- HOOPSWORLD | Basketball News & NBA Rumors - http://www.hoopsworld.com -
NCAA to block class action in O’Bannon case?
Posted By HOOPSWORLD On October 18, 2012 @ 2:59 am In All,Wirenews | Comments Disabled
by Steve Berkowitz, USA TODAY Sports
Lawyers defending the NCAA in an anti-trust lawsuit related to the use of college athletes’ names and likenesses say the case should not be certified as a class action, in part, because the plaintiffs changed their legal strategy in a way that is unfair and could mean the NCAA has wasted “significant time and money” responding to the suit.
The NCAA and other defendants have spent millions of dollars on the case, initially filed in May 2009, and the NCAA has had to engage in a review of more than 650,000 documents, the association’s lawyers wrote in documents filed Wednesday with a U.S. District Court in California.
The NCAA’s lawyers signaled their belief that the case, now set for trial in June 2014, would be further delayed if the class certification is granted because new plaintiffs would be added and more pre-trial motions would be required.
Lawyers for former and current football and men’s basketball players are seeking damages from the NCAA; video-game maker Electronic Arts; and Collegiate Licensing Co., the nation’s leading collegiate trademark licensing and marketing firm. The 16 named plaintiffs, including former basketball stars Ed O’Bannon, Oscar Robertson and Bill Russell, say their names, images and likenesses were used illegally by the NCAA.
The former players allege that the defendants violated anti-trust law by conspiring to fix at zero the amount of compensation athletes can receive for the use of their names, images and likenesses in products or media while they are in school. They also are challenging the NCAA’s practice of requiring athletes to sign forms under which they allegedly relinquish in perpetuity all rights pertaining to the use of their names, images and likenesses in ways including TV contracts, rebroadcasts of games, and video game, jersey and other apparel sales.
In Wednesday’s filings, the NCAA’s lawyers make a series of arguments, including a claim that the plaintiffs have recently adopted legal theories for their case that are fundamentally different from those cited in the plaintiffs’ underlying complaint. If the plaintiffs are allowed to pursue those “new” theories, the defendants would have to “litigate an entirely new case after … [For more on NCAA seeks to block class action in O'Bannon case, click here.]
Article printed from HOOPSWORLD | Basketball News & NBA Rumors: http://www.hoopsworld.com
URL to article: http://www.hoopsworld.com/ncaa-seeks-to-block-class-action-in-obannon-case
Copyright © 2013 HOOPSWORLD | Basketball News & NBA Rumors
Part of the USA TODAY Sports Media Group.