I have a question for any lawyers on the board Civil suit question

[grepal]

Is there any chance that athletes who were not able to collect NIL due to NCAA rules can sue the NCAA now?
Thank you

I am not a former D-1 athlete.

 

[PeteCalvin]

Is there any chance that athletes who were not able to collect NIL due to NCAA rules can sue the NCAA now?
Thank you

I am not a former D-1 athlete.

I thought they already had one of those suits the year that NIL started up? IIRC, players did get some kind of small payout, but it only went back a few years, so guys like MCW, AO, Malachi, Lydon, etc weren’t eligible.

 

[OrangeTarheel]

Is there any chance that athletes who were not able to collect NIL due to NCAA rules can sue the NCAA now?
Thank you

I am not a former D-1 athlete.

So could, for example, Marvin Harrison sue to get the NIL he would have in his day? Is that the thing you’re asking?

 

[GoSU96]

Is there any chance that athletes who were not able to collect NIL due to NCAA rules can sue the NCAA now?
Thank you

I am not a former D-1 athlete.

As likely as getting a judgment against a witch that sold a bad love potion.

 

[capeorange]

Is there any chance that athletes who were not able to collect NIL due to NCAA rules can sue the NCAA now?
Thank you

I am not a former D-1 athlete.

Not if they played for Kentucky, dook or Kansas...

 

[grepal]

So could, for example, Marvin Harrison sue to get the NIL he would have in his day? Is that the thing you’re asking?

Yes, something along those lines.

 

[Zelda Zonk]

So could, for example, Marvin Harrison sue to get the NIL he would have in his day? Is that the thing you’re asking?

And should Dave Bing be credited for the three-pointers he would have made if there had been a line back then?

I think the problem with retroactive NIL is that there's no way to establish value or retroactive offers. Even if the players 'had value,' what value, and who would be responsible for those payments? And under what conditions—did the athletes satisfy conditions that didn't exist?

I'm not an attorney. Just a bloke with questions.

 

[FloridaCuse]

Is there any chance that athletes who were not able to collect NIL due to NCAA rules can sue the NCAA now?
Thank you

I am not a former D-1 athlete.

I think some former athletes who did not become part of the House case group are suing for loss of NIL. I vaguely recall that the class of athletes (I don't recall how far back back it went) could elect out and sue on their own. A few days ago I saw that an athlete who played in 2022 and is now playing in the NFL is himself suing the NCAA for failure to receive NIL funds. (or maybe he's suing because they are still using in "name, image, and likeness" in highlights of past years and thinks he should be paid NIL compensation for that.)

 

[Cusefan69]

Is there any chance that athletes who were not able to collect NIL due to NCAA rules can sue the NCAA now?
Thank you

I am not a former D-1 athlete.

I am not a lawyer but I did stay at a Holiday inn Express last night. So I am going to say

 

[grepal]

And should Dave Bing be credited for the three-pointers he would have made if there had been a line back then?

I think the problem with retroactive NIL is that there's no way to establish value or retroactive offers. Even if the players 'had value,' what value, and who would be responsible for those payments? And under what conditions—did the athletes satisfy conditions that didn't exist?

I'm not an attorney. Just a bloke with questions.

I am just hoping there is a chance the NCAA gets utterly ruined.

 

[jsshap]

And should Dave Bing be credited for the three-pointers he would have made if there had been a line back then?

I think the problem with retroactive NIL is that there's no way to establish value or retroactive offers. Even if the players 'had value,' what value, and who would be responsible for those payments? And under what conditions—did the athletes satisfy conditions that didn't exist?

I'm not an attorney. Just a bloke with questions.

It's a fair point. If one can establish liability and prove they were harmed, the lack of precision as to what those damages are generally would not prevent a judgment. The law is very strict in what types of damages are recoverable (ie no emotional distress damages in a breach of contract case) but, again speaking generally, allows judges and juries a fair degree of discretion in deciding the amount. The counter point to that is that damages cannot be speculative. So you may be right in that respect. The P would need to show they would have stayed in college and have some expert testimony about what range the NIL payment would likely have been. That might be practically impossible which would render damages too speculative. My guess is a court could go either way on that based on the evidence offered.

To the original, maybe there could be a plausible anti trust claim of some sort but it's hard to imagine. I'd think chance of success close to zero.

 

[grepal]

It's a fair point. If one can establish liability and prove they were harmed, the lack of precision as to what those damages are generally would not prevent a judgment. The law is very strict in what types of damages are recoverable (ie no emotional distress damages in a breach of contract case) but, again speaking generally, allows judges and juries a fair degree of discretion in deciding the amount. The counter point to that is that damages cannot be speculative. So you may be right in that respect. The P would need to show they would have stayed in college and have some expert testimony about what range the NIL payment would likely have been. That might be practically impossible which would render damages too speculative. My guess is a court could go either way on that based on the evidence offered.

To the original, maybe there could be a plausible anti trust claim of some sort but it's hard to imagine. I'd think chance of success close to zero.

Thank you

 

[upperdeck]

Do all the Olympians now sue for lost revenue from 100 yrs ago too?

And how were they harmed? they signed on for a deal, the rules changed over time.

Can I sue my employer because I chose to except below market rates for 30 yrs?

 

[OrangeTarheel]

Do all the Olympians now sue for lost revenue from 100 yrs ago too?

And how were they harmed? they signed on for a deal, the rules changed over time.

Can I sue my employer because I chose to except below market rates for 30 yrs?

Don’t forget the original Olympians! With interest their payback would be crippling, especially if remunerated in Spartan obeloi!

 

[grepal]

Do all the Olympians now sue for lost revenue from 100 yrs ago too?

And how were they harmed? they signed on for a deal, the rules changed over time.

Can I sue my employer because I chose to except below market rates for 30 yrs?

No, you can leave your job at your whim.

 

[GoSU96]

Is there any chance that athletes who were not able to collect NIL due to NCAA rules can sue the NCAA now?
Thank you

I am not a former D-1 athlete.

Bottomline, no. Nada, zip, zilch,bupkis.

 

[orangecuse]

Well, regardless, all of these extremely fortunate dudes nowadays whom literally have to be pinching themselves on a daily basis, should be sending Ed O'bannon a percentage/royalty type fee.

 

[Zelda Zonk]

No, you can leave your job at your whim.

College athletes can leave school at their whims.

 

[Willy75]

Is there any chance that athletes who were not able to collect NIL due to NCAA rules can sue the NCAA now?
Thank you

I am not a former D-1 athlete.

I think that was the O'Bannon lawsuit.

 

[PoppyHart]

Only if the schools also pay out $20 million in revenue share for each year since they joined D1.

 

[35kcuse]

Is there any chance that athletes who were not able to collect NIL due to NCAA rules can sue the NCAA now?
Thank you

I am not a former D-1 athlete.

Has already happened. Athletes (mainly football/basketball) from 2016 - NIL start date won a lawsuit, setting at 2.8 billion. Argued that they were denied right to earn money by NCAA. Money was distributed w weight (meaning more for athletes who made more money for schools).

Why 2016? Well, statute of limitations. Typically 5-6 years in these types of cases from my experiences.

To answer your question. Yes and no. If you were an athlete before 2016, there isn’t really any sort of viable path. The yes part is that thousands have taken part in the class action and are (set?) to be paid. Process of payout I’d imagine is quite a cluster.