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 29, 2015, 11:40 PM EDT
According to the report SMU met with the NCAA Committee on Infractions last month.
Jul 29, 2015, 10:35 PM EDT
Harding won’t join the program until 2018 however, as he’ll be taking his two-year LDS mission beforehand.
Jul 29, 2015, 8:50 PM EDT
Director of player personnel Travis Diener is pegged as the best player in the games, with he and assistant Chris Carrawell trading some good-natured shots at each other.
Jul 29, 2015, 8:17 PM EDT
Only Aqeel Quinn, who’s out of eligibility, made more three-pointers for the Aztecs last season than Shrigley.
Jul 29, 2015, 6:42 PM EDT
All three programs made Davis a focal point in Las Vegas last weekend.
Jul 29, 2015, 5:15 PM EDT
Notes on Vance Jackson, Brendan Bailey and Javonte Smart included.
Jul 29, 2015, 3:17 PM EDT
I’m OK with this becoming a thing all August.
Jul 29, 2015, 2:30 PM EDT
Tyson Waterman is the latest victim in the fallout from the Southern Miss scandal.
Jul 29, 2015, 1:30 PM EDT
That’s now two of Kentucky’s elite freshmen with concerns looming.
Jul 29, 2015, 12:00 PM EDT
Bruce Pearl was fired by Tennessee for lying about a barbecue.
Jul 29, 2015, 10:30 AM EDT
See which schools are still in play for one of the top rising juniors
Jul 29, 2015, 9:24 AM EDT
Suhr was on staff with the ‘Bad Boys’.
Jul 28, 2015, 10:04 PM EDT
Elijah Bryant will have three years of eligibility remaining.
Jul 28, 2015, 8:43 PM EDT
The Arkansas forward was charged with one count of forgery last week.
Jul 28, 2015, 7:45 PM EDT
The three-star forward failed to qualify earlier this month.
Jul 28, 2015, 6:21 PM EDT
Bobby Hurley off to a good start in his new gig in Tempe.
Jul 28, 2015, 6:00 PM EDT
Tai Wynyard of New Zealand is the only commit currently in Kentucky’s Class of 2016.
Jul 28, 2015, 5:15 PM EDT
John Beilein gets his third commitment for 2016.
Jul 28, 2015, 4:00 PM EDT
If you can do things like this, you can play for Duke or Kentucky.
Jul 28, 2015, 3:58 PM EDT
The accusations against him include burner phones, hiding IP addresses and his mother’s cell.
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- If the NCAA is correct, Donnie Tyndall is in big, big trouble 2
- Former Memphis forward Austin Nichols transferring to Virginia 3
- Saturday Las Vegas Recap: Zach Norvell goes off, Josh Jackson makes it look easy 0
- Thursday Las Vegas Recap: Dennis Smith and Frank Jackson battle; Lonzo Ball quiets critics; Wendell Carter talks visit 0
- Wednesday Las Vegas Recap: Dennis Smith vs Lonzo Ball; Frank Jackson faces Kobi Simmons 0
- Kentucky-commit Jamal Murray scores 20 to headline Wednesday’s Pan-Am Games 0
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- 7-foot-6 UCF center Tacko Fall throws down between the legs dunk (VIDEO) (3)
- United States wins bronze at Pan-Am Games (3)
- Former Memphis forward Austin Nichols transferring to Virginia (3)