This week is a very important week for Ed O’Bannon’s case against the NCAA


Ever since Ed O’Bannon first filed a lawsuit against the NCAA over the use of his likeness in a video game back in 2009, there has been scuttlebutt that the outcome of said lawsuit could end up playing a major role in the way that college athletics operates at the highest level in the near future.

(For those that haven’t been paying attention, you can get some terrific background insight into the lawsuit from Brad Wolverton’s story in The Chronicle here. You might also want to give J. Brady McCollough’s feature on Sonny Vaccaro, the former shoe peddler turned amateur athlete advocate, who, along with O’Bannon, is the inspiration behind the case.)

This week may be the most important week for the case, as U.S. District Judge Claudia Wilken will hear arguments regarding whether or not the case can be certified as a class action lawsuit on Thursday in Oakland. If the case were to be certified to include current athletes, it would mean that “the NCAA would be liable for claims brought not just by the plaintiffs but also by all former athletes,” Bloomberg’s Jonathan Mahler wrote back in May. “Anyone who has ever played a Division I college sport would instantly be suing for damages for every instance in which his or her image was used in a video game, highlight reel, broadcast or rebroadcast.”

That could spell out disaster for the NCAA, who has a 14-year contract worth more than $10 billion with CBS and Turner to broadcast the NCAA tournament and whose member conferences annually cut $20 million checks to each member school for their TV contracts.

With that much money being tossed around, it’s a logical leap that the O’Bannon case could end up changing the NCAA’s entire business model, right?

Well, maybe we need to pump the brakes here just a bit. From a blog that Wolverton published accompanying the story linked above:

Gary R. Roberts, dean of Indiana University’s Robert H. McKinney School of Law, went further, describing some of the predictions as a “preposterous stretch of the intellectual-property laws.”

“I don’t see why, if the NCAA is infringing on former players’ publicity rights in the production of video games, that would lead to a remedy of current players receiving TV rights,” he said. “There are people who want that to happen so much that they’ve convinced themselves it’s right. But I don’t think there’s any court that will jump that legal chasm.”

Other legal scholars, whose voices didn’t make it in my article, agreed.

“Maybe in five years O’Bannon will cause the entire NCAA infrastructure to come unglued, but I doubt it,” said Gene Marsh, a retired professor of law at the University of Alabama at Tuscaloosa who represents colleges in NCAA disputes. “The thing about sports litigation—and particularly anything related to the NCAA—is that you get this wave of wishful thinking and emotion, and then someone comes along and actually applies the law, and that takes the air out of the balloon.”

In simpler terms, we’ve all gotten so excited about the fact that someone is actually stepping up to the plate and challenging the NCAA that we’ve forgotten all the legalistic red-tape the case needs to wind its way through.

And just because there’s a movement of people that are emotional and passionate about changing the basis of the NCAA doesn’t mean a federal judge who has been trained to filter out emotion and passion and focus on the letter of the law is going to agree.

You can find Rob on twitter @RobDauster.

VIDEOS: Villanova team bus stuck on icy roads trying to leave campus

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Villanova’s road to the Sweet 16 hit its roughest patch yet on Wednesday as the team attempted to leave campus for the team’s flight to Boston.

Since the Philadelphia area has been slammed with a snowstorm, the Wildcat team bus had issues leaving to get to the team’s chartered flight.

A struggle between team bus and ice ensued. The bus was delayed by 30 minutes before finally being able to leave.

Villanova continues its NCAA tournament journey on Friday when the No. 1 seed Wildcats play No. 5 seed West Virginia in Boston.

Wake Forest guard Keyshawn Woods to transfer or go pro after graduation

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Wake Forest will be down a key player next season as the school announced that guard Keyshawn Woods will either transfer or go pro after graduation.

The 6-foot-3 Woods was the team’s second-leading scorer this season as he put up 11.9 points, 2.5 rebounds and 1.9 assists per game. Woods shot 43 percent from the floor and 37 percent from three-point range for the 2017-18 campaign.

Also a key member of last season’s NCAA tournament team for the Demon Deacons, Woods transferred to Wake Forest after spending his first season at Charlotte.

“I appreciate the opportunity that Coach Manning gave me to be a part of this program and to graduate from this great university,” said Woods in the release. “I am proud that I was able to help the coaches change the culture of the program and build a foundation for the future.”

The loss of Woods won’t be easy for Wake Forest, but the team is scheduled to return some talented guards like Bryant Crawford and Brandon Childress next season. Incoming freshmen like Jaime Lewis and Sharone Wright Jr. are also signed to add to the perimeter depth.

David Padgett not retained as Louisville coach

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Louisville announced on Wednesday afternoon that interim head coach David Padgett would not be retained.

Padgett, who is 32 years old, stepped in and took the program over in the wake of a scandal that cost Hall of Fame head coach Rick Pitino his job.

“We all owe a great debt of gratitude to David for his leadership and poise this season,” said U of L Interim Director of Athletics Vince Tyra. “He took over during incredible circumstances, has handled himself respectfully throughout the season and I believe he has a bright future in coaching. We expect to determine a new head coach in a short period to build upon the great basketball tradition of this university.”

Pitino was fired because an FBI complaint contained an allegation that he and his staff had arranged for a $100,000 payment to be funneled to Brian Bowen from Adidas.

In his one season with the Cardinals, Padgett went 22-14 and reached the quarterfinals of the NIT.

Louisville will now conduct a search for their next head coach, and current Xavier coach Chris Mack has long been considered the favorite to take that job.

Kansas State’s injured star hoping to play Thursday

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One of the most surprising parts about Kansas State’s run to the Sweet 16 is that they have done it without the services of their leading scorer, Dean Wade.

Wade injured his foot prior to the Big 12 tournament loss to Kansas. He did not play in that game or in either of Kansas State’s first two tournament games, but it is looking more and more like he’ll be on the floor on Thursday night when they play Kentucky.

“I don’t play percentages very well, but I’m feeling good,” Wade said, via SEC Country. “I’m very positive about it. It’s getting better every day and today I felt great out there, doing a little more than usual. It felt good.”

Wade averaged 16.5 points per game, but the big question is going to be whether or not he is actually healthy when he takes the court. Just because he’s on the floor doesn’t mean he’s at 100 percent.

“Really just trying to get it out of my mind that it’s not hurt,” Wade said. “Just more of a mental thing, just getting out there and running around. I think I got moved past that and it’s feeling better.”

Arizona’s Sean Miller: ‘I am not a candidate’ at Pitt

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With speculation mounting about who Pitt will hire to replace Kevin Stallings as their new head coach, current Arizona head coach Sean Miller released a statement saying that he is not in the running to fill the opening.

“I am not a candidate for the University of Pittsburgh men’s basketball head coaching vacancy. I wish them well in their search for a new coach,” the statement read.

Miller is a native of Pittsburgh and an alumni of the school — he’s the guy that had the assist on Jerome Lane’s famous dunk — and with the issues that are currently swirling around him and the Arizona program, there was speculation that he was looking for an escape plan.

Maybe he wasn’t.

Maybe he was and the Pitt administration decided they couldn’t risk hiring someone who had an assistant coach arrested in the FBI’s sweep of college basketball and who himself may be on wiretaps talking about who knows what. Releasing this statement would then be a way for him to save face and say he was never interested.

And then maybe there’s option No. 3: Pitt has won the Dan Hurley sweepstakes.

As it stands, both the Panthers and UConn are in the process of chasing after the Rhode Island head coach, and it’s not uncommon in coaching searches for a coach to announce that he is not a candidate for the job after the job decides they want someone else. Call it a professional courtesy.

But that’s neither here nor there.

What we do know now is that Sean Miller will not be the next head coach at Pitt.