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NCAA continues to press its case in likeness lawsuit

The NCAA took another step this week to defend its longstanding principles of amateurism in the current O’Bannon case regarding student-athlete likeness.

The NCAA filed a brief in federal court Thursday reiterating its position that plaintiffs not be allowed to expand the lawsuit  to include current student-athletes and live broadcasts. 

The following statement from Donald Remy, NCAA Executive Vice President and General Counsel, provides further explanation:

“Our latest brief clearly demonstrates the papers plaintiffs filed on Nov. 1 effectively concede all of the points made in the NCAA motion to strike the plaintiff’s class certification brief. 

“Specifically, plaintiffs did not, because they could not, point to any places in their complaints where they set forth their new ‘pay-for-play’ theory.  In addition, they were not able to show in their complaints that they were suing over the distribution of live broadcast revenue. 

“Furthermore, the plaintiffs do not explain why their class certification motion now depends entirely on a liability theory they insisted they were not pursuing just a few months ago. 

“Their old theory was wrong on the facts, and their new theory is wrong on the law. The U.S. Supreme Court and numerous lower courts have determined that the NCAA's amateurism rules are fully consistent with the nation’s antitrust laws. 

“The NCAA is confident that the court will see through plaintiffs’ transparent attempt to conduct litigation by ambush, and grant our motion to strike.”