Wednesday, August 21, 2013
Ind. Decisions - More on “Three Is a Magic Number” writes Judge Magnus-Stinson
Read more here: http://www.ledger-enquirer.com/2013/08/19/2642832/court-allows-scholarship-case.html#storylink=cpy." It begins:
INDIANAPOLIS — The NCAA has lost another court round, this time over scholarships.
U.S. District Court Judge Jane Magnus-Stinson rejected the governing body's motion to dismiss a case brought by former college football player John Rock.
NCAA lawyers contended Rock's case should be thrown out because he could not show one-year scholarships or scholarship limits on football teams in the Football Bowl Subdivision and Football Championship Subdivision created an anti-competitive effect.
In a 27-page ruling issued Friday by the Southern District of Indiana, Magnus-Stinson wrote that, by law, she was accepting Rock's arguments as truthful and could not find anything in the NCAA's arguments to prevent the case from going to trial. Magnus-Stinson did, however, acknowledge that the standard of proof would be exceedingly higher for Rock — if the case actually is heard in a courtroom.
Rock claims that after playing three seasons of college football at Gardner-Webb, the new football coaching staff refused to renew his scholarship in July 2011. The team captain and starting quarterback said he then had to pay thousands of dollars out of his own pocket to earn a political science degree. The NCAA now allows schools to offer multi-year scholarships.
"Based on these allegations, which the Court must accept as true at this time, Mr. Rock has sufficiently alleged that the bylaws he challenges resulted in anticompetitive effects that injured his proposed market as a whole," Magnus-Stinson wrote. "Accordingly, the Court rejects the NCAA's argument to the contrary."
Posted by Marcia Oddi on August 21, 2013 09:28 AM
Posted to Ind Fed D.Ct. Decisions