Report: Federal judge partially certifies Ed O’Bannon suit vs. NCAA
A federal judge on Friday partially certified the class-action bid of the plaintiffs in O’Bannon v. NCAA, Steve Berkowitz of USA Today reports.
Thanks to a ruling by U.S. District Judge Claudia Wilken, the plaintiffs, made up of current and former college football and basketball players, will be allowed to challenge current NCAA rules surrounding the compensation of student-athletes. Wilken denied the plaintiffs’ request to certify a class seeking millions of dollars in damages from the NCAA for the use of players’ names and likenesses.
The case originally pitted former UCLA basketball player Ed O’Bannon and several other current and former student-athletes against the NCAA, EA Sports and Collegiate Licensing Company and sought damages for the use of student-athletes’ likenesses in video games and television broadcasts. In September, EA and CLC announced settlements in their portions of the lawsuit, leaving the NCAA as the lone defendant. Last month Wilken denied the NCAA’s motion to dismiss the suit.
In a statement, NCAA chief legal officer Donald Remy said Wilken’s decision to prevent the plaintiffs from seeking damages was the correct one.
“We have long maintained that the plaintiffs in this matter are wrong on the facts and wrong on the law. This ruling is one step closer to validating that position. We are pleased that the Court correctly found that conducting a class-wide trial for claimed damages for student-athletes who played college football and men’s basketball going back nearly a decade would be completely unmanageable and unprecedented. The plaintiffs in this case were seeking substantial damages based on erroneous theories for maintaining a class. The Court correctly removed these claims from this case.”