Another anti-trust suit is filed against the NCAA over using player likenesses. And it comes with a threat for a whole lot more where that came from:
Michael Hausfeld, the lead attorney for the O’Bannon plaintiffs, said lawyers for Kegans and Smetona have talked with him about their case.
“They’re not the first, nor will they be the last suing the NCAA in light of the judge denying class certification,” Hausfeld said. “Based on inquiries made to us, there are hundreds, if not thousands, of them already lined up.”
Of course no post on the topic would be complete without a sample of NCAA bullshit. This will do quite nicely.
The complaint quotes a hearing in the O’Bannon case from 2009 in which the court questioned an NCAA lawyer on the association’s interpretation of its release forms.
The Court: “So do you view the things that they signed, or some people may have signed, and when they graduate from college, after that, they are not bound by it anymore?
NCAA: “It depends on which things we are talking about, Your Honor.”
The Court: “Any of them. Do they all end on graduation or is there some that you contend really do continue to apply?”
NCAA: “The form 08-3a and 09-3a, by their terms, give the NCAA a limited right, and it’s limited to use certain likenesses that were created during the time period that the person was a student athlete for the limited purpose of promoting NCAA championships and general NCAA events.”
The Court: “Only up until the time they graduate?”
NCAA: “No, that continues.”
Stupid kids. Why didn’t you talk to somebody before you signed…
The Kegans complaint also argues that athletes should have legal counsel when signing such documents. The suit cites a 2009 case against the NCAA brought by then-Oklahoma State pitcher Andrew Oliver, who was declared ineligible for hiring an adviser to negotiate with professional teams. The judge in the case stated that if the NCAA intends to deal with athletes in good faith, then athletes should have the appropriate tools available to make a wise decision. The NCAA settled with Oliver in 2009 for a reported $750,000.
What happened to the good ol’ days when kids got screwed and were appreciative about it?