Monday, January 26, 2015
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

NCAA’s strongest argument might be cap limit

By
August 20, 2014 |

INDIANAPOLIS — The NCAA’s best argument against the Ed O’Bannon ruling may be the financial limits imposed by U.S. District Judge Claudia Wilken — the same ones the NCAA lauded in her decision.

Less than two weeks after the court decision opened the door for college athletes to receive a small portion of the millions of dollars they help generate, several attorneys told The Associated Press they believe the NCAA should now attack that cap. Wilken ruled Aug. 8 that the NCAA violated antitrust law by restricting schools from providing money beyond current scholarship limits to athletes.

She said schools should be allowed to put up to $5,000 per year of competition into a trust fund for football players and men’s basketball players, money that could be collected once they are finished with school.

Legal experts question how she reached that number and wonder whether it will hold up on appeal.

“The cap is inconsistent with a judicial decision that the restraint (of trade) is unreasonable,” said Robert McTamaney, an antitrust lawyer with the firm of Carter, Ledyard & Milburn. “If the restraint is unreasonable out it goes, there’s no partial remedy under the Sherman Act and, frankly, judges aren’t supposed to construct one. Either it’s good or it’s not.”

Within an hour of the ruling, NCAA chief legal officer Donald Remy issued a statement noting that the governing body disagreed with the ruling but supported the cap. The NCAA, which faces a Wednesday deadline to appeal the decision, declined to comment Monday.

Wilken said she set the $5,000 annual threshold to balance the NCAA’s fears about huge payments to players.

“The number is immaterial, it’s the concept,” said Jim Ryan, an attorney at Cullen and Dykman. “It does seem rather arbitrary. Why isn’t it $3,000 or $10,000? She pulled the $5,000 somewhat out of the air, so it could be $3,000, it could be $10,000, what’s a few thousand?”

In October 2011, the NCAA Board of Directors approved a $2,000 annual stipend for athletes, legislation that was shelved when more than 125 schools signed on to an override measure. The five richest conferences are attempting to bring back the stipend now that they have been given autonomy over some of the trickiest issues in college sports.

McTamaney believes if the stipend were already in place and Wilken applied the same logic to the O’Bannon case, the NCAA might have already won in court.

Instead, the NCAA is headed back to a playing field where it has traditionally been successful.

According to a study released last month by Illinois professor Michael LeRoy, athletes suing the NCAA won 49 percent of the initial cases but the NCAA won 71 percent of the appeal in the second and third rounds.

This time, the governing body’s lawyers face a vastly different obstacle. The appeal, promised by NCAA President Mark Emmert, will be heard by the 9th U.S. Circuit Court, a venue that has a reputation for siding with labor. Remy has repeatedly said the NCAA will take this case to the U.S. Supreme Court if necessary.

If the ruling stands, some worry it could ruin non-revenue sports and others believe the NCAA could face additional litigation from female athletes who could argue they are not being compensated equally in violation of Title IX laws.

Still, NCAA critics contend Wilken’s decision didn’t go far enough in compensating players for the merchandise and video games that have produced millions in revenue for the NCAA and its members but not for the athletes themselves. Joseph Farelli, an attorney with Pitta & Giblin who specializes in labor law, argues there should be no cap at all. He’s not alone.

“I think how the court framed its injunction, exposed itself to some vulnerability,” said Jeffrey Shinder, managing partner of Constantine Cannon and a self-described NCAA critic who declined to go into specifics because he didn’t want to give the NCAA any advice.

Even NCAA supporters understand the rationale that if antitrust laws were broken, the players’ options should not be limited.

But they’re urging the NCAA attorneys to question Wilken’s reasoning in setting the cap and continue to argue that college sports will be damaged if players are paid.

“I think the key to this case is whether these restraints are reasonable or not. I personally think that they are,” McTamaney said. “If the athletes turn out to be compensated for their performances, the fan perception and alumni perception, I think, would be dramatically different. I think their support of the schools would decline significantly. And all of that sort of comes full circle, because if the restraints are substantial to keeping the fiction of the student-athlete, then they are reasonable.”

 

The Associated Press

The Associated Press

LEAVE A COMMENT

Discussion | No comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

.

Solano News

Teen finds entrepreneurial path at young age

By Susan Winlow | From Page: A1 | Gallery

 
Gunfire exchange on Orange Drive sends 1 to hospital

By Amy Maginnis-Honey | From Page: A1

Time for Relay for Life kickoff event

By Tony Wade | From Page: A2

 
Suisun Senior Center offers monthly dance

By Susan Hiland | From Page: A3

 
Hispanic chamber to host immigration workshop

By Susan Hiland | From Page: A3

 
Wedding Faire offers one-stop browsing for couples

By Amy Maginnis-Honey | From Page: A3 | Gallery

Crab feed tradition continues this week

By Susan Hiland | From Page: A3

 
Local government agencies post meeting times

By Susan Hiland | From Page: A3

Fairfield schedules workshop on downtown plan

By Susan Hiland | From Page: A3

 
.

US / World

Fight over taxes looms between Democrats, Gov. Jerry Brown

By The Associated Press | From Page: A1

 
Millions of GMO insects could be released in Florida Keys

By The Associated Press | From Page: A1

US gas prices fell 13 cents per gallon, but expected to rise

By The Associated Press | From Page: A4

 
2 Marines identified in deadly California helicopter crash

By The Associated Press | From Page: A4

Santa Ana winds knock out power to thousands in California

By The Associated Press | From Page: A4

 
Boy shot by Los Angeles deputies treated for graze wound

By The Associated Press | From Page: A4

Obama to seek wilderness designation for Alaska refuge

By The Associated Press | From Page: A5

 
Navy wants to increase use of sonar-emitting buoys

By The Associated Press | From Page: A5

Boko Haram attacks northeastern Nigerian city, scores killed

By The Associated Press | From Page: A5

 
Ukraine: Phone calls prove rebels attacked city, killed 30

By The Associated Press | From Page: A5

Zambia: Edgar Lungu sworn in as new president

By The Associated Press | From Page: A5

 
Greek radical left wins election, threatening market turmoil

By The Associated Press | From Page: A5

‘Potentially historic’ storm headed for Northeast

By The Associated Press | From Page: A5

 
Balloon crew launches in bid to break 2 major records

By The Associated Press | From Page: A5

Obama: Counterterrorism operations in Yemen not affected

By The Associated Press | From Page: A5

 
Zoo offers creepy way for lovelorn to get even with exes

By The Associated Press | From Page: A9

 
.

Opinion

Democracy or republic?

By Earl Heal | From Page: A8

 
A return to near normal in American politics?

By Jack Batson | From Page: A8

Editorial Cartoon: Jan. 26, 2015

By Daily Republic Syndicated Content | From Page: A8

 
Do elected officials get it?

By Letter to the Editor | From Page: A8

 
.

Living

Community Calendar: Jan. 26, 2015

By Susan Hiland | From Page: A2

 
Today in History: Jan. 26, 2015

By The Associated Press | From Page: A2

Horoscope Jan. 27, 2015

By Holiday Mathis | From Page: B5

 
Randall: Blind brother has always seen what mattered

By Sharon Randall | From Page: B5

My sister is jobless and homeless and I’m not sure how to help

By Kathy Mitchell and Marcy Sugar | From Page: A7

 
Horoscope Jan. 26, 2015

By Holiday Mathis | From Page: A7

.

Entertainment

TVGrid Jan 26

By Daily Republic Syndicated Content | From Page: B6

 
TVGrid Jan 27

By Daily Republic Syndicated Content | From Page: B7

 
Miss Colombia crowned Miss Universe in Miami

By The Associated Press | From Page: B7

‘Birdman’ tops SAG Awards, Redmayne upsets Keaton

By The Associated Press | From Page: B7

 
Complete list of winners at 21st annual SAG Awards

By The Associated Press | From Page: B7

.

Sports

Curry leads Warriors to 19th straight home win

By The Associated Press | From Page: B1

 
The Week Ahead: Plenty of action close to home

By Paul Farmer | From Page: B1

Serena Williams to meet Cibulkova in Aussie Open quarters

By The Associated Press | From Page: B1

 
Watt gets 2 turnovers, dances in friendly Pro Bowl

By The Associated Press | From Page: B1

Tavares scores 4, Team Toews outscores Team Foligno, 17-12

By The Associated Press | From Page: B1

 
Chip Ganassi Racing’s ‘star car’ wins Rolex 24 at Daytona

By The Associated Press | From Page: B2

AP Explains: What makes the Super Bowl such a big deal

By The Associated Press | From Page: B2

 
Patriots’ Browner gets a 2nd chance at a Super Bowl ring

By The Associated Press | From Page: B2

Family attorney: Cubs great Ernie Banks died of heart attack

By The Associated Press | From Page: B2

 
Bill Haas pulls away to win Humana Challenge

By The Associated Press | From Page: B2

Jeff Gordon to be Fox guest analyst during XFINITY season

By The Associated Press | From Page: B2

 
Sherman doubts any punishment ahead for Patriots

By The Associated Press | From Page: B2

 
AP Source: Browns WR Josh Gordon fails another drug test

By The Associated Press | From Page: B2

AP Interview: Selig says MLB could expand internationally

By The Associated Press | From Page: B2

 
Coach K gets 1,000th win as No. 5 Duke tops St. John’s 77-68

By The Associated Press | From Page: B2

Quinn has led Seattle to record-setting defense

By The Associated Press | From Page: B2

 
.

Business

.

Obituaries

Thomas Clark

By Nancy Green | From Page: A4

 
Don Johnson

By Nancy Green | From Page: A4, 3 Comments

.

Comics

Sally Forth Jan 27

By Daily Republic Syndicated Content | From Page: B4

 
Baldo Jan 27

By Daily Republic Syndicated Content | From Page: B4

Wizard of Id Jan 27

By Daily Republic Syndicated Content | From Page: B4

 
Rose is Rose Jan 27

By Daily Republic Syndicated Content | From Page: B4

Frank and Ernest Jan 27

By Daily Republic Syndicated Content | From Page: B4

 
Beetle Bailey Jan 27

By Daily Republic Syndicated Content | From Page: B4

Blondie Jan 27

By Daily Republic Syndicated Content | From Page: B4

 
Get Fuzzy Jan 27

By Daily Republic Syndicated Content | From Page: B4

Zits Jan 27

By Daily Republic Syndicated Content | From Page: B4

 
B.C. Jan 27

By Daily Republic Syndicated Content | From Page: B4

Peanuts Jan 27

By Daily Republic Syndicated Content | From Page: B4

 
For Better or Worse Jan 27

By Daily Republic Syndicated Content | From Page: B4

Dilbert Jan 27

By Daily Republic Syndicated Content | From Page: B4

 
Garfield Jan 27

By Daily Republic Syndicated Content | From Page: B4

Baby Blues Jan 27

By Daily Republic Syndicated Content | From Page: B4

 
Pickles Jan 27

By Daily Republic Syndicated Content | From Page: B4

Sudoku Jan 27

By Daily Republic Syndicated Content | From Page: B5

 
Cryptoquote Jan 27

By Daily Republic Syndicated Content | From Page: B5

Bridge Jan 27

By Daily Republic Syndicated Content | From Page: B5

 
Crossword Jan 27

By Daily Republic Syndicated Content | From Page: B5

Word Sleuth Jan 27

By Daily Republic Syndicated Content | From Page: B5

 
Baby Blues Jan 26

By Daily Republic Syndicated Content | From Page: A6

Rose is Rose Jan 26

By Daily Republic Syndicated Content | From Page: A6

 
Sally Forth Jan 26

By Daily Republic Syndicated Content | From Page: A6

Dilbert Jan 26

By Daily Republic Syndicated Content | From Page: A6

 
Zits Jan 26

By Daily Republic Syndicated Content | From Page: A6

Wizard of Id Jan 26

By Daily Republic Syndicated Content | From Page: A6

 
Get Fuzzy Jan 26

By Daily Republic Syndicated Content | From Page: A6

Beetle Bailey Jan 26

By Daily Republic Syndicated Content | From Page: A6

 
Pickles Jan 26

By Daily Republic Syndicated Content | From Page: A6

Garfield Jan 26

By Daily Republic Syndicated Content | From Page: A6

 
B.C. Jan 26

By Daily Republic Syndicated Content | From Page: A6

For Better or Worse Jan 26

By Daily Republic Syndicated Content | From Page: A6

 
Peanuts Jan 26

By Daily Republic Syndicated Content | From Page: A6

Frank and Ernest Jan 26

By Daily Republic Syndicated Content | From Page: A6

 
Blondie Jan 26

By Daily Republic Syndicated Content | From Page: A6

Baldo Jan 26

By Daily Republic Syndicated Content | From Page: A6

 
Word Sleuth Jan 26

By Daily Republic Syndicated Content | From Page: A7

Crossword Jan 26

By Daily Republic Syndicated Content | From Page: A7

 
Sudoku Jan 26

By Daily Republic Syndicated Content | From Page: A7

Cryptoquote Jan 26

By Daily Republic Syndicated Content | From Page: A7

 
Bridge Jan 26

By Daily Republic Syndicated Content | From Page: A7