The NCAA loses another procedural motion.
The ruling doesn’t grant the ex-players certification in their suit against the NCAA, Collegiate Licensing Company and EA Sports over the commercialized use of athletes’ image, name and likeness.
But the decision staves off the NCAA’s attempt to end the case now after filing a 33-page motion last October to strike the certification motion. A certification hearing has been set for June 20.
“Although our motion to strike was denied, the Judge has signaled skepticism on plaintiff’s class certification motion and recognized the plaintiffs’ radical change in their theory of the case,” NCAA chief legal officer Donald Remy said in a statement. “This is a step in the right direction toward allowing the NCAA to further demonstrate why this case is wrong on the law and that plaintiffs have failed to demonstrate that this case satisfies the criteria for class litigation.”
Sorry, sport, but when you’ve filed a motion to kick a case to the curb, being told by the judge that, instead, you have to make your case on the merits isn’t “a step in the right direction”. It’s a loss. It’s not the only one the NCAA has suffered in this matter, either. None of them are decisive, but taken collectively, there’s a trend afoot.
And that’s what should make the NCAA more than a little nervous at this point. From where I’m sitting, it looks like you’ve got a judge who wishes the parties would get their collective heads out of their asses and reach some sort of settlement. Unfortunately, she may be underestimating Mark Emmert’s tone deafness. It wouldn’t be the first time that’s happened.
If this suit actually sees the inside of a courtroom, I have little doubt the plaintiffs – whomever they wind up being – will win. And that will be the cherry on top of the sundae that is Emmert’s presidency. Burn down the plantation, for the win!