“We are not prepared to compromise on the case.”

It looks like they’ve entered the end game in the O’Bannon suit.

Electronic Arts Sports and Collegiate Licensing Company have settled all claims brought against them by plaintiffs in the Sam Keller and Ed O’Bannon lawsuit over the use of college athletes’ names, images and likenesses, according to a court filing today.

Terms of the settlements are confidential until presented to the court for preliminary approval, the filing said. “This settlement does not affect Plaintiffs’ claims against Defendant National Collegiate Athletic Association,” the filing stated.

Meanwhile, the NCAA is hiring more lawyers and vowing to fight all the way to the Supreme Court.  All of this is pretty amazing when you consider the organization could have settled this in the beginning for a relative pittance.

It won’t surprise me, if O’Bannon makes it that far, to learn that the NCAA seriously lobbies Congress for an antitrust exemption.  The NCAA has just started to fight, by damn!



Filed under The NCAA

13 responses to ““We are not prepared to compromise on the case.”

  1. Hackerdog

    I wouldn’t worry. Mark Emmert has already stated that, whatever the result of the O’Bannon case, it won’t be used as precedent.


  2. reipar

    I just do not understand what the NCAA is doing on this case. It seems pretty clear they got caught with their hand in the cookie jar. A reasonable response would have been to figure out a way to make the law suit go away and then alter your future behavior to prevent the same claims from later coming forward again. Of course (assuming they had competent counsel) this may be another case of where the client refuses to listen to the very counsel they hired to represent them, which is an all too common problem in this country. Oh well that is where billable hours come from 🙂


  3. section Z alum

    what worries me is that congress might give ncaa an antitrust exemption


  4. wnc dawg

    Not defending the NCAA, but don’t you think their rationale of not settling was they viewed it as too dangerous a precedent? Not that I agree, but it seems at least semi-defensible. It’s a reasonable proposition that a settlement of former players leads to action by active players. No?

    Granted, if O’Bannon was swept under the rug a few years ago, they wouldn’t have gotten around to amending the complaint to include TV rights. So, it’s hard to defend that angle.


  5. Always Someone Else's Fault

    Can’t wait until high school football players sue for their retroactive cut of gate fees, concession receipts, and radio rights.

    I don’t like the NCAA at all, but the idea that LSU-Georgia this weekend is a title between two leading plantations is, sorry, complete and total BS.


    • Hackerdog

      You can’t see a difference? How many high school football video games are there? How much do high schools make on jersey sales? How much are high schools getting in broadcast revenue?

      Even if high school players were cut in on the action, how much is 10% of nothing worth?


      • ASEF

        Of course I can see the difference. Can you see the similarity?


        • There is none. One is a billion dollar industry. The other struggles to break even, and that’s at some of the best programs. More often, they just hope they don’t lose too much.


          • DawgPhan

            Isnt that the case in every collegiate athletic department save a dozen or so?


          • Always Someone Else's Fault

            Scholastic sports is a multi-billion dollar industry, and that’s before parents run their kids down to Dicks to keep Nike and UnderArmor in business. Some of the high schools here in North Carolina pay their boys basketball and football coaches supplements in excess of $50,000. ESPN shows high school sports now. I’ve attended high school games in Texas and Oklahoma in stadiums that rival the one at Western Carolina.

            It’s exactly same dynamic – fewer dollars per head, to be sure, but also a hell of a lot more heads.

            Again, I can see the differences. Pretending there are no similarities? Well, that’s because you’re more interested in arguing than talking.


  6. My name is General George Armstrong Custer and I have been anointed by God to Lead. If I say there are no Indians in those hills, Then There are No Indians In Those Hills!

    Yeah, right Emmert. Not sure depending on Congress to show up with blaring bugles to ‘Save The Day’ is a dependable strategy…


  7. Not gonna work this time.