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College Sports Law Blog



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.

Read more... [The NCAA Committee on Infractions Has Spoken: University of New Hampshire]
 

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]
 

Floyd v. NCAA and Division I Conferences: Antitrust Lawsuit Filed in Minnesota

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Written by Christian Dennie   
Friday, 02 May 2014 14:53

Sharrif Floyd and six other student-athletes have filed a class action suit against the NCAA, Big 10, Pac-12, Big 12, SEC, ACC, AAC, Atlantic Sun, Conference USA, MAC, Mountain West, and Sun Belt. The Plaintiffs argue that the Defendants have “jointly agreed and conspired with their member institutions…to deny these athletes compensation they would otherwise receive for their services in a competitive market.” There are a number of lawsuits currently pending relating to compensation for student-athletes, financial aid packages, and the cost of attendance. This lawsuit adds two wrinkles that have not been previously addressed: 1) the Plaintiffs sued the NCAA and conferences (other lawsuits have included only the major five conferences); and 2) the class has a female representative and, thus, the Plaintiffs are seeking additional “compensation” for female student-athletes.

Read more... [Floyd v. NCAA and Division I Conferences: Antitrust Lawsuit Filed in Minnesota]
 

Student-Athlete Likeness Litigation Headed To Trial

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Written by Christian Dennie   
Friday, 18 April 2014 13:43

It appears as though the NCAA student-athlete name and likeness litigation case is heading to trial after U.S. District Judge Claudia Wilken denied the NCAA’s motion for summary judgment.

Read more... [Student-Athlete Likeness Litigation Headed To Trial]
 

NCAA Council Approves Meals, Other Student-Athlete Well-Being Rules

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Written by Christian Dennie   
Thursday, 17 April 2014 18:33

The NCAA’s Legislative Council recently announced that Division I student-athletes can now receive unlimited meals and snacks in conjunction with their athletics participation. This rule will apply to both scholarship student-athletes and walk-ons. Prior to this change, student-athletes only received three meals a day or a food stipend.

Read more... [NCAA Council Approves Meals, Other Student-Athlete Well-Being Rules]
 

Northwestern’s Football Players Are Permitted to Hold Election for Unionization

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Written by Christian Dennie   
Tuesday, 01 April 2014 13:57

Football players receiving grant-in-aid scholarships from Northwestern University filed a petition under Section 9(c) of the National Labor Relations Act to be considered employees of the University for the purposes of collective-bargaining. The Employer, Northwestern University, asserted that its football players receiving scholarships should not be labeled employees under the Act. The University, or “Employer”, also stated its players were temporary employees who are not eligible for collective bargaining. Finally, the Employer contended that the petitioned-for-unit was arbitrary and not appropriate for bargaining.

Read more... [Northwestern’s Football Players Are Permitted to Hold Election for Unionization]
 
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