College Sports Law Blog

Federal Judge Yvette Kane has dismissed Pennsylvania Governor Corbett’s antitrust suit against the NCAA. The NCAA filed a motion to dismiss the case by arguing that the complaints made by Governor Corbett do not fit within parameters of antitrust jurisprudence. Judge Kane agreed and referred to Governor Corbett’s lawsuit as a “Hail Mary pass.” She explained that she could not “find any factual allegations supporting [Governor Corbett’s] allegations of concerted action that might nudge its conspiracy claim into plausible territory.” Judge Kane, further, wrote “[t]he fact that Penn State will offer fewer scholarships over a period of four years does not plausibly support its allegation that the reduction of scholarships at Penn State will result in a market-wide anticompetitive effective, such that the ‘nation’s top scholastic football players’ would be unable to obtain a scholarship in the nationwide market for Division I football players.” Although Judge Kane acknowledged that the case raises issues that may be important to the general public and its debate of the sanctions, such debate does not raise antitrust questions or issues. “In another forum the complaint’s appeal to equity and common sense may win the day, but in the antitrust world these arguments fail to advance the ball.” Governor Corbett has not yet announced whether he will appeal the decision.

Former student-athletes have filed suit against Brand Affinity Technologies for the sale of photographs licensed to them by universities and colleges. According to the named plaintiff, former UTEP football student-athlete Yahchaaroah Lightbourne, the companies selling the prints did not have the former student-athletes’ permission to sell their images and likenesses, which is similar to the arguments raised in O’Bannon v. NCAA. The former student-athletes are seeking to form a class action and are demanding at least $5 million in damages.

On May 30, 2013, the Paterno family along with former football players, members of the Board of Trustees of Pennsylvania State University (“Penn State”) , former football coaches, and members of the faculty of Penn State filed suit against the NCAA, Mark Emmert, and Edward Ray in the Court of Common Pleas of Centre County, Pennsylvania. The Complaint goes into to great detail to describe the NCAA’s enforcement process and how the NCAA failed to follow the process legislated by the membership, while uniformly adopting the Freeh Report. The Plaintiffs take umbrage with the NCAA’s adoption of the Freeh Report and its characterization of the Freeh Report as an “incredibly exhaustive effort.” Further, the Complaint argues that Freeh and his firm did not conduct an investigation into alleged NCAA rules violations, nor did the report make any findings concerning alleged NCAA rules violations.

In 2009, Ryan Hart, a former Rutgers University football student-athlete, filed suit against Electronic Arts, Inc. (“EA”) for allegedly violating his right of publicity as recognized by New Jersey law. Hart’s claims stem from EA’s use of his image, likeness, and biographical data in the popular NCAA Football series of videogames. On September 9, 2011, the District Court of New Jersey granted EA’s motion for summary judgment on the grounds that its use of Hart’s likeness was protected by the First Amendment. This appeal followed.

The NCAA Division I Infractions Appeals Committee (“Committee”) recently reviewed the Committee on Infractions’ (“COI”) decision relating to the former head football coach at Texas Southern University (“TSU”). COI found that the former head coach failed to promote an atmosphere of compliance and imposed a three-year show cause penalty, ordered the former head coach to attend the NCAA Regional Rules Seminar all three years of the show cause penalty, ordered the former head coach to attend an ethics course during the first year of the show cause penalty, and precluded the former head coach from all on- and off-campus recruiting activities during the show cause period.

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that Wingate University (“WU”) committed major violations of NCAA legislation. The violations in this case center on the former head women’s basketball coach. She knowingly committed violations of the extra benefit legislation when she provided a total of $160.00 on seven separate occasions to four student-athletes. Further, she provided another student-athlete (“student-athlete 1”) with prescription drugs at no charge. The former head coach also committed a violation of recruiting legislation when she paid half of the enrollment deposit fee for student-athlete 1 while she was still a prospect. After the investigation concluded the case was submitted to the Committee through the summary disposition process, which is an alternative to a formal hearing before the Committee that may be utilized when the NCAA enforcement staff, the member institution, and involved individuals agree to the facts of an infractions case and that those facts constitute major violations of NCAA legislation.

The NCAA Division I Infractions Appeals Committee (“Committee”) recently reviewed the Committee on Infractions’ (“COI”) decision relating to the University of Central Florida (“UCF”). COI found that UCF violated multiple NCAA bylaws governing recruiting, impermissible benefits and recruiting inducements, and lack of institutional control. COI, therefore, issued substantial penalties including a postseason ban for the UCF football team. A more thorough analysis of COI’s decision can be found here.

 A New York judge has dismissed a NBA security guard's lawsuit against University of Connecticut head women's basketball coach Geno Auriemma.   The court dismissed the case by stating the alleged conduct did not occur in New York.  The NBA security guard claims Auriemma made sexual advances towards her during the London Olympic Games.  Counsel for the NBA security guard has indicated an appeal will be filed.  More about the lawsuit can be found here.

Without playing a game in the Big East Conference, Boise State University is asking a court to allow it to exit the conference without paying a $5 million exit fee.  Boise State has filed a lawsuit in Boise, Idaho arguing that the Big East Conference no longer exists (soon to be known as American Athletic Conference).  As such, Boise State seeks a declaration that they are not liable and should not be required to pay the exit fee.

Judge Thomas Gavin has ruled that Mike McQueary's whistleblower and defamation lawsuit against Penn State can move forward.  The court ruled that McQueary showed Penn State's conduct was sufficiently outrageous to allow the case to continue.  More information on McQueary's case can be found here.