Ed O'Bannon, Sam Keller Engaging in Court-Ordered Settlement Talks With NCAA, Trial Date Still Set for June 9
ByEd O'Bannon, Sam Keller and their lawyers are in the midst of court-ordered settlement talks with the NCAA, but both sides appear ready to take the case to court.
O'Bannon, a former basketball star at UCLA, and Keller, a former quarterback for Arizona State and Nebraska, last had settlement talks with the NCAA in Oct. 2011. After years of activity, a settlement does not appear likely to stand in the way of a court battle, set to begin June 9.
According to AL.com, U.S. District Judge Claudia Wilken ruled last week that a "settlement conference" will take place "as soon as it is convenient." The talks, mediated by Magistrate Judge Nathaniel Cousins, will take place between the NCAA and the plaintiffs.
In the class action lawsuit filed against the NCAA, the O'Bannon plaintiffs are fighting for student-athlete financial compensation for their on-field play. The Keller plaintiffs are seeking damages for their names, images and likenesses being used in video games without consent or compensation.
"There has been no serious expression of interest by the NCAA in resolving the antitrust exposure," Michael Hausfeld, a lead attorney for the O'Bannon plaintiffs, told AL.com. "Given their past and recent expression, it appears highly improbable that they would engage in any rational dialogue."
EA Sports, a video game maker, and College Licensing Company have already settled out of the lawsuit and left the NCAA to fight on their own.
"The NCAA will of course participate in the court-ordered mediation, however, we will continue to protect the core principles of the collegiate model," NCAA chief legal officer Donald Remy said in a statement.
The affects of this lawsuit have already been felt. EA Sports recently announced it will no longer produce its widely popular NCAA Football video games and the NCAA is no longer selling merchandise on its website.
"We are confident that if a deal can be reached, it will be reached while the EA settlement is being effected," Rob Carey, one of Keller's attorneys, wrote to AL.com. "Now is the most opportune time for all parties."
O'Bannon's lawsuit has been in the court system for years and previous court dates have been delayed repeatedly. The outcome, if O'Bannon is successful, would change the landscape of NCAA sports. Student-athletes would no longer be considered amateurs, which O'Bannon argues is fair since the NCAA makes billions of dollars in TV deals, advertising and other revenue streams.
