US: Another NCAA antitrust lawsuit delayed

After indicating she would dismiss an antitrust class action challenging the NCAA’s cap on scholarship money, a federal judge gave college athletes time to file an amended complaint clarifying the type of injunctive relief they seek.

Though U.S. District Judge Claudia Wilken refrained from ruling until the plaintiffs file an amended complaint, she did say she would most likely rule in favor of the NCAA based on case law.

The plaintiffs said the NCAA and its conferences violate federal antitrust law by imposing the cap and that schools would offer more generous scholarships to attract players without it.

The NCAA sought dismissal, saying the claims are identical to those litigated in O’Bannon v. NCAA, in which the Ninth Circuit held in September 2015 that member schools need not compensate athletes above the cost of attendance.

Wilken agreed saying, “It was tried and it’s the law, if I were to rule as I think I probably will have to, an injunction couldn’t include payment higher than the cost of attendance untethered to educational expenses.”

Wilken asked the plaintiffs: “The question is, does that leave anything of your injunctive relief case? I tend to think it does, but not money untethered to the cost of attendance.”

Full Content: Courthouse News Service

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