TORTS TODAY - course materials
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Monday, November 17, 2014
NCAA files opening argument in appeal of O'Bannon case
"The NCAA opened its appeal of the Ed O'Bannon class-action antitrust lawsuit late Friday night by primarily contending that U.S. District Judge Claudia Wilken erred "by refusing to follow" a 1984 Supreme Court ruling that the NCAA has relied upon to preserve its amateurism system.
In a 72-page filing with the 9th U.S. Circuit Court of Appeals, the association also said Wilken "improperly … took on the role of superintendent of collegiate sports" when, in addition to ruling that the NCAA's rules violate antitrust laws, she issued an injunction that would allow some athletes to receive not only scholarships covering their full cost of attending school but also what amounts to deferred compensation — all for their participation and the schools' use of their names, images and likenesses.
The NCAA, for the first time in the case, offered an assessment of what the cost of Wilken's injunction would be to schools, writing that Bowl Subdivision football players and Division I men's
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