoops action.
Nov 20, 2014, 11:05 AM EST
There’s more to Shaka Smart than meets the eye.
Nov 20, 2014, 10:32 AM EST
Will we ever see Butler’s head coach on the sideline again?
Nov 20, 2014, 1:05 AM EST
It was a quiet night on the college hoops front, but one ranked team went down.
Nov 20, 2014, 12:53 AM EST
Rondae Hollis-Jefferson was the spark plug for a team that has a lot of progress to make offensively.
Nov 19, 2014, 11:37 PM EST
Jakeenan Gant has yet to play in a game for Missouri.
Nov 19, 2014, 10:42 PM EST
Now that is hops.
Nov 19, 2014, 10:37 PM EST
This is a huge win for Creighton and for the Big East as a whole.
Nov 19, 2014, 9:22 PM EST
Come on, Toby.
- Poll: 54 percent of people think Kentucky beats the 76ers, 54 percent of people are dumb 20
- Burning Questions: Who will be this year’s surprise freshman standout? 0
- After getting embarrassed by No. 1 Kentucky, where does No. 5 Kansas go from here? 3
- No. 1 Kentucky’s size, depth overwhelms No. 5 Kansas, makes 40-0 seem possible? 5
- No. 4 Duke proves No. 19 Michigan State cannot win at elite level if they keep missing on elite talent 3
- Wofford’s grueling start to the season began well before their 7:00 a.m. game 0
- No. 13 Gonzaga makes definitive statement with blowout of No. 22 SMU 2
- Poll: 54 percent of people think Kentucky beats the 76ers, 54 percent of people are dumb (20)
- No. 1 Kentucky’s size, depth overwhelms No. 5 Kansas, makes 40-0 seem possible? (5)
- No. 1 Kentucky survives Buffalo despite ugly effort offensively (4)
- Pregame Shootaround: No. 14 Iowa State needs to be on upset alert tonight (3)
- Miami upsets No. 8 Florida thanks to the Angel Rodriguez takeover (3)