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

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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.

Report: Big 12 still raking in SEC-level cash

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It’s a bad time for the Big 12. The conference isn’t signing blue chip prospects at the rate of its peers, isn’t producing draft picks at the rate of its peers and isn’t reaching and winning big games at the rate of its peers.

But the Big 12 is still getting paid at the rate of its peers.

The league’s contracts with ESPN and FOX combined with its 10-team set up have allowed the Big 12 to keep pace with the SEC and Big Ten and remain ahead of the ACC and Pac-12 in financial distribution. The Dallas Morning News‘s Big 12 writer Chuck Carlton tweeted on Friday the league’s per-school distribution will again grow 10 percent to more than $33 million in 2017-18.

The SEC distributed just north of $40 million in 2016-17, while the Big Ten was at $33 million by 2014-15.

However, since the Big 12 does not have its own television network, its conference distributions do not include third-tier rights, which its schools keep and sell on their own — like the Longhorn Network. So schools like Texas, Oklahoma and Kansas are likely getting paid equal or above their SEC and Big Ten peers.

Now if only they could start recruiting and winning like them, too.

Former Texas DT Jordan Elliott headed to Mizzou

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Former Texas defensive tackle Jordan Elliott will now be a Missouri Tiger, he announced on Friday.

Elliott chose Missouri to follow Brick Haley, his defensive line coach in Austin that landed at Mizzou after Charlie Strong‘s firing.

“They’re a program that’s on the come up, SEC ball is the highest level,” Elliott said in an interview with Power Mizzou. “Coach Haley is one of the best D-Line coaches out there. Missouri’s a powerhouse for defensive linemen. They’re coming and going first round every year. That’s real appealing to me.

“I talked to coach Haley and got it rolling.”

Elliott was a Signing Day addition to Strong’s 2016 class who was committed to Michigan before his late flip. He said that his one season in Austin amounted to a year-long version of buyer’s remorse.

“There’s a lot of speculation going around, but at the end of the day I just wasn’t happy there,” he said. “It’s nothing against the coaches at Texas, they’re great coaches. It’s a great program and I really learned a lot of things, but I just never really enjoyed Texas since I first got there.”

Elliott posted eight tackles and 1.5 TFLs in six appearances as a true freshman last season before suffering a torn MCL against Iowa State in October.

He would have been in line for starter’s snaps had he remained on Tom Herman‘s squad this fall. Instead, Elliott will sit out the 2017 campaign and have three years remaining to compete as a Tiger beginning in ’18.

 

WATCH: FCS player paralyzed in 2015 game vs. Georgia walks

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Tired of the continuous stream of negative college football news? Here ya go.

During a September 2015 game against Georgia, Southern wide receiver Devon Gales sustained a severe spinal injury that left him paralyzed and hospitalized for five months. This week, Gales used Twitter to offer up a very encouraging and inspiring update — the former wide receiver, with the assist of a couple of physical therapists, taking a dozen steps.

On the way indeed.

In February, Georgia announced that it was launching “Drive to Build a Dawg House” for Gales and his family.

Nebraska WR Stanley Morgan avoids felony pot possession charge

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One of the top playmakers in Nebraska’s passing game has avoided what was originally a serious legal charge.

According to KETV-TV in Omaha, Stanley Morgan was arrested following a traffic stop May 6 in Port Orange, Fla., for possession of 21.4 grams of marijuana; according to the penal code in the state of Florida, possession of more than 20 grams of weed is considered a felony.  However, the television station wrote, “prosecutors charged the case as ‘possession of cannabis not more than 20 grams,’ making it a misdemeanor.”

Why the the charge against Morgan went from a potential felony to a misdemeanor — or reduced as the Associated Press reported — wasn’t detailed.  A misdemeanor possession of paraphernalia charge was dropped as well.

Cornhuskers defensive back Antonio Reed was also in the vehicle that was driven by his teammate and was charged with misdemeanor pot possession as well.

“Head Coach Mike Riley and the Athletics Department are aware of a recent incident in Florida involving Stanley Morgan Jr.,” a statement from the university began. “We will have no additional comment until we have all information regarding this matter.”

Morgan’s 33 receptions for 453 yards were second on the team last season.  With Jordan Westerkamp‘s departure, the junior is the Cornhuskers’ leading returning receiver.

Also a junior, Reed played in 22 games last season.  He was credited with 22 tackles.