TOLL FREE (844) 473-7376
  • Home
  • Services
    • Service - Speaker Bureau
    • Service - Public Relations
    • Service - Editorial House
  • Speakers
    • Brad Lindemann >
      • Lindemann-In Business For Life
      • Lindemann-Corporate Culture
    • Curt Smith >
      • Smith - Cancer Lessons: The Ultimate Answer is Faith
      • Smith - Credit Unions Going to Church?
      • Smith - Christian Education, Reflections from a Satisfied Customer
      • Smith - Deicide and RFRA of 2015
      • Smith - Be The Match, Marrow Donor Program
    • Christopher Mann
    • John Kessler
    • Michael Cork
    • Wesley Middleton
  • Contact
    • Subscribe
  • Calendar
  • News

Ninth Circuit Decides D-I NCAA Football and Basketball Players Can Be Paid

9/30/2015

0 Comments

 
By Michael Cork
Picture
View my profile on LinkedIn
book michael cork
more michael cork writing
Earlier today, the Ninth Circuit Court of Appeals ruled in a case originally brought by former UCLA basketball star, Ed O'Bannon, that the NCAA's ban on pay for Division I college football and basketball players violates the federal antitrust law known as the Sherman Act. O'Bannon filed suit in the federal district court for the Northern District of California after learning that Electronic Arts, Inc. was using his likeness in a video game.

That district court ruled that the NCAA's "amateurism" rules are an unlawful restraint of trade in violation of Section 1 of the Sherman Antitrust Act. The district court cleared the way for member schools to give student-athletes scholarships up to the full cost of attending their schools, and also up to $5,000 annually in deferred compensation, which would be held in trust after college.
The Ninth Circuit found the $5,000 payments "erroneous," but affirmed payment to D-I football and basketball players up to the cost of attending their schools, effectively granting full scholarships to those athletes. D-I schools already do this, but this ruling would make it a legal duty.
The NCAA has claimed amateur status for its college athletes for approximately 94 years, and has enforced strict rules against compensation for 67 years. It received a boost earlier this year, when the National Labor Relations Board ruled that it did not have jurisdiction over the Northwestern University football players' efforts to form a union and bargain for pay and benefits. (See my August 17, 2015 publication.)
​
The NCAA has a realistic chance of having the U.S. Supreme Court decide the matter, as the Ninth Circuit decision found that the high court has not previously decided college athletes are "amateurs." But the NCAA has relied upon a 1984 Supreme Court decision, NCAA v. Bd. of Regents of the Univ. of Okla., for the position that the NCAA "amateurism rules" are valid. So, the Ninth Circuit and the NCAA disagree about the interpretation of that case, and only the U.S. Supreme Court can finally decide the matter.

Read More
0 Comments

NY Federal Judge Overturns Brady Suspension-Obviously Not a Jets Fan

9/3/2015

0 Comments

 
By Michael Cork, Esq.
Picture
View my profile on LinkedIn
Book michael cork
more Michael cork writing
A New York federal district court judge overturned Tom Brady's four-game suspension for allegedly participating in the "Deflategate" fiasco. Brady will not be suspended at all and will start game one against the Steelers. 
​
In a 40-page decision, U.S. District Court Judge Richard M. Berman granted the NFL Players' Associations' motion to vacate the arbitration award and denied the NFL Management Council's motion to confirm that award. Judge Berman found that Commissioner Goodell denied the Players Association's request for documents related to witness interviews conducted as part of the "Wells investigation." Brady contended, and the court agreed, that he was denied the opportunity to effectively challenge conclusions of the Wells Report, but counsel for the Management Council, Paul, Weiss, did have access to those documents.

Read More
0 Comments

    Archives

    May 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    September 2015
    August 2015
    January 2015
    September 2014
    April 2014
    January 2014
    April 2013
    August 2012
    February 2009
    April 2008

    Categories

    All
    Christopher Mann
    FAQ
    News Brad Lindemann
    News Curt Smith
    News John Kessler
    News Mark Mellinger
    News Michael Cork
    News Wesley MIddleton
    News Wesley Middleton PODCAST
    News Wesley Middleton PODCAST
    Podcast
    Speaker Bureau

    RSS Feed

Home
Services Overview
Service: Speaker Bureau
Service: Editorial House
Service: Public Relations
Contact
News
Subscribe
​Careers
Photos used under Creative Commons from Gerry Dincher, jgh_photo, joncutrer, slgckgc, Fibonacci Blue
  • Home
  • Services
    • Service - Speaker Bureau
    • Service - Public Relations
    • Service - Editorial House
  • Speakers
    • Brad Lindemann >
      • Lindemann-In Business For Life
      • Lindemann-Corporate Culture
    • Curt Smith >
      • Smith - Cancer Lessons: The Ultimate Answer is Faith
      • Smith - Credit Unions Going to Church?
      • Smith - Christian Education, Reflections from a Satisfied Customer
      • Smith - Deicide and RFRA of 2015
      • Smith - Be The Match, Marrow Donor Program
    • Christopher Mann
    • John Kessler
    • Michael Cork
    • Wesley Middleton
  • Contact
    • Subscribe
  • Calendar
  • News