Judge Says NCAA Athlete-Likeness Lawsuit Will Proceed

May 5, 2011, 3:33 pm

A federal judge in California has rejected the NCAA’s second attempt to dismiss antitrust and right-to-publicity claims against it in a lawsuit brought by former college football and basketball players, and has set a trial date of March 11, 2013.

Also this week, lawyers for the plaintiffs announced that they would take a deposition from the NCAA’s president, Mark A. Emmert, in Indianapolis next month. NCAA officials on Thursday disputed this assertion. “As the plaintiffs well know, Dr. Emmert was not at the NCAA during the time period at issue in this lawsuit,” the spokesman, Bob Williams, said in an e-mail to The Chronicle. “The plaintiffs’ notice of his deposition at this point is inappropriate, and we will take action accordingly.”

In the court ruling, issued on Monday, Judge Claudia Wilken of the U.S. District Court in Oakland, Calif., also dismissed claims that the video-game company Electronic Arts Inc., which is a co-defendant with the NCAA in the broader lawsuit, violated antitrust law by conspiring with the NCAA and its licensing arm to avoid paying former college athletes for the use of their images and likenesses in video games.

The ruling is the latest development in a class-action lawsuit, dubbed In re NCAA Student Athlete Names & Likenesses Litigation, brought by former college athletes against the company, the NCAA, and the Collegiate Licensing Company, which handles the NCAA’s licensing business. Sam Keller, a former football player at Arizona State and Nebraska, and Ed O’Bannon, a former standout basketball player at UCLA, are the lead plaintiffs in the right-to-publicity and antitrust segments of the case, respectively.

The judge’s dismissal of antitrust claims against Electronic Arts on Monday does not put an end to legal proceedings against the company. Separate claims over whether the company violated former athletes’ right to publicity are still pending.

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wolf359

With 100+ applicants for every TT position, I imagine that search committee members are searching for reasons like this to thin the pool. But as you say, a strong applicant may not necessarily be eliminated for a careless mistake; much probably rides on the personality of each individual committee member.

I’ve had rejection letters sent to my address but with the name of another applicant. That makes me feel even MORE rejected because they can’t even keep us rejects straight.
koufax33

After a great on-campus interview for a student affairs position at a large midwest University, I sent thank you cards to the search committee members. Unknown to me, one of those I sent was a blank thank-you card, nothing written inside. I was offered the position two days later.

Two months into my new job, I receive back a thank you card, which the card itself was rather quite familiar to me. She thanked me for accepting the job, etc and said she was glad they hired me, even if I sent blank thank cards. Zing! Since then, I always double check my cards before sealing an envelope!
minnesotan

That story made my day.

It also reminds me that I have some thank you notes to write (and double-check they’re filled out properly).
ndcollier

ditto. i received a confirmation letter addressed to the wrong name.
raza_khan

I find that our education system is broken and ineffective and we at community college feel the brunt of this. The fundamental underlying issue I believe is the disconnect and perhaphs intentional lack of communication across to the “other side”

We all know well that there are excellent students and excellent teachers in the K-12 system across the country. However, we all realize that No Child Left Behind has prompted the teachers to preach to the test and for the K-12 system to ensure no one student is “left behind” even though it may be in the child’s best interest.

So, why is that an issue for us at the community colleges? … Other than the obvious “duh!” reply, we now are forced to cater to the community needs and one of them is to provide developmental courses to students who have passed high school, earned their diploma but are really not academically ready for college. I can probably say with a high certainity (or higher confidence interval) that 99% of community college faculty members have yet to sit down with high school teachers in bi-annually or even annually meetings to discuss what is required of students as pre-requisites.

The same is true when it comes to community colleges and the 4-year institutions. The issue I see is is not academic preparation but as to how we prepare our students. At community colleges, we offer smaller class sizes, teaching is the major responsibility for the faculty and we offer a lot of support to our students. However, the ball game changes at 4-year where you may have 400-student classes, where faculty members are teaching only one class and are bogged down in research as part of tenure process or better yet may be teaching the class from overseas via webcam or may even have TA’s teach the class too!! Also, there is slightly to moderately less intensity of focus on student support at 4-year institutions.

We first may have to look at what is not working on our campus. Then, we must be willing to talk to our partners – those where our students come from and those where they go to at all academic levels. Short of that, we are doing a great injustice to our younger generation.

My above observations are based on teaching at a doctoral, comprehensive, 4-year and 2-year colleges in the last 13 years at DC, CO, IL, NE, OR, CA and now at MD.

best,

Raza
_____________________________
Raza Khan, Ph.D.
dr.raza.khan@gmail.com
aeonelpis

Some details matter more than others. We had a candidate this year who listed the wrong name for the Major Journal that published hir first article. Failing to swap out a school in a letter is understandable. But not knowing where you published? That raised a lot of concerns about knowledge of the field, professionalization, etc.
westfalldavis

Re: ndcollier & wolf359

At least you got a rejection letter! I think there must be a Black Hole of the universe filled with packets from new graduates that are never acknowledged.
elfnes2

I wonder what you really think . . .?
morningsider

As a member of multiple search committees, I am looking for reasons to narrow the pool. Just yesterday I put two applications in the “no” pile: one had put the incorrect institution name in the cover letter, the other had left *blanks* for the institution name and job title!

I will not consider a candidate who has not taken time to proofread and/or individualize a cover letter. What else will that person be careless about? How much could that person really want this job if s/he can’t be bothered to individualize an application to explain how how s/he fits our job position?

Is that harsh to hold applicants to such a standard? Or should I eliminate those candidates for other (possibly arbitrary) reasons? Shouldn’t carelessness count toward disqualification?
http://twitter.com/madhitsblog madhits

thanks for the update. Living in Vegas we are close to Ed and very interested in the proceedings. I also feel that the demise of the NCAA is evident and eventually will be abolished. If you get a chance you read my article at madhitsblog.com and look up NCAA hypocrisy..thanks and keep up the great work
graced

My concern is that these technologies diminish the meaning of being physically present to family, friends, or colleagues. I witness this daily as students and faculty walk across campus, often side by side, while talking and texting, or walk around in their heads, iPod-oblivious to the physical realities around them.
ucc_business

The article doesn’t mention using computers for education’s core business – student learning. Software is now available from companies like Knewton and Grockit to provide content and formative assessment and student collaboration in a Mobile, 24/7 environment. Adaptive/Collaborative Learning will change and greatly improve learning and the results. It will attack college’s biggest problems, retention and graduation rates, particularly for community colleges and for the under-prepared students.
profkevans

It could be possible that quite the opposite occurs; a more widening instead of narrowing of circles in which true debates and dialogues can begin?
fortysomethingprof

86% of those who graduated from high school _last year_ think getting a college degree is worth it? How would they know?
gahnett

Yes, I agree with fortysomethingprof.

The poll asks the attendees that have yet to be the primary payees. Ask them in five years if it was worth it or ask the parents who are footing the bill.
dailyreader

Maybe this small summary is incomplete but I can’t help but wonder why they would ask high school graduates if going to college was worth it. And of those who didn’t 80% plan to do it later. Well, naturally they would.