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College Sports Law Blog



Maloney v. T3Media, Inc.: Student-Athlete Right of Publicity Claims Preempted by the Copyright Act

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Written by Christian Dennie   
Tuesday, 11 April 2017 19:05

 

Patrick Maloney and Tim Judge (“Plaintiffs”) are former NCAA student-athletes who played for the Catholic University (“CU”) men’s basketball team between 1997 and 2001. In their final year at CU, they made it all the way to the Division III national championship game, and helped lead the underdog Cardinals to an upset 76-62 victory over the William Paterson University Pioneers. The game’s drama was captured in a series of photographs depicting the Plaintiffs in play, and later posing as members of the team with CU’s first-ever national championship trophy. The NCAA owns or controls the copyright to these photographs. It accordingly placed them into its collection, the NCAA Photo Library.

Read more... [Maloney v. T3Media, Inc.: Student-Athlete Right of Publicity Claims Preempted by the Copyright Act]
 

NCAA Division I Infractions Appeals Committee: University of Southern Mississippi, Former Assistant Basketball Coach

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Written by Christian Dennie   
Thursday, 06 April 2017 18:17

On April 8, 2016, the Committee on Infractions (“COI”) issued its report in which COI found violations of NCAA legislation in the men’s basketball program. On the basis of those findings, COI determined this was a major infractions case and imposed penalties accordingly. This case centered on violations of NCAA bylaws governing academic fraud and impermissible financial aid to enrolled student-athletes. COI imposed a show-cause order on appellant because of his involvement in the violations.

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Onyshko v. NCAA: NCAA’s Motion for Summary Judgment Denied

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Written by Christian Dennie   
Tuesday, 04 April 2017 22:19

In June 2014, Matthew Onyshko and his wife (individually and collectively “Athlete”) filed a two-count Complaint alleging negligence and loss of consortium against the National Collegiate Athletic Association (“NCAA”) based on its alleged failure to adequately supervise, regulate, and minimize the risk of long-term brain injury resulting from repeated head impacts.  Athlete contended that these failures increased Athlete’s risk of developing long-term health conditions when, as a California University of Pennsylvania (“University”) student-athlete, he relied upon the NCAA to protect his health and safety.  This action is based on Athlete recently being diagnosed with brain and spinal cord injuries he attributed to repeated blows to his head suffered during his five-year collegiate football career at University between 1999 and 2003.

Read more... [Onyshko v. NCAA: NCAA’s Motion for Summary Judgment Denied]
 

The NCAA Committee on Infractions Has Spoken: Mississippi Valley State University

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Written by Christian Dennie   
Monday, 03 April 2017 15:07

The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that Mississippi Valley State University (“MVSU” or “Institution”) committed violations of NCAA legislation. This case involved improper eligibility certifications at MVSU. It also involved a former head cross country coach directing student-athletes to compete under assumed names. The Panel considered this case through the cooperative summary disposition process in which all parties agreed to the primary facts and violations, as fully set forth in the summary disposition report (“SDR”). The Panel proposed further penalties to the Institution and the former head coach. Because the parties agreed to the proposed penalties, there is no opportunity to appeal.

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The NCAA Committee on Infractions Has Spoken: Southeast Missouri State University 2017

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Written by Christian Dennie   
Tuesday, 28 March 2017 21:45

The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that Southeast Missouri State University (“SEMO” or “Institution”) committed violations of NCAA legislation. This case involved academic misconduct by a former assistant men's basketball coach at SEMO. The Panel considered this case through the cooperative summary disposition process in which all participating parties agreed to the primary facts and violations, as fully set forth in the summary disposition report (“SDR”). The Panel proposed additional penalties to the Institution and the former assistant coach. The Institution agreed to the additional penalties proposed by the Panel and therefore has no opportunity to appeal. The former assistant coach, after not initially participating in the SDR process, contested the length of his proposed show-cause penalty at an expedited hearing. The Committee retained the contested penalty in part. Pursuant to NCAA Bylaw 19.6.4.5, the former assistant coach has the opportunity to appeal his penalty.

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Deppe v. NCAA: Motion to Dismiss and Strike Granted in Part and Denied in Part

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Written by Christian Dennie   
Friday, 10 March 2017 22:27

Peter Deppe (hereinafter “Plaintiff”) filed suit against the National Collegiate Athletic Association (hereinafter “NCAA” or “Defendant”) under Section 1 of the Sherman. The suit was filed on March 8, 2016 in the United States District Court, Southern District of Indiana, Indianapolis Division (“Court”). Recently, the NCAA moved for dismissal in accordance with Rule 12 and to strike certain pleadings. The Court granted the request in part and denied in part.

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The NCAA Committee on Infractions Has Spoken: Morehead State University

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Written by Christian Dennie   
Monday, 20 February 2017 20:27

The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that Morehead State University (“MSU” or “Institution”) committed violations of NCAA legislation. This case involved progress-toward-degree violations in several sport programs at MSU. The Panel considered this case through the cooperative summary disposition process in which all parties agreed to the primary facts and violations, as fully set forth in the summary disposition report (SDR). The Panel proposed further penalties to the Institution, including probation. Because the Institution agreed to the violations and penalties, there is no opportunity to appeal.

Read more... [The NCAA Committee on Infractions Has Spoken: Morehead State University]
 

Memo of the NLRB Office of the General Counsel: Student-Athletes are Employees under the NLRA

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Written by Christian Dennie   
Monday, 13 February 2017 17:53

On January 31, 2017, Richard F. Griffin, Jr., General Counsel of the National Labor Relations Board (“NLRB”), issued Memorandum GC 17-01 (“Memo”).  The Memo is titled “General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context.”  The Memo addresses a few different cases; however, this blog will focus on the discussion made in reference to student-athletes.

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Alston v. NCAA: The Parties Settle for in Excess of $208 million

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Written by Christian Dennie   
Monday, 13 February 2017 17:01

In 2006, in White v. NCAA, a group of student-athletes filed suit against the NCAA on antitrust grounds seeking to recover damages for the difference between the full cost of attendance and the NCAA’s version of an athletic scholarship (i.e., tuition, fees, room and board, and books).  The difference between full cost of attendance and full grant-in-aid as defined by the NCAA is generally $1,500.00-$6,000.00 depending on the locale of the institution.  In 2008, the NCAA and the White plaintiffs reached a settlement that allowed student-athletes in the class to have access to funds for educational purposes.  The White settlement was in excess of $210 million.

Read more... [Alston v. NCAA: The Parties Settle for in Excess of \$208 million]
 

The NCAA Committee on Infractions Has Spoken: Baylor University 2016

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Written by Christian Dennie   
Monday, 16 January 2017 22:49

The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that Baylor University (“Baylor” or “Institution”) committed violations of NCAA legislation. The case involved the football program at Baylor.Specifically, two assistant football coaches exceeded the limitations on evaluations and contacts of two prospective student-athletes in the spring of 2015 and another assistant football coach personally attended a contest in which a future opponent competed. The violations occurred because the coaches thought they had found "loopholes" that allowed them to count only evaluations of prospects they intended to watch, rather than those they actually watched, and to engage in brief, "fan-like" exchanges with the prospects. The Panel concluded the violations regarding excessive evaluations and contacts are Level II violations. When the third assistant football coach personally observed part of a football contest involving a future opponent of the Institution, he committed a Level III violation. This case was limited to those issues, and the Panel did not consider any other information.

Read more... [The NCAA Committee on Infractions Has Spoken: Baylor University 2016]
 
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