The NCAA did not wait long to try and correct the record and defray the pain of last week’s legal decision in the Ed O’Bannon case. The ruling prohibited the NCAA from enforcing any limitation on sharing limited revenues generated by the use of a player’s name or likeness. The athlete will not receive the funds while a student, but instead the money is to be put in trust until graduation or the student leaves the institution.
Today the NCAA chose to attack the ruling by targeting the wording of the injunction concurrently issued by the court. The papers filed at 3:30 AM this morning request that the District Judge clarify that the injunction does not affect any student athlete who enrolls in school prior to July 1, 2016. While the decision indicates that there will not be a stay issued while the appeal is pending, the ruling does not affect current student athletes. The NCAA does not believe the injunction clearly sets out that limitation and has asked the Judge to clarify. This may be a first step toward delaying enforcement until the case can be reviewed by an appellate court. The NCAA clearly believes that a three person appellate panel will be more sympathetic to their cause.
The response from O’Bannon’s attorney was prompt and frank: “The NCAA has a right to appeal, but there comes a time when any rational person has to come to the conclusion that it’s time to cut your losses and be accountable for your wrongs,” said Michael Hausfeld, the plaintiffs’ lead attorney. Mark Emmert, the current president of the NCAA explained there were some parts of the decision that they disagreed with so strongly that they could not let it go unchallenged. For more details see: http://www.usatoday.com/story/sports/ncaaf/2014/08/10/ed-obannon-ncaa-appeal-court-ruling-images-likenesses/13860823/