In a tort case that could run into the hundreds of millions of dollars, the defendants have filed the paperwork asking for an extension on the Alston-Jenkins case which is being head by U.S. District Judge Claudia Wilken.
The NCAA and the Power 5 universities involved, which include the Pac-12, the Big Ten, the Big 12, the SEC and the ACC, are basing their request for more time on the recent decision in the Ed O’Bannon case, which was handed down by the very same judge just last week.
The class action lawsuit, generally known as the Shawne Alston and Martin Jenkins antitrust scholarship suits, contest the NCAA’s setting the value of a scholarship given to student athletes at a lower value than the actual cost of attendance at the university or college. Their claim is that the NCAA, as well as many of the major conferences, illegally cap the value of scholarships.
The NCAA et al are asking for an extension of at least 30 days to come up with a response in view of Wilken’s recent ruling in the O’Bannon case. In the NCAA’s own words they “have been reviewing the Court’s ruling in that action….O’Bannon…to assess its possible impact on the allegations and claims…as well as the Defendants’ anticipated joint motion to dismiss such claims….in the action.”
Wilken’s ruling, along with the recent ‘autonomy’ granted to the Power Five schools by the NCAA Board of Directors, will indeed have a direct and profound impact on the Alston-Jenkins cases. It is even possible that an out of court settlement can be arranged between all parties involved and a long, drawn-out court procedure can be avoided.
It is true that the Power Five universities have not really had time to exercise their new found autonomy. Perhaps it would be a good idea to see what they come up with before going back into the courtroom. After all, these universities and colleges are run by some of the smartest people in the country. They should be able to come up with something that will satisfy all parties and still not break the bank.
The Alston-Jenkins lawsuit was filed by attorney Jeffrey Kessler who the NCAA must now see as some sort of black knight while the aggrieved players look to him as a savior. The suit basically is asking for a free market for college athletes…in addition to the cost of attendance at the university….and also some limited rights to licensing money paid to the university.
Don’t expect all of this to go away anytime soon.
