Mark Emmert

NCAA requests that O’Bannon lawsuit be delayed 15 months

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This summer hasn’t been an especially kind one to the NCAA in the court of public opinion, especially when it comes to the way in which current (and former players) are used by the organization.

A look into the Johnny Manziel case resulted in the discovery that the NCAA’s official online store did link individual players to their jerseys via the site’s search option. This option would later be disabled, and NCAA president Mark Emmert announced during a teleconference that the site would no longer sell player jerseys. And there was also the decision in another court to allow the lawsuit

With more people voicing their displeasure with the current system, there have been questions as to what impact the lawsuit filed by former Arizona State and Nebraska quarterback Sam Keller against the NCAA and EA Sports would have on the current climate.

In late July the defendants’ claim that their use of player likenesses was protected by the First Amendment was denied by a circuit court of appeals, allowing the case that’s essentially been consolidated into the O’Bannon suit to proceed.

With the hits they’ve taken in the courtroom, it’s understandable if the defendants in the O’Bannon lawsuit (the NCAA, EA Sports and Collegiate Licensing Company) felt the need to essentially “lick their wounds” and take some time to regroup. On Monday the NCAA requested that the trial, which currently has a start date of June 9, 2014, be delayed until August 28, 2015. The other two defendants requested that the start of the trial be delayed five months.

The plaintiffs issued a written request to U.S. Distirct Judge Claudia Wilken that she not push the start date back, thus giving her another matter to consider while also needing to rule as to whether or not the case will receive class-action certification.

Steve Berkowitz of USA Today provided a summary of the other matters on Judge Wilken’s plate regarding the O’Bannon suit:

An amended version of the complaint that added current college athletes to the list of named plaintiffs.

Motions that each of the defendants filed in response to amended version of the complaint. The NCAA and EA want the opportunity to seek their dismissal from the case before Wilken rules on class certification – and the NCAA wants the opportunity to conduct an extensive round of evidence gathering in conjunction with its presumptive bid for dismissal. CLC wants all but one of the current-athlete plaintiffs removed from the case and it wants the scope of the plaintiffs’ case to be reduced.

The parties’ inability to agree on a case schedule, which Wilken had asked them on Aug. 8 to negotiate and then file with her on Monday. Instead of an agreed-upon schedule, she got a 16-page joint statement that said early on: “The parties have not been able to reach any agreements on any of the topics discussed.”

In recent weeks there have been more than a few hypotheses as to what would happen to collegiate athletics should  the plaintiffs win. However based on the many moving parts, it seems as if any changes to the current model won’t be happening for quite some time.

Colorado’s Tory Miller reprimanded by Pac-12 after biting opponent

Dusan Ristic, Tory Miller
AP Photo
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Colorado sophomore forward Tory Miller has been reprimanded by the Pac-12 and he also apologized for biting Air Force’s Hayden Graham earlier this week.

During Colorado’s win over Air Force on Wednesday, Miller was assessed a Flagrant 2 Dead Ball Technical Foul and ejected with 12:25 left in the second half after biting Graham during a loose ball.

In a release from the Pac-12, they announced reprimanding Miller, but he will not be suspended.

“All of our student-athletes must adhere to the Pac-12’s Standards of Conduct and Sportsman-ship,” Pac-12 Commissioner Larry Scott said in the release. “Regardless of Mr. Miller’s frustration and emotion, such behavior is unacceptable and he is being appropriately reprimanded.”

Miller also released his apology in the same release.

“I would like to apologize for my actions during the Air Force game. I would like to apologize to Hayden Graham, Air Force, my teammates and fans. It was a heat of the moment thing. I’m an emotional player, but I let my emotions get the best of me. I will use this as a learning experience and focus on helping my teammates and respecting my opponents for the rest of the season and beyond,” Miller said.

For Miller to not be suspended for this is good news for him and Colorado since he won’t miss any additional action, but did the Pac-12 make the right decision on this?


Michigan State’s Tum Tum Nairn battling foot injury

Lourawls Nairn Jr.
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Michigan State has climbed on the back of star senior wing Denzel Valentine early in the season but they’ll undoubtedly need more help as the season goes on if they want to sustain their current top-5 ranking. One of the keys to the Spartans could be the on-going health of sophomore point guard Lourawls ‘Tum Tum’ Nairn, who is battling a foot injury.

According to a report from Kyle Austin of, Nairn has been putting on a protective boot the last few months to help battle plantar fasciitis as the guard has been playing in practices and hasn’t had his minutes reduced in games.

The injury looked like it was hurting Nairn’s early-season play, but he’s been very good in two games at the Wooden Legacy in California this week, so it could be that he’s getting more used to playing through the pain of the injury.

If Nairn is healthy and capable of contributing, he’s a huge boost to Michigan State because he’s one of the fastest players in college basketball and an additional ball handler on the floor. Through six games so far this season, Nairn is averaging 5.3 points and 4.7 assists per game as he’s been one of the team’s best distributors.

Plantar fasciitis can be a tough injury to fight through, so we’ll have to see if this affects Nairn as the season goes along.