Meanwhile, in an alternate reality

The NCAA, in appealing the magistrate’s award of more than $45 million in attorney’s fees and costs in the O’Bannon litigation, asks Judge Wilken to wipe out almost every penny of that, because… well, because a win is only a win when the NCAA says it’s a win.

“There is no sense in which Mr. O’Bannon or any other former student-athlete plaintiff can be said to have substantially prevailed …”

If the Ninth Circuit doesn’t stay the lifting of Wilken’s order from the case by August 1, the NCAA is about to discover what “substantially prevailed” means.


Filed under See You In Court, The NCAA

7 responses to “Meanwhile, in an alternate reality

  1. Gaskilldawg

    Yep, the NCAA is using that venerable litigation tactic of appealing an opponent’s loss. Mighty sporting of it to ask the 9th circuit to give o’Bannon a second chance.


  2. paul

    Correct me if I’m wrong here, but didn’t Emmert get a fairly substantial raise in the past year or two? WTF? Could this organization BE more clueless? If I didn’t know better I’d think they were intentionally trying to put themselves out of business.


  3. ASEF

    Nothing would make me happier than Hausfield’s work here being pro bono. That would make O’Bannon a win-win all around.


  4. 69Dawg

    The NCAA is using the often tried but seldom successful defense that the other side should not get expensive counsel, just us. The appellate judge seems to have pointed out the number of lawyers the NCAA had used and the fact that the NCAA refused to settle the case unlike the other co-defendants. This is the Alamo defense, which ends up getting the defendant wiped out.


  5. I say let them pony up a percentage of EA gaming payments on top of the legal fees. As long as we are there in court, let’s amend the decision.

    Power to the Players.

    Of course, Delany and his conference will be going back a couple of divisions anyway so they wouldn’t care.


  6. 81Dog

    I don’t think “win” means what the NCAA thinks it means. I cant tell if they have stupid lawyers defending them, or smart lawyers who keep cashing the monthly fee checks from the NCAA as long as they keep telling the NCAA “you guys are 100% right, the judge is all wrong, you can beat this pretrial, errrrr, at trial, errrr, ON APPEAL!”

    “Hey, the client wanted to fight. We put up the best fight possible, it just didn’t work out. Order me another bottle of 100 year old scotch will, you?”


  7. Hogbody Spradlin

    It always brings a smile to see colleagues practicing their craft by saying ridiculous things with a straight face.