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.
Oct 23, 2014, 9:59 AM EDT
The Shockers went to the Final Four in 2013 and undefeated in 2014. What is next for them?
Oct 22, 2014, 10:46 PM EDT
Cody Larson was South Dakotas Next Big Thing. He returned in infamy, but that has not stopped him from succeeding.
Oct 22, 2014, 10:14 PM EDT
Wisconsin held its third annual “Shooting Down Cancer” event Wednesday, with their goal being to #MakeBoPay.
Oct 22, 2014, 9:13 PM EDT
Austin Nichols is the reigning American Athletic Conference ROY, and sophomore Avery Woodson is expected to compete for minutes in a crowded by inexperienced backcourt.
Oct 22, 2014, 7:03 PM EDT
Cezar Guerrero knocked down five straight from half-court during the team’s Red and White Hoops Night event Tuesday.
Oct 22, 2014, 6:43 PM EDT
Oregon didn’t have much depth to begin with due to various personnel issues, so Michael Chandler’s lingering knee problem is a major concern.
Oct 22, 2014, 5:00 PM EDT
People don’t come more intense than Bruce Pearl.
Oct 22, 2014, 4:25 PM EDT
Given SMU’s depth on the perimeter, LaGerald Vick’s decision to move back in classes will help both parties in the future.
Oct 22, 2014, 4:06 PM EDT
College basketball will have plenty of impact freshmen this season. Here’s a look at some that could step in and contribute right away.
Oct 22, 2014, 3:18 PM EDT
The Longhorns are the first school in the country to do this.
Oct 22, 2014, 2:55 PM EDT
The Cardinal now have three four-star recruits in the Class of 2015.
Oct 22, 2014, 2:09 PM EDT
Wednesday’s report is much more damning than either of the previous two that have been released.
Oct 22, 2014, 1:00 PM EDT
There is one big name that wasn’t named to the preseason first team.
Oct 22, 2014, 12:00 PM EDT
The top half of the Summit League will be a tight race all season long.
Oct 22, 2014, 11:00 AM EDT
The Big East coaches love Villanova, but are they sleeping on Marquette?
Oct 22, 2014, 10:00 AM EDT
ULM has some off-the-court issues to address with the season looming.
Oct 22, 2014, 9:00 AM EDT
Fun fact about Shaka Smart: He has still never won a conference regular season title.
Oct 21, 2014, 11:00 PM EDT
Stanford’s back court depth took a hit this week.
Oct 21, 2014, 9:45 PM EDT
Suspensions have been handed down for two James Madison players involved in a fall altercation.
Oct 21, 2014, 8:38 PM EDT
Nebraska has been recruiting the state of Illinois very hard and it paid off with a 2016 commitment.
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