360° Coverage : Judge Ordered Settlement Talks Should Be NCAA Last Stand In...

2 Updates

Judge Ordered Settlement Talks Should Be NCAA Last Stand In Athlete Rights Cases

Mar 6 2014, 12:00am CST | by

null For decades the NCAA has faced lawsuits that could shake the NCAA at its core. Most contain allegations of antitrust law violations that if proven, could change the way the NCAA contracts with...

Filed under: news

 
 
 

25 weeks ago

Judge Ordered Settlement Talks Should Be NCAA Last Stand In Athlete Rights Cases

Mar 6 2014, 12:00am CST | by

null For decades the NCAA has faced lawsuits that could shake the NCAA at its core. Most contain allegations of antitrust law violations that if proven, could change the way the NCAA contracts with student athletes, suppliers, and most importantly, television networks that bring billions to the NCAA, without which the NCAA could not exist as we know it.

In each instance, settlement has been a friend to the NCAA. In each case, the cases settled without an admission of wrongdoing. The plaintiffs, often student athletes without the staying power to pay for expert legal counsel, received a proportioned sum of money that was a mere cost of doing business for the NCAA, a very affordable fraction of the billions it receives from TV rights.  

This time may be different. In the case involving the rights of former and current student athletes to retain their rights to their own likeness, the trial is set for June 9th – a mere three months from now. None of the other settled NCAA cases were financed this long.

Second, and related to the above, no other cases have received as many favorable rulings from not one, not two, but three federal court orders, dismissing the summary judgment motions of the NCAA.

Third, never before has the NCAA faced court-ordered settlement talks after having lost its co-defendants (EA Sports) who partnered with them to exploit those players likenesses through video manufacturing and distribution.

The conflation of these circumstances leaves the NCAA in unfamiliar territory. It is without the double-barreled bargaining power that comes with the likelihood of outspending the opposition and the precedent of prior legal opinions. The legal avalanche is that teenagers who sign NCAA documents do not have a clear statement within it that they are giving away their rights to their likeness to the NCAA for life, with no right to receive a penny made from their likeness during their playing days.  

What is cascading down on the NCAA in the upcoming months is the need to offer more money than ever before if it wants to receive a settlement without an admission of wrongdoing. The offer will also likely need to include more than money. It will need to include institutional changes that are also unprecedented – i.e. at least more clarity as to exactly what rights are reserved to the athletes.

In effect, these NCAA settlement discussions represent the precursor to and functionally the equivalent of collective bargaining between employer and employees. This subject may be confined to only the intellectual property rights at issue in the cases. But I suspect, like many settlements that have class action proportions and relief requests that go beyond money damages, there will be other institutional concessions the NCAA will have to make this close to trial.

Stay tuned. The settlement talks will not be televised. But based 0n the current state of affairs, the settlement talks between the NCAA and plaintiff athletes will be more dynamic than at any time in the modern history of college athletics.

Source: Forbes Business

 
Update
2

8 hours ago

Khazanah throws MAS RM6b lifeline

Aug 29 2014 5:01pm CDT | Source: Business Times Singapore

August 30, 2014 1:15 AMKHAZANAH Nasional will inject RM6 billion (SS$2.4 billion) over three years to resuscitate loss-making Malaysia Airlines (MAS) under a recovery plan that includes even an Act of Parliament. Other key moves are migrating its operations, assets and liabilities to a new company (NewCo) and s ...
Source: Business Times Singapore   Full article at: Business Times Singapore
 

 
Update
1

1 day ago

MAS posts loss of RM307m for Q2

Aug 28 2014 5:00pm CDT | Source: Business Times Singapore

August 29, 2014 1:13 AMMALAYSIA Airlines (MAS) registered a loss of RM307 million (S$122 million) for the second quarter to end-June, but warned of worse to come in the second half when the "full financial impact of th ...
Source: Business Times Singapore   Full article at: Business Times Singapore
 

 

Don't miss ...

 

<a href="/latest_stories/all/all/30" rel="author">Forbes</a>
Forbes is among the most trusted resources for the world's business and investment leaders, providing them the uncompromising commentary, concise analysis, relevant tools and real-time reporting they need to succeed at work, profit from investing and have fun with the rewards of winning.

 

blog comments powered by Disqus

Latest stories

Chrysler to recall cars in China
Beijing, Aug 30 (IANS) The Chinese subsidiary of Chrysler will recall cars on the Chinese mainland over flaws that may lead to fires, the country's quality watchdog has said.
 
 
Four gen-next Indian-origin economists in IMF list of 25
Washington, Aug 30 (IANS) Four economists of Indian origin have been featured in in the International Monetary Fund's (IMF) list of 25 economists under 45 who are shaping the way one thinks about the global economy
 
 
Modi leaves for Japan
New Delhi, Aug 30 (IANS) Prime Minister Narendra Modi left for Japan Saturday morning on his first bilateral visit outside the Indian subcontinent.
 
 
Modi embarks on Japan visit
New Delhi, Aug 30 (IANS) Prime Minister Narendra Modi left for Japan Saturday morning on his maiden bilateral visit outside the Indian subcontinent.
 
 
 

Latest from the Network

Your face can reveal your heart condition
New York, Aug 30 (IANS) The facial features of an individual can reflect whether or not a person is experiencing atrial fibrillation - a treatable but potentially dangerous heart condition. With the assistance of a...
Read more on Business Balla
 
Don't rely on YouTube videos to save lives
Melbourne, Aug 30 (IANS) YouTube is full of videos depicting life saving techniques like Cardio-pulmonary Resuscitation (CPR) and Basic Life Support (BLS) but only a handful of these provide instructions which are...
Read more on Apple Balla
 
Arrest warrant against Pakistani leader
Islamabad, Aug 30 (IANS) A non-bailable arrest warrant has been issued for Pakistan Awami Tehreek (PAT) leader Tahir-ul-Qadri and 71 activists of his party, Dawn online reported Saturday. Pakistan's anti-terrorism...
Read more on Politics Balla
 
Terrorism a diplomatic asset: Fair is foul, foul is fair (Comment: Special to IANS)
The ISIS threat has been around for months. Why was it not nipped in the bud? Obama's response in the course of a conversation with Thomas Friedman of the New York Times is revealing. "We did not start airstrikes all...
Read more on Politics Balla
 
Two US residents arrested for posting selfie with friend's corpse
New York, Aug 30 (IANS) In a bizarre incident, two US citizens were arrested for clicking a selfie with the corpse of their deceased friend who died of a likely drug overdose. The selfie was posted on Facebook that...
Read more on Politics Balla
 
Kendall Jenner insists her name change isn't 'dramatic'
Kendall Jenner insists her decision to change her name wasn't ''dramatic.'' The 18-year-old star, who decided to drop her last name to boost her modeling career after claiming she had to ''work even harder'' because of...
Read more on Celebrity Balla
 
Britney Spears 'is moving on' from split
Britney Spears ''is moving on'' following her split from David Lucado. The 'Toxic' hitmaker, who is thought to have dumped her boyfriend on Thursday (08.28.14) after a video emerged of him allegedly cheating on her, is...
Read more on Celebrity Balla
 
Colombia recalls Falcao for Brazil friendly
Rio de Janeiro, Aug 30 (IANS) Colombia coach Jose Pekerman has recalled Radamel Falcao for his team's international friendly against Brazil next week. "I am very happy to have Falcao back and fully recovered. We will...
Read more on Sport Balla
 
Chrysler to recall cars in China
Beijing, Aug 30 (IANS) The Chinese subsidiary of Chrysler will recall cars on the Chinese mainland over flaws that may lead to fires, the country's quality watchdog has said. It will involve 25,505 imported Grand...
Read more on Business Balla
 
Four gen-next Indian-origin economists in IMF list of 25
Washington, Aug 30 (IANS) Four economists of Indian origin have been featured in in the International Monetary Fund's (IMF) list of 25 economists under 45 who are shaping the way one thinks about the global economy...
Read more on Politics Balla