The Federal Judge has issued her ruling for the NCAA-O’Bannon case and it has not gone in the NCAA’s favor. It could have gone a lot worse, but the fact that they were ruled to have violated antitrust laws is a problem, especially for the future cases that they have to face now that this is all over. The Kessler case is a big deal and if they lose that, then it will really all be over.
With decades to cooperate, college sports instead went indignant/hardline, pushed commercialism. Created opposition. Only itself to blame
— Dan Wetzel (@DanWetzel) August 8, 2014
Judge concludes that NCAA restrictions on compensation do not promote competitive balance. — Gabe Feldman (@SportsLawGuy) August 8, 2014
“Not clear why paying student-athletes would be any more problematic…than paying other students who provide services to the university”
— Gabe Feldman (@SportsLawGuy) August 8, 2014
Judge- schools wouldn’t exit FBS football or D I bball if they were permitted to pay their student athletes a limited amount of compensation — Gabe Feldman (@SportsLawGuy) August 8, 2014
Still plowing, but it seems Wilken shot down most of the NCAA’s defenses before issuing a rather kind ruling.
— Andy Staples (@Andy_Staples) August 8, 2014
But unfortunately for the NCAA, the shooting down of arguments does not bode well for the other cases in the pipeline. — Andy Staples (@Andy_Staples) August 8, 2014
The Supreme Court rejects about 99% of petitions. While O’Bannon v. NCAA is novel & important, odds are against it getting to Supreme Court.
— Michael McCann (@McCannSportsLaw) August 8, 2014
Major point here- 1984 SCOTUS NCAA case said that to preserve quality of NCAA sports, student athletes “must not be paid”. (1 of 2) — Gabe Feldman (@SportsLawGuy) August 8, 2014
Judge here says that language was “incidental” and doesn’t mean that NCAA restrictions on compensation are automatically legal.
— Gabe Feldman (@SportsLawGuy) August 8, 2014
Judge notes that the NCAA’ s definition of amateurism is “malleable” and has changed in “significant and contradictory ways” — Gabe Feldman (@SportsLawGuy) August 8, 2014
Just a reminder that the O’Bannon suit is the Doolittle Raid. The Kessler suit is the Enola Gay.
— Bryan Mac (@Bry_Mac) August 8, 2014
Here’s the case in full and it’s quite a read.
The NCAA also issued their own response.
