CHICAGO— Ed O’Bannon’s case against the NCAA appears to have lost considerable steam.
U.S. District Judge Claudia Wilken has certified the lawsuit as a class action, but with a significant catch. She certified the class solely for injuncitve relief which means current division I basketball players and FBS football players can continue to challenge he NCAA on the restrictions taht amateurisim places on their earning potential, but former playrs will not be able to pursue damages because the plaintiffs have not identifited a legitmate method to calculate those damages to former players.
The decision left O’Bannon and about 20 current or former athletes– who were urged to join by fomer shoe company executive and activist Sonny Vaccaro– without what they initially wanted, compensation for their likenesses and images after their playing career ending. Even if they win in court, they would unlikiely to profit from the verdict.
The judge did say she would allow the plantiffs to try for a verdict that could fundamentally change the NCAA’s limits on player compensation for appearing in TV broadcasts and licensing. The door is open for the NCAA and the plantiffs to discuss a settlement in this four-year case. But without having to pay out damages to former athletes, the NCAA likely will not agree to a settlement because they see the potential costs of losing as limited.
Sports Illustrated legal minds are suggesting the decision to partially certify a class action could lead present college athletes with an interesting option of joining a trade association that would negotiate contracts for them. No such association exists yet, but sources close to Ed O’Bannon’s legal team told SI it could be formed in a matter of months. Organizational efforts, which involve several law firms, began immediately after Wilken’s order to certify a class action against the NCAA’s amateurism rules.
A trade association for college athletes would function as a players’ association and would negotiate contacts with television networks, video game companies and other organizations that profit from college players’ images, likenesses and names. This means college sports video games with real players and names would become possible. The trade association would also seek negotiated compensation for college athletes in the form of long-term disability and pension benefits. Many of the trade association’s goals would embrace those of the National College Players’ Association, a California-based advocacy group for college athletes’ rights, SI wrote.
