sam keller

Former athletes win lawsuit vs. Electronic Arts; what does it mean for O’Bannon?

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The Ed O’Bannon lawsuit is still waiting on a possible class certification, so a ruling on whether current and/or former athletes will eventually be entitled to compensation for the use of their name, image and likeness remains a ways off.

But a ruling in a separate case involving former athletes could hint at what’s ahead for O’Bannon. Reuters reports that the 9th U.S. Circuit Court of Appeals ruled against Electronic Arts in a lawsuit over the use of the likenesses of former college players, including former Arizona State and Nebraska quarterback Sam Keller (pictured), in its NCAA Football video game franchise. The decision, as made by a 2-1 vote, claims EA did not deserve protection for free expression under the First Amendment and paves the way for athletes to sue the company.

“Given that NCAA football realistically portrays college football players in the context of college football games, the district court was correct in concluding that EA cannot prevail,” wrote Judge Jay S. Bybee.

EA, the NCAA and Collegiate Licensing Company are co-defendants in the O’Bannon suit, and plaintiffs claim the images, likenesses and/or names of athletes are used without proper compensation. Both EA and the NCAA have recently sought dismissal from the case. The NCAA also, in a clear CYA move, ended its licensing agreement with EA Sports for the NCAA Football franchise. EA will continue to make the video game, just without the NCAA name on the front.

But the Keller case could indicate a settlement is coming sooner or later — at least from EA. Michael McCann of Sports Illustrated explains:

Whether the NCAA and CLC would follow suit remains to be seen, but McCann’s tweets, and the fact that the NCAA is fighting over amateurism and bylaws, indicate it’s not likely.

Tyler Rodgers, NMSU’s starting QB, arrested on battery charge

BATON ROUGE, LA - SEPTEMBER 27:  Tyler Rogers #18 of the New Mexico State Aggies drops back to pass against the LSU Tigers during the first quarter of a game at Tiger Stadium on September 27, 2014 in Baton Rouge, Louisiana.  (Photo by Stacy Revere/Getty Images)
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It’s not been a good day for a couple of starting quarterbacks at Group of Five programs.

The Las Cruces Sun-News has reported that New Mexico State’s Tyler Rogers turned himself in last Friday on a warrant that had been issued for him Aug. 14.  The junior was booked on one count of misdemeanor charge of battery against a household member.

The alleged victim is Rogers’ girlfriend. A verbal altercation at a party allegedly turned physical in a vehicle later on. When police arrived, the woman, who was initially crying, “downplayed the incident and said that it wasn’t really anything and that the altercation did not get physical and didn’t consider Mr. Rogers grabbing her arm as being a physical altercation.”

The woman decided against completing a domestic violence supplement report, and, according to the Sun-News, it’s unclear if the woman is cooperating with police.

“I was very disappointed in hearing the news but we are in the information gathering stage,” NMSU athletic director Mario Moccia said in a statement. “These are allegations that we take very seriously and we look forward to getting as much detail as possible so the university can be informed and the athletic department can make an informed decision moving forward.”

Because “it is a misdemeanor, there isn’t a suspension coming forth right now,” head coach Doug Martin said.

Rogers has started 15 games the past two seasons for the Aggies.

Arrested starting lineman suspended for WVU’s opener vs. Mizzou

MORGANTOWN, WV - NOVEMBER 07:  Wendell Smallwood #4 of the West Virginia Mountaineers celebrates with Adam Pankey #57 after rushing for a 16 yard touchdown in the first half during the game against the Texas Tech Red Raiders on November 7, 2015 at Mountaineer Field in Morgantown, West Virginia.  (Photo by Justin K. Aller/Getty Images)
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An off-field incident will lead to some on-field attrition, at least for the short-term, for West Virginia.

Starting left guard Adam Pankey (pictured, large player lifting Smallwood) was arrested earlier this month and charged with driving under the influence following a one-car accident.  Dana Holgorsen has confirmed that Pankey has been suspended and will remain that way through at least the opener Sept. 3.

“We hold these guys to high expectations,” the head coach said. “When you don’t meet those, there are going to be consequences. He’s currently suspended from the team. That’s disappointing. He will continue his suspension through Missouri, and we’ll address it at that time.”

Pankey has started 25 games the past two seasons. He started 13 at left tackle in 2014, and 12 at left guard in 2015.

With Pankey sidelined, Tony Matteo, who started one game last season, will replace the senior in the lineup.

Four-star 2016 Michigan recruit Ahmir Mitchell says he’s ‘reopening recruitment’

TEMPE, AZ - DECEMBER 28:  A Michigan Wolverines flag is carried during the Buffalo Wild Wings Bowl against the Kansas State Wildcats at Sun Devil Stadium on December 28, 2013 in Tempe, Arizona.  The Wildcats defeated the Wolverines 31-14.  (Photo by Christian Petersen/Getty Images)
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Jim Harbaugh had previously confirmed that two of the three Michigan football players not present for a team photo earlier this month — wide receiver Ahmir Mitchell, running back Kareem Walker and defensive lineman Shelton Johnson — had been suspended, although he declined to specify which two. A couple of weeks later, one of those players has apparently exited the program.

On his Twitter account Wednesday afternoon, Mitchell announced that he is “reopening my recruitment to all Universities and football programs.” It’s unclear if the wide receiver has received a release from his UM scholarship.

“I love what U of M had to offer me but, what is best for me and my family comes first,” Mitchell wrote.

A four-star 2016 recruit, Mitchell was rated as the No. 5 player at any position in the state of New Jersey and the No. 167 player overall on 247sports.com‘s composite board. He was an early enrollee who participated in spring practice.,

EMU’s suspends starting QB Brogan Roback

BATON ROUGE, LA - OCTOBER 03:  Brogan Roback #4 of the Eastern Michigan Eagles throws a pass against the LSU Tigers at Tiger Stadium on October 3, 2015 in Baton Rouge, Louisiana.  (Photo by Chris Graythen/Getty Images)
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With the opener a little over a week way, Eastern Michigan’s quarterback situation is in a significant state of flux.

The Detroit Free Press has reported that Brogan Roback has been suspended by EMU head coach Chris Creighton.  The only reason given was “a violation of our policies.”

EMU opens the 2016 season Sept. 3 against Mississippi Valley State, and it appears Roback will miss at least that contest.

“With the privilege of being a member of the Eastern Michigan University football program there are expectations and standards to which we hold our student-athletes accountable,” a portion of a Creighton’s statement sent to the Free Press read.

Roback took over for Reggie Bell as the Eagles’ starting quarterback after Week 1 last year.  He threw for 2,304 yards, 16 touchdowns and 11 interceptions in completing exactly 60 percent of his passes.

Bell transferred after the 2016 season, leaving Roback as the presumptive starter.  With Roback’s suspension, it leaves EMU with four scholarship quarterbacks — junior Todd Porter, freshman Isaac Stiebeling, and redshirt freshmen Anton Skupin and James Pensyl.  Only Porter, a junior college transfer, has experience at the collegiate level, and would presumably take over as the starter in Roback’s absence.