NCAA may attempt to recover legal fees if it wins ‘O’Bannon’ lawsuit


While the case has slipped off the radar for the average college sports fan, the lawsuit filed by Ed O’Bannon and other former college athletes over the use of their likenesses after their careers have ended is still active and has the potential to have a major impact on collegiate athletics depending on the outcome.

The NCAA is one of three defendants (Electronic Arts and Collegiate Licensing Co. being the others) in the case, and according to Steve Berkowitz of USA Today the NCAA may look to recover legal fees from the plaintiffs if they win the case.

Given the scope of the lawsuit, legal fees for both sides will be well into seven figures by the time the trial actually begins next June.

On Friday the co-defendants filed a request to have the case schedule reset in a fashion that according to Berkowitz’s report could push the start date back three months.

The NCAA’s lawyers have said in numerous court filings that the plaintiffs — whose lead attorneys are from the firm Hausfeld LLP’s offices in Washington, D.C. — have made improper and unfair changes in their legal strategy. The NCAA’s lawyers have said those changes have forced it and the association to spend considerably more time – and, by extension, the association’s money and human resources — on the case than they otherwise would have.

Obviously this case is a long way from being resolved, and given what’s on the line there may not be a final answer for quite some time given the case itself and also the possibilities regarding appeals after a verdict is rendered.

With the waiver that athletes are required to sign in regards to the use of their likeness before being allowed to play a game, the NCAA and its partners currently are allowed to use those images however they wish (and in perpetuity as well). That’s just one of the items that the plaintiffs are fighting in court.

If the plaintiffs win this suit, the end result would be changes that would have an impact unmatched by any prior events in the history of collegiate athletics.

Raphielle can be followed on Twitter at @raphiellej.

Coach Hamilton likes mix on Florida State basketball roster

ACC Basketball Tournament: Florida State v North Carolina
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TALLAHASSEE, Fla. (AP) Florida State is the only team in the Atlantic Coast Conference that returns all five of its starters from last season.

For most teams that would be cause for celebration. For coach Leonard Hamilton it means he is hoping the struggles of the past two seasons have been valuable experience.

The Seminoles had their first practice on Wednesday as they are looking to bounce back from a season in which they went 17-16 and didn’t play in a postseason tournament for the first time in 10 years.

“We have five starters returning from a team that won 17 games. We have guys that have been around, who know their shortcomings and can pass on their wisdom to the younger players,” Hamilton said.

With an experienced roster and a highly regarded recruiting class, Hamilton is hoping to lead the Seminoles back to the NCAA Tournament for the first time since 2012, which is also the year they won the ACC Tournament.

Jarquez Smith, the leading returning scorer from last season, said the open gyms before the start of practice have been extremely competitive as the incoming recruiting class has tried to assert itself early.

“We’ve been going at each other’s neck and it has gotten very competitive,” Smith said. “Everyone is fighting for their position because the guys coming off the bench are just as athletic as who is on the court.”

The newcomers feature Dwayne Bacon (a McDonald’s All-American selection), Terance Mann (the Gatorade Player of the Year in New Hampshire) and Malik Beasley (the Georgia 1A Player of the Year). There’s also Chris Koumadje, who at 7-foot-4 will be the tallest player in school history, and Benji Bell, who helped lead Northwest Florida State to the JUCO National Title.

“This is a very confident and focused group of inexperienced players,” Hamilton said. “They want to make something special happen but aren’t taking anything for granted.”

Two things that Hamilton will look to work on during preseason practices is defense and figuring out his rotation. The Seminoles suffered from a lack of depth last season but this year he could have a roster that goes 10 deep and allows him to go to more of a full-court pressing style of defense.

Xavier Rahan-Mayes led the team in scoring last season, averaging 14.9 points en route to becoming the first freshman in ACC history to score 30 or more points three times. The one thing he said he noticed in preseason practices were that everyone played off each other’s strengths.

Florida State’s first exhibition game is Nov. 2 against Lynn University before opening the season on Nov. 15 against Nicholls State.

“I think we have a pretty good combination of experience and an influx of new players. Any time you have that type of scenario you appreciate it,” Hamilton said. “It looks like we have it moving in the right direction. We’ve had a good offseason and regrouped.”

Louisville president issues statement supporting AD Tom Jurich

James Ramsay Tom Jurich
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With it being reported earlier Wednesday that one-time Louisville commit JaQuan Lyle “confirmed the gist” of what was written about him in the new book “Breaking Cardinal Rules,” things have gotten even more serious for Rick Pitino’s program than anticipated when allegations of former staffer Andre McGee procuring prostitutes for players and recruits began to surface on Friday.

On Friday both Pitino and athletic director Tom Jurich stated that they had no knowledge of the activities alleged by Katina Powell taking place (Powell stated that Pitino did know). But even if this is true, in the case of Pitino having NCAA rules violations occur while in charge of a program can lead to penalties even if there is no knowledge of wrongdoing.

Wednesday afternoon Louisville president James Ramsey issued a three-paragraph statement on the current investigation of the basketball program. But while he was clear in stating his support for Jurich during this period, no such statement was made when it came to Pitino. Below is the full statement.

“As was stated last week, when we learned of the allegations toward our men’s basketball team, we immediately hired Chuck Smrt of the Compliance Group to undertake a complete and thorough investigation of the alleged misconduct. Chuck advised us that we should also report these allegations to the NCAA so they could join our investigation.

“For the past 18 years, Tom Jurich has served as athletic director of an exemplary program at UofL. I fully support Tom as we work to identify the facts in this situation, and that is what we are doing. Tom and I are committed to the values that are fundamental to the success of Cardinal athletics.

“As I stated in the recent State of the University address, it is important that the university — all of us — stay focused on our day-to-day work of providing our outstanding students with a world-class education. The investigation of the allegations may take time and we must, as one university, continue doing the work we do to move our university and our community forward.”

Jurich has accomplished a great deal while serving as the school’s athletic director, and his work across all sports is arguably the biggest reason why Louisville finds itself in the ACC today. While showing confidence in his athletic director, Ramsey also appears to distance higher ups from what is alleged to have happened within the basketball program should the NCAA find enough evidence to levy sanctions.

Could that ultimately lead to the school parting ways with its head coach? It’s far too early to answer that question, but this statement gives Louisville some room to do so should the deem that to be the best course of action.

h/t CBS Sports