The only way the NCAA will end its involvement in the Ed O'Bannon class-action antitrust lawsuit would be through a settlement because the case is going to trial.
According to ESPN, U.S. District Court Judge Claudia Wilken ruled in Oakland, Calif. Thursday that the suit would go to trial. The NCAA had previously filed for the suit to be dismissed in Dec., arguing the plaintiffs' claims did not show any violations of antitrust laws.
Michael Hausfeld, the O'Bannon plaintiffs' lead attorney, said going to trial is a small victory for them.
"It was not a good day for the NCAA and it was a very significant day for us," he told AL.com. "She questioned the whole concept of amateurism from automatic immunity for everything they do. She questioned whether competitive balance and the integration of athletics and academics are procompetitive justifications."
O'Bannon, a former basketball star at UCLA, started his lawsuit when he noticed himself in an NCAA basketball video game made by EA Sports. He noticed his name, image and likeness were being used without his consent and he had also not been compensated for it. The video game company and Collegiate Licensing Company were both initially named in the lawsuit but settled out of it in Sept.
Wilken ruled Thursday after questioning both sides for two hours that the case would go to trial as scheduled on June 9. The federal judge denied the NCAA's dismissal case because "the whole case is not going away on summary judgment."
The O'Bannon plaintiffs are now in a position to change the landscape of major college sports, one that is already being shifted. They can now win in trial, lose, or work out a deal with the NCAA that helps both sides.
"I think the (O'Bannon plaintiffs') claim with regard to the restraints has broader implications for an overall resolution if one is seriously being sought," Hausfeld told USA Today. "I still believe that if you have the right people sitting down, you could reach a resolution."
The NCAA is currently dealing with lawsuits relating to concussions, an issue that has been thrust into focus for football at all competitive levels. The Northwestern University football team is trying to establish student-athletes as employees in order to form a workers union. The NCAA is also working with the "power conferences" to give their schools and athletic directors more autonomy for major decisions.
NCAA Division I football and basketball are a multi-billion dollar industry thanks to lucrative television contracts, memorabilia, stadium tickets and more.
