Jeffrey Kessler update

If you’re looking for an easy to follow summary of where the Alston and Jenkins cases currently stand, click here.

If you want the tl;dr version, here it is in one tweet.

Those are going to be tough rows for the NCAA to hoe.


Filed under See You In Court, The NCAA

13 responses to “Jeffrey Kessler update

  1. Why the NCAA doesn’t settle this thing just makes me shake my head. I’m surprised a university president who happens to have been a business law professor at a P5 school prior to being an administrator (can anyone think of somebody to fit the bill?) hasn’t told Emmert this isn’t the hill to die on legally because Kessler is going to burn the whole thing to the ground.


    • Tough to kick that sweet sweet jack they make off the cartel. They are like an addict that is kicking the can down the road until they are forced into rehab. The amateur model is a twisted rational that justifies their fix.


    • The other Doug

      Does Kessler want to settle or burn the whole thing to the ground?


      • Dylan Dreyer's Booty

        From an ethical standpoint, it doesn’t matter what Kessler personally wants. His duty is to his clients, and while advice is part of that duty, he also has to convey offers and if the clients want to take an offer it will be settled.

        But that is just a moot point because the NCAA has made no reasonable (at least that we know of) offer, so if buns to the ground it will only be because Kessler struck a match months ago and the NCAA thinks you can put the fire out with gasoline.


      • Your first mistake is assuming he has a settlement partner. 😉


      • I assume Kessler wants to do what his clients ask for … settle or litigate. I would imagine his perspective would be whatever would be most profitable for his firm … I don’t think he took the case to be a “social justice warrior.” A nice settlement would probably suffice to him. If the NCAA wants to drag their losing case out and his client wins plus the NCAA pays the plaintiffs’ legal bills, he would probably be okay with that as well.


  2. Dylan Dreyer's Booty

    I just had to laugh at the NCAA saying they can’t go to trial until June of 2019 only to have Judge Wilkens move it from December 3, 2018 to September 4, 2018. Something tells me she has a nose that can smell some bs no matter how much Febreze they have sprayed on it.


  3. Derek

    Pretty much sounds like the ncaa has lost

    My question is how did it become framed as a “pay limit” as opposed to “not a paid employee at all, so there is no ‘limit’ it’s that we don’t pay students ANY salary?”

    That seems to be the hill to die on.


    • They already died on that one in O’Bannon.


      • Derek

        I thought that was about the schools profiting from “likeness” and shutting the players out.

        How did O’Bannon establish that there was an employer/employee relationship?

        I thought that fight was lost by Northwestern and the NLRB?


        • Pay limit has nothing to do with employee status.


          • Derek

            Then I’m suing you for capping my compensation package at $0!! I spend way too much time on here not to get a little bit back, right?

            I’m sorry but I don’t get it. Are the research assistants in the chemistry department suing too?

            Why is “limit” even something being debated here? How did we cross that threshold question that compensation was owed at all so that limits are even a consideration?

            I separate that from the issue of damages related to the EASports case.

            I apologize if part of the problem is an obvious lack of paying attention but i am admittedly a bit lost here.


  4. ASEF

    Can you imagine an internal NCAA debate over how to settle and at what parameters? Your P5 alone would probably be split into two distinct camps.

    Opposing is easy. Solving a problem is hard. Congress proves that daily.