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College Sports Law Blog



O’Bannon v. NCAA: Summarizing the Court’s Opinion

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Written by Christian Dennie   
Monday, 25 August 2014 13:55

On August 8, 2014, the Honorable Claudia Wilken issued an opinion finding “the challenged NCAA rules unreasonably restrain trade in the market for certain educational and athletic opportunities offered by NCAA Division I schools.” The following will address the Court’s analysis of the pertinent points of the case.

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ACC and Maryland Settle Exit Fee Dispute

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Written by Christian Dennie   
Tuesday, 12 August 2014 15:09

In late 2012, the University of Maryland (“Maryland”) announced that it would exit the Atlantic Coast Conference (“ACC”) to join the Big 10 Conference (“Big 10”).   Shortly thereafter, on November 26, 2012, the ACC filed suit against Maryland seeking to enforce the exit fee of the termination procedures as set forth in Section IV-5 of the ACC Bylaws. According to Section IV-5 of the ACC Bylaws, a withdrawing member shall be subject to a withdrawal payment in an amount “equal to three (3) times the total operating budget of the Conference (including any contingency included therein), approved in accordance with Section V-1 of the Conference Bylaws, which is in effect as of the date of the official notice of withdrawal.” In 2012-13, the ACC’s operating budget was $17,422,114.00. According to Section IV-5, Maryland would owe the ACC the total amount of $52,266,342.00.  

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The NCAA Committee on Infractions Has Spoken: Henderson State University (Division II)

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Written by Christian Dennie   
Thursday, 07 August 2014 21:16

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that Henderson State University (“HSU”) committed major violations of NCAA legislation. The case centered on recruiting violations, extra benefits, impermissible tryouts, impermissible countable athletically related activities, unethical conduct, failure to promote an atmosphere for compliance and failure to monitor by the institution.

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NCAA Proposed Concussion Settlement

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Written by Christian Dennie   
Wednesday, 06 August 2014 14:15

Last week, the NCAA and plaintiffs in several concussion lawsuits reached a settlement totaling $70 million. Being that the concussion litigation involves class action suits, the settlement must be approved by the Court. The terms of the proposed settlement are:

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Agu v. Regents of the University of California: Suit for Wrongful Death

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Written by Christian Dennie   
Wednesday, 06 August 2014 13:37

In February 2014, University of California, Berkley (“Cal”) football student-athlete Ted Agu collapsed following a morning training run and ultimately died. Agu had the sickle cell trait. His family has now brought a wrongful death suit against Cal. The suit claims Agu collapsed while running up a hill ten times while attached to a rope and calls the training “a lethal conditioning drill for a player with known sickle cell trait.” The suit further alleges that Cal trainers and coaches were reckless and negligent for requiring Agu to take part in training of this kind in light of the potential complications associated with the sickle cell trait. In an odd twist, Cal associate athletic trainer Robert Jackson was also present and served as a trainer when Ereck Plancher of the University of Central Florida collapsed during a training session in 2008 (Plancher also had the sickle cell trait). The suit sets forth that Cal is also negligent for hiring Jackson to serve as a trainer in light of his presence during Plancher’s collapse. Agu’s family seeks unspecified damages.

Read more... [Agu v. Regents of the University of California: Suit for Wrongful Death]
 

The NCAA Committee on Infractions Has Spoken: University of New Hampshire

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Written by Christian Dennie   
Thursday, 03 July 2014 14:42

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that the University of New Hampshire (“UNH”) committed major violations of NCAA legislation. 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 violations of NCAA legislation.

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NBA Properties, MLB Advanced Media, Major League Baseball Properties, NHL Enterprises, Collegiate Licensing Company, and Louisiana State University File Suit Against Alleged Counterfeiters

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Written by Christian Dennie   
Thursday, 12 June 2014 14:20

On June 11, 2014, NBA Properties, MLB Advanced Media, Major League Baseball Properties, NHL Enterprises, Collegiate Licensing Company, and Louisiana State University (collectively “Plaintiffs”) filed suit against various defendants based on the sale of alleged counterfeit products on the World Wide Web through various Websites. According to Plaintiffs’ Complaint, the lawsuit was filed by Plaintiffs to combat online counterfeiters who trade upon Plaintiffs’ reputation and goodwill by selling and/or offering for sale unlicensed and counterfeit products featuring one or more of the trademarks owned and/or licensed by the Plaintiffs. The Defendants are individuals and business entities who are believed to reside in the People’s Republic of China or other foreign jurisdictions.

Read more... [NBA Properties, MLB Advanced Media, Major League Baseball Properties, NHL Enterprises, Collegiate Licensing Company, and Louisiana State University File Suit Against Alleged Counterfeiters]
 

The NCAA Committee on Infractions Has Spoken: Howard University

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Wednesday, 28 May 2014 19:55

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that Howard University (“HU”) committed major violations of NCAA legislation. 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.

Last Updated on Wednesday, 28 May 2014 20:05
Read more... [The NCAA Committee on Infractions Has Spoken: Howard University]
 

THE NCAA COMMITTEE ON INFRACTIONS HAS SPOKEN: UNIVERSITY OF ALASKA, ANCHORAGE (DIVISION II)

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Written by Christian Dennie   
Thursday, 08 May 2014 15:04

The NCAA Division II Committee on Infractions (“Committee”) recently released its findings and found that the University of Alaska, Anchorage (“UAA”) committed major violations of NCAA legislation. The case involved UAA’s former head women’s basketball coach and a former women’s volunteer assistant basketball coach and the providing of impermissible benefits to two women’s basketball student-athletes.  After promising two student-athletes “full ride” scholarships, but being unable to deliver funds covering a full grant-in-aid, the head coach provided money to the volunteer coach and instructed her to deposit it into the accounts of the two student-athletes. Additionally, a representative of UAA’s athletics interests provided extra benefits to women’s basketball student-athletes when he accompanied the team to away-from-home contests, which the parties characterized and concluded were secondary violations.

Read more... [THE NCAA COMMITTEE ON INFRACTIONS HAS SPOKEN: UNIVERSITY OF ALASKA, ANCHORAGE (DIVISION II)]
 

Marucci Sports v. NCAA and NFHS: Fifth Circuit Affirms Motion to Dismiss

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Written by Christian Dennie   
Thursday, 08 May 2014 14:13

Marucci Sports, LLC (“Marucci”) filed suit against the National Collegiate Athletic Association (“NCAA”) and National Federation of State High School Associations (“NFHS”) alleging that the NCAA and NFHS imposed a regulation that restrains trade in the market for non-wood baseball bats in violation of the Sherman Act and other state laws. Specifically, Marucci alleged that the Bat-Ball Coefficient of Restitution Standard (“BBCOR Standard”) was designed to protect the NCAA’s interest in receiving sponsorship money from larger bat manufacturers such as Rawlings, Easton, DeMarini, and Louisville Slugger (“Incumbent Manufacturers”) and exclude new market entrants like Marucci. The United States District Court for the Middle District of Louisiana granted the NCAA’s and NFHS’s motion to dismiss and, on appeal, the United States Court of Appeals for the Fifth Circuit affirmed the ruling.

Read more... [Marucci Sports v. NCAA and NFHS: Fifth Circuit Affirms Motion to Dismiss]
 
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