Thursday, October 31, 2013

Federal Judge Denies NCAA Motion to Dismiss O'Bannon lawsuit

Disclosure:  Chris Hellums and the firm of Pittman Dutton & Hellums represent Tyrone Prothro who is a named class representative in the O'Bannon lawsuit.

Federal Judge Claudia denied the NCAA's motion to dismiss the Federal Antitrust lawsuit brought by Ed O'Bannon, Tyrone Prothro, and others.  In her ruling, she held that the 1984 Supreme Court cited by the NCAA which, coincidentally they lost, did not apply.

In NCAA vs. The Board of Regents of The University of Oklahoma was the 1984 United States Supreme Court opinion which held that the NCAA's television limitations was a violation of Sherman and Clayton Antitrust Acts.  Prior to 1953, there was no prohibition on televising games. Pennsylvania, in fact, televised all of their games.  In 1953, the NCAA determined that there would only be one game per week, and no team could be on TV more than once per season.  The revenue would be shared by the teams playing on television and guess who, the NCAA.  In 1981, Oklahoma and Georgia sued.  The NCAA lost at both the trial level and at the United States Supreme Court.

Judge Wilken ruled that none of the NCAA's arguments provides for a dismissal of the case at this stage.

A link to the order issued by Judge Wilken is attached below.

Ed O'Bannon NCAA order.pdf