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Appeals College Athletes

Steptoe & Johnson PLLC

"Amateurism" Eroding: The Third Circuit Opens the Door to Employee Status for College Athletes Under the FLSA

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On July 11, 2024, the U.S. Court of Appeals for the Third Circuit held in Johnson v. NCAA, No. 22-1223, (3d Cir. July 11, 2024) that college athletes may be considered employees under the Fair Labor Standards Act (FLSA)....more

Adams and Reese LLP

Are College Athletes Considered Employees? Court Denies NCAA Appeal in Win for Athletes

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The possibility remains that college athletes could be considered employees under federal minimum-wage laws, following a U.S Appeals Court ruling on Thursday. The NCAA had sought a definitive ruling to prevent athletes...more

Proskauer - Labor Relations Update

“Fight On”; NLRB’s Regional Office Pursuing Unfair Labor Practice Charges on Behalf of College Athletes against USC, Pac-12, and...

On December 15, 2022, the Regional Director of the Los Angeles Region of the National Labor Relations Board (“NLRB” or “Board”) found “merit” in the unfair labor practice charges filed by football and men’s and women’s...more

Bass, Berry & Sims PLC

College Athletics: Three Things for Campus Counsel to Keep an Eye On

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Athletics on campus are currently in full swing. Football continues toward its various bowls and championships, while men’s and women’s basketball competitions have just begun, not to mention the many other fall and winter...more

Bass, Berry & Sims PLC

Second Circuit Affirms Convictions in College Basketball Bribery Scandal

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On June 4, the U.S. Court of Appeals for the Second Circuit issued a decision upholding the bribery convictions of two defendants in the college basketball scandal that garnered a significant amount of media attention in...more

BCLP

The Application of the Antitrust Laws to Joint Ventures to Be Considered by the Supreme Court

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Joint venture analysis remains an area of confusion in antitrust law. Courts have tended to elevate form over substance, misapply economic principles, and lose focus of the basic purposes of the antitrust laws, i.e.,...more

K&L Gates LLP

An Introduction to Talking Sports Law - A HUB Talks Podcast

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John Wilson and Trevor Gates discuss the goals for the Talking Sports Law podcast, provide an introduction to future episodes, and each discusses a timely topic from the world of sports law....more

Butler Snow LLP

Fantasy Sports Operators, DraftKings and FanDuel, Cleared to Use Players’ Names, Pictures, and Stats without Their Consent Because...

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On October 24, 2018, the Indiana Supreme Court ruled that online fantasy sports operators, DraftKings, Inc. and FanDuel, Inc., were permitted to use former collegiate athletes’ names, pictures, and statistics without their...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Play for Pay Won’t Go Away: The NCAA Is Again Defending Antitrust Litigation Over Limits on Payments to Student Athletes

The National Collegiate Athletic Association (NCAA) and 11 of its member conferences are on trial in In Re: National Collegiate Athletic Association Grant-in-Aid Cap Antitrust Litigation (4:14-md-2541) to defend against...more

Stoel Rives - World of Employment

Another Setback for Student Athletes … or Is It?

On December 5, 2016, Berger v. National Collegiate Athletic Association brought a major setback for those advocating that “student athletes” deserve to be compensated for their contributions to the multi-billion-dollar...more

Foley & Lardner LLP

Fight On? Student-Athletes Press for Employee Status Despite Seventh Circuit Rejection

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Bong … Bong … Bong … that is the death knell you thought you heard following the decision from the Seventh Circuit Court of Appeals (covering Indiana, Illinois, and Wisconsin) in Berger v. NCAA earlier this month. After that...more

Proskauer Rose LLP

Three Point Shot - December 2016

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In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Rejects Student Athletes’ “Pay for Play” Suit

On December 5, 2016, the Seventh Circuit Court of Appeals issued its decision in Berger v. National Collegiate Athletic Association. The case was brought by former University of Pennsylvania (Penn) student athletes, Gillian...more

Mintz - Sports Entertainment Viewpoints

NCAA’s System of Amateurism

Former UCLA basketball star and NCAA champion Ed O’Bannon was the lead plaintiff in a 2009 class action lawsuit that was the first serious challenge to the lifeblood of the NCAA’s very existence: all of its players are unpaid...more

Franczek P.C.

Ninth Circuit Rules in O’Bannon Case that Some of the NCAA Compensation Rules are Unlawful Restraints of Trade

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On September 30, 2015, the Ninth Circuit Court of Appeals affirmed, in part, a district court’s ruling that some of the National Collegiate Athletic Association’s (NCAA) compensation rules were unlawful restraints on trade in...more

Bond Schoeneck & King PLLC

O’Bannon v. NCAA – A Split Decision by the Ninth Circuit

The United States Court of Appeals for the Ninth Circuit issued its highly anticipated decision in the O’Bannon case on September 30, 2015. This case was an appeal of the United States District Court for the Northern District...more

Fisher Phillips

Federal Appeals Court Rejects Payments To College Athletes

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This morning, the 9th Circuit Court of Appeals ruled that the NCAA is subject to antitrust laws and that its payment rules are too restrictive in attempting to maintain amateurism. However, in what can only be deemed a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NCAA Play for Pay? Ninth Circuit Rules Antitrust Rule of Reason Does Not Require Payments for ‘Name, Image, or Likeness’

On September 30, 2015, the Ninth Circuit Court of Appeals upheld a lower court’s ruling that the amateurism rules of the National Collegiate Athletic Association (NCAA) violate federal antitrust laws. The Ninth Circuit panel...more

Miller Canfield

Divided Ninth Circuit Splits the O’Bannon Baby

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In a two to one decision, a panel of the Ninth Circuit Court of Appeals upheld in part and reversed in part the district court injunction that prohibited universities from denying certain forms of compensation to Division I...more

Bond Schoeneck & King PLLC

Ninth Circuit Rules on NCAA’s Appeal in O’Bannon

After a lengthy discussion in which the Ninth Circuit ruled that the NCAA’s compensation rules are subject to scrutiny under antitrust laws, the Ninth Circuit affirmed in part and reversed in part the District Court’s...more

Cozen O'Connor

Cozen O’Connor Lawyers Win Appeal Defeating Northwestern Football Players' Attempt to Form Union

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The National Labor Relations Board announced on August 17, 2015 that it would not assert jurisdiction over Northwestern University’s scholarship football student-athletes in their bid to be recognized as “employees” and form...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Play for Pay? Not Today, Says the Ninth Circuit in the Latest NCAA Ruling

Whether the amateurism rules of the National Collegiate Athletic Association (NCAA) violate federal antitrust laws remains an active issue before the Ninth Circuit Court of Appeals. But the dramatic changes ordered by U.S....more

Bond Schoeneck & King PLLC

Ninth Circuit Orders Stay in O’Bannon Case

On July 31, 2015, the United States Court of Appeals for the Ninth Circuit granted the NCAA’s request to stay the injunctions ordered by the District Court in the O’Bannon v. NCAA case....more

Patterson Belknap Webb & Tyler LLP

Ninth Circuit Stays Injunction in O’Bannon v. NCAA Pending Final Decision

The Ninth Circuit issued an order last Friday staying an injunction from U.S. District Judge Claudia Wilken of the Northern District of California in O’Bannon v. NCAA until it reaches a decision on the merits of the appeal....more

Davis Wright Tremaine LLP

Penalty! The California Court of Appeal Calls Foul on the NCAA’s Attempt to Seal Records of the USC/Reggie Bush Investigation

In a significant victory for open court filings, the California Court of Appeal rejected an effort by the National Collegiate Athletic Association (“NCAA”) to seal 400 pages of documents in a dispute between the NCAA and a...more

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