Never litigate today what you can lose tomorrow.

The NCAA thinks it would be a swell idea to put off the O’Bannon trial until next February.  Strenuously:

The NCAA is pursuing this line of argument so vigorously that its Tuesday filing did not even address its prior request that Wilken either sever all evidence and claims related to video games from the O’Bannon case or delay it.

Tuesday, the NCAA wrote, in part, “even severance of the videogame claims will be insufficient to avoid Seventh Amendment violations.”

But, according to a transcript of last Thursday’s hearing – which occurred without arguments as detailed as those in the NCAA’s filing Tuesday – Wilken said in response to NCAA lawyer Glenn Pomerantz: “Well, here’s the thing. I just don’t see a Seventh Amendment issue here. … In terms of a separate case, just because there happens to be some overlap in issues, that just doesn’t raise the Seventh Amendment in any way.”

It sounds like Stacey Osburn is gearing up for another no comment.



Filed under The NCAA

6 responses to “Never litigate today what you can lose tomorrow.

  1. Dog in Fla

    Sometimes buildings are magnets for great thinkers and/or tourists

    The NCAA

    “The NCAA building is a magnet for visitors to the Indiana capital

    The Reichstag

    “Das Reichstagsgebäude ist ein Besuchermagnet der Bundeshauptstadt”


  2. Mayor

    It just gets worse and worse for the NCAA. Galactically stupid defense strategy.


    • Dog in Fla

      And to make matters worse for the Home Office, the defense is even more galactically freaked out because they no longer have a shot at confusing a jury


  3. Russ

    I’m not a lawyer, so a question for the attorneys here. At what point do the NCAA lawyers tell the NCAAA they’re screwed?


    • Russ

      NCAA. Or maybe that third A stands for A-hole.


      • C.S.

        At what point do the NCAA lawyers tell the NCAA they’re screwed?

        When they read the complaint. At a minimum, probably a few months ago, when it became clear how fast this was headed south. Trouble is, the NCAA lawyers seem just about as monumentally clueless as the NCAA. I can’t imagine a reasonable attorney under these circumstances who wouldn’t have already had a serious come-to-Yeezus talk with his/her client before now.