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Judge Permits Historic Case Against the NCAA to Proceed as a Class Action
Washington, DC (November 8, 2013) - Hausfeld LLP announces that the court overseeing the O'Bannon case against the NCAA has certified a class of current and former student-athletes for purposes of seeking injunctive relief. This means that current and former student-athletes can challenge the NCAA's rules and policies forbidding compensation to athletes for the use of their names, images, and likenesses as a group. While the court granted certification of the injunctive relief class, it denied certification of the damages class, meaning that the court will not permit athletes to seek payment for past use of the names, images and likenesses as a group.
Lead attorney Michael Hausfeld said, "The court's decision is a victory for all current and former student-athletes who are seeking compensation on a going forward basis. While we are disappointed that the court did not permit the athletes to seek past damages as a group, we are nevertheless hopeful that the court's decision will cause the NCAA to reconsider its business practices." "There is a growing public recognition that the NCAA's business practices are unfair and must be changed. The court's ruling is a giant leap in the effort to end these unfair practices," added Hausfeld LLP partner Hilary Scherrer.
The complaint alleges a conspiracy by the NCAA and its business partners, such as videogame manufacturer EA and licensing agent CLC, to license and sell the names, images, and likenesses of current and former student-athletes without compensation to those student-athletes, under the guise of "amateurism." The defendants and their co-conspirators have collectively reaped billions of dollars in revenue from the license and sale of game footage, video games, photographs, apparel, trading cards, and other memorabilia containing the names, images, and likenesses of current and former student-athletes without paying a cent to those whose names, images, and likenesses were used.
Hausfeld LLP attorneys working on the case are: Michael Hausfeld, Michael Lehman, Hilary Scherrer, Sathya Gosselin, and Bruce Wecker.
All press inquiries and interview requests should be directed to Candice Elder at 415-744-1952.
» Order re Class Certification