Judge dismisses NCAA’s motion preventing players from pursuing TV revenue


The debate over allowing student-athletes to be compensated beyond the value of their athletic scholarship took an intriguing turn on Tuesday. A federal judge in the Ed O’Bannon case dismissed a motion filed by the NCAA, along with Collegiate Licensing Company, that would prevent football and men’s basketball players from legally pursuing a cut of TV revenue from live sporting event broadcasts.

The dismissal keeps the door open for the O’Bannon lawsuit to become a class-action. O’Bannon, a former UCLA basketball player, has led the suit since 2009 over the NCAA’s use of players’ images, names and likenesses in rebroadcasts. Recently, however, the plaintiffs amended their case to include current athletes and live TV broadcasts.

The NCAA tried (and failed) to call B.S. on that amendment.

“Now the (NCAA and its co-defendants) are facing potential liability that’s based on the billions of dollars in revenue instead of tens or hundreds of millions,” Michael Hausfeld, interim lead counsel for the plaintiffs, said via ESPN’s “Outside the Lines”. “It’s a more accurate context for what the players deserve.”

A tentative date for a class certification hearing is still over a year away and the motion’s dismissal was not a decision that directly results in college athletes getting a slice of television revenue. There’s still an argument to be made over merit which the NCAA can win.

But the fight for athletes to legally pursue a cut of what has become a multi-billion business has continued life. With every new TV deal that is struck to obtain the broadcasts rights of a college football or men’s basketball game, the NCAA’s bread and butter argument of amateurism gets harder to defend.

Actually, that’s being kind; you can’t defend it. At least not from a non-legal perspective. The expectations from every aspect — players, coaches, admins and fans — are too high to consider football and men’s basketball “just a game.” I mean, it is just a game, but it’s not operated or even viewed that way.

That doesn’t mean the NCAA still isn’t doing its best to hold on to the leg of amateurism with a kung-fu grip as it struggles to walk out the door (and it’s not like you can fault ’em for trying).

“Although our motion to strike was denied, the Judge has signaled skepticism on plaintiff’s class certification motion and recognized the plaintiffs’ radical change in their theory of the case,” NCAA chief legal officer Donald Remy said in a statement. “This is a step in the right direction toward allowing the NCAA to further demonstrate why this case is wrong on the law and that plaintiffs have failed to demonstrate that this case satisfies the criteria for class litigation.”

Whether the plaintiffs in the O’Bannon suit can make a compelling enough case to allow athletes to be compensated remains to be seen, but the opportunity hasn’t been taken away yet.

Starting LB C.J. Johnson reveals surgery on social media, Ole Miss confirms

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Ole Miss will be without a starting piece of its defensive puzzle for an extended period of time, both the player and the school revealed Tuesday.

With rumors swirling about his condition, C.J. Johnson confirmed on his personal Twitter account late this morning that he will be undergoing surgery at some point in the not-too-distant future.  The linebacker sustained an injury to his left knee in last Saturday’s loss to Florida and did not return to the contest.

Subsequent to that posting, Ole Miss confirmed that Johnson underwent surgery earlier in the day to repair a torn meniscus in his knee.  The procedure and rehab will sideline Johnson for a period of 4-6 weeks.

At the low-end of the prognosis, Johnson would miss the next four games — New Mexico State, Memphis, Texas A&M, Auburn — and return for the Nov. 7 game against Arkansas.  The high-end would have him sidelined until the regular-season finale against Mississippi State.

Johnson had started all five games at middle linebacker for the Rebels.  He started 26 games at defensive end the past three years before moving to linebacker.

Butch Jones labels rumor of ‘physical altercation’ with Vols player ‘absolutely ridiculous’

ATHENS, GA - SEPTEMBER 27:  Head coach Butch Jones of the Tennessee Volunteers yells at Marquez North #8 during the game against the Georgia Bulldogs at Sanford Stadium on September 27, 2014 in Athens, Georgia.  (Photo by Kevin C. Cox/Getty Images)
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Already in the crosshairs for his 2-3 team’s late-game failures, Butch Jones now finds himself under increasing scrutiny for something that allegedly happened a couple of months ago.

The website, which features such respected journalists Tony Barnhart and Mike Huguenin among others, reported earlier today that the Tennessee head coach was involved in what was described as a “physical altercation” with senior offensive lineman Mack Crowder during summer camp this past August.  The source close to the program added that practice film that day captured the alleged incident, although it’s unclear if that tapes still exists.

From the site’s report:

The incident occurred during fall camp, about the time that news started to come out about a few offensive linemen who were considering stepping away from the program. Crowder walked off the practice field one day and missed a day or two of practice, and Brett Kendrick and Dylan Wiesman were said to be contemplating their futures. Sources say the players’ actions stemmed from an incident between Jones and Crowder.

The website also made a Freedom of Information request seeking any correspondence between the university and the Crowder family be turned over, but writes that UT “administrators said any sort of letter or correspondence that may or may not have happened was covered under the Family Educational Rights and Privacy Act.”

Monday, Jones labeled what began as message-board speculation that he had struck one of his Vols players as “absolutely ridiculous.” The Knoxville News Sentinel contacted Crowder’s father, with the paper writing that “he had no comment and did not want to give validation to message boards.”

At least publicly, the university has yet to address the allegations.  Jones will get yet another chance to address the speculation with the media in the very near future.