So as one might have guessed, the opinions in the Ohio (transfer portal) and Tennessee (pre-enrollment NIL negotiations) are going to loom large as important precedent here.
The bylaws at issue here, and Pavia's situation:
A bit of inside baseball on this one, but another court finds that the Sixth Circuit's formerly tentpole opinion in Bassett v. NCAA for antitrust discussion of NCAA compensation rules just isn't relevant anymore.
The big thing here was always going to be whether the NCAA could offer procompetitive justifications for the rule. The court is sayingthey could not, as there's no reason why former JUCO players are restricted when there are plenty of other ways a player's clock can be delayed.
The court also dismisses the NCAA's justification that they don't want to "crowd[] out" younger athletes, saying that transfers are not restricted in the same way (and that the market should decide).
Finally, the court also doesn't buy that the JUCO rule is needed to make sure athletes continue progress towards degrees, saying that various other rules -- including the transfer rule -- have been changed without such consideration.
And there's the Ohio precedent looming large -- the ability for athletes to earn NIL money from exposure as an athlete is an important change in the calculus of determining whether these rules violate antitrust law.
My initial impression: the injunction is limited to Pavia (because that's all he asked for), but the court leaves things wide open for other athletes and similar challenges. Almost none of the legal analysis is tailored towards Pavia specifically. It's centered around the NCAA.
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In advance of a Thursday motion hearing that will decide whether their case will get transfered in and consolidated with House/Carter, the plaintiffs in the Fontenot v. NCAA antitrust case in Colorado filed a very interesting "Notice of Subsequent Developments" this afternoon. 🧵
As one would expect, the notice is all about the widely reported settlement talks. The plaintiffs here state that while the NCAA argues the claims in Fontenot will be decided in the accompanying Carter case, the settlement it'll be likely that case isn't decided on the merits.
BREAKING: Last month, a federal district court in PA denied a group of schools' motion to dismiss a claim by college athletes that they are employees of their attended schools under federal wage and hour law.
Today, the court denied a motion to dismiss by the *NCAA* as well. 🧵
The plaintiffs in this case had argued that the NCAA -- as well as a group of non-attended schools in the jurisdiction -- function as joint employers with the attended school.
The court largely granted the motion to dismiss by the schools but denied the NCAA's motion to dismiss.
Here is the thread on the original decision regarding the "attended" schools (including Villanova, though as a correction, it ended up not just being Villanova and not just being football).
BREAKING: Eastern District of Pennsylvania denies motion to dismiss minimum wage/overtime lawsuit filed by Villanova football players. More to come.
Alston has affected intercollegiate sports law in a BIG way.
I'm reading this super quickly because I have to run to teach in a few minutes (will come back in more detail later), but the court is throwing out more nebulous discussions of college athlete employment and applying the internship test from Glatt. And...