The O'Bannon Case (calling all you lawyers to weigh in)

[xubrew]

Okay, my opinion is that it could not have possibly gone any worse. I'm not even sure what the NCAA's defense was. The NCAA, Mark Emmert, and other witnesses, said that they felt the games would be less popular if players were paid. The problem was they offered no real proof of that, and even if they could prove it, is that even a legitimate legal defense??

The NCAA's own witnesses said that conference realignment was about money, and that it was a cartel. A cartel that "did nice things."

The judge was reportedly even rolling her eyes during testimony. From all accounts, it was a train wreck. It was so bad, that one is wondering if the NCAA's strategy is to appeal on the grounds of their counsel being negligent.

http://espn.go.com/espn/otl/story/_/id/11125524/ncaa-setup-baffles-ed-obannon-antitrust-trial-judge

If the NCAA does not settle this case, who knows what the ruling will be. I know there is opposition to pay the players. I'm STRONGLY against paying the players in a free market system where they can negotiate their own contracts. Most of my reasons for wanting the NCAA to settle are admittedly selfish. I'd hate to see the non-revenue sports go away (I actually am a fan), and I'd hate to see the gap between the haves and have nots increase to the point to where the non power conference teams essentially have no chance of competing.

But, I fear that's what will happen if the NCAA does not settle this. Part of the settlement should be to just let them have the revenue off of licensing. Use that to to supplement a stipend, and do it in a way that's fair to everyone so the big guys don't absolutely crush the little guys even more than they already are. I know people don't like that idea, but if you're one of those people, just imagine the possible alternatives.

I don't think it could have possibly gone worse. I don't think they have a chance in hell of winning this. In fact, I think they got absolutely crushed. When the judge is openly baffled by the NCAA's case, that's not a good sign.

Long story short, it looks to me that if the NCAA doesn't settle this before the ruling, then they will be at the mercy of a ruling being issued by a judge who is openly baffled.

http://chronicle.com/article/At-Midpoint-of-O-Bannon/147279/?cid=at&utm_source=at&utm_medium=en

http://mobile.nytimes.com/2014/06/29/sports/ncaabasketball/as-obannon-trial-ends-ncaa-portrays-itself-as-benevolent-cartel.html?referrer=&_r=0

[waggy]

I'm generally a know-it-all gas bag, but this shit is over my head. I do have one general question, or associated questions.. Cannot any school just rescind their membership in the NCAA? And by extension if every big school in every big conference just leaves, while saying that the "NCAA" is inept, then who pays? The little guy? No one? Does the NCAA go bankrupt?

With all the different things in the news lately related to paying players, scholarship guarantees, etc., it's pretty clear something's afoot, and I think the "NCAA" is going to take the fall. Pretty stupid really when you understand that the organization is not only for, but by the institutions. If it's inept, it's because it's members allowed/caused it to be so.

[xubrew]

To answer your question, yes. Any school, or any group of schools, can leave at any time. The power conferences have talked about it if they don't get the reforms that they're asking for.

You're also right about the member schools allowing it to be inept.

From a legal standpoint, I think they're toast unless they settle. If the verdict awards hefty damages, and on top of that allows players to be paid and/or make money on the open market without any interference from the NCAA, then college sports as we know it may basically be over.

[xu82]

I'm generally a know-it-all gas bag, but this shit is over my head. I do have one general question, or associated questions.. Cannot any school just rescind their membership in the NCAA? And by extension if every big school in every big conference just leaves, while saying that the "NCAA" is inept, then who pays? The little guy? No one? Does the NCAA go bankrupt?

With all the different things in the news lately related to paying players, scholarship guarantees, etc., it's pretty clear something's afoot, and I think the "NCAA" is going to take the fall. Pretty stupid really when you understand that the organization is not only for, but by the institutions. If it's inept, it's because it's members allowed/caused it to be so.

How very refreshing! I read the first post, but had no idea where to begin. A frank disclaimer was the way to go!

[Mel Cooley XU'81]

The NCAA, Mark Emmert, and other witnesses, said that they felt the games would be less popular if players were paid.

Well, that's bullshit.

Justice Cooley finds for the plaintiffs.

With prejudice. If that's possible.

[waggy]

From a legal standpoint, I think they're toast unless they settle. If the verdict awards hefty damages, and on top of that allows players to be paid and/or make money on the open market without any interference from the NCAA, then college sports as we know it may basically be over.


I think the schools already see that it's over. Or more accurately, the big schools want it to be over. And they want to hang any liabilities on "the NCAA", and walk away. They already have almost all the money coming from distribution rights. The NCAA does zero for them, but makes an excellent and convenient scapegoat/pawn. Keep that in mind if (you think) you see the NCAA imploding.

[xu82]

The NCAA, Mark Emmert, and other witnesses, said that they felt the games would be less popular if players were paid.

OK, replace popular with profitable and you're on to something.

[Juice]

OK, replace popular with profitable and you're on to something.

http://www.everydayshouldbesaturday.com/2014/6/26/5846522/no-pay-for-play-behind-the-ncaas-survey-numbers

In relation to the NCAA claiming that less people would watch if they were paid, this made me laugh.

[LA Muskie]

I know the NCAA's lawyers at Munger Tolles. They are far from negligent. Quite the opposite -- they are some of the best around.

I don't know much about antitrust law other than that antitrust cases are very hard to win but create about as much downside risk for the defendants as the law allows.

The NCAA is sitting on piles of cash that I'm sure its member institutions would like distributed at some point. So I doubt any of them want to lose.

But I agree that the "Power" conferences are hoping that the ruling forces the NCAA to reform. And not-so-coincidentally, they have a reform proposal...

[LA Muskie]

O'Bannon and the NCAA student-athlete class won (https://ia700404.us.archive.org/7/items/gov.uscourts.cand.218079/gov.uscourts.cand.218079.291.0.pdf).