Judge: O'Bannon Case Can Move Forward as a Class Action

In a case that exemplifies the saying that "the wheels of justice grind slowly," a U.S. District Court judge in California, Claudia Wilken, last week denied the NCAA's attempt to prevent a group of former and potentially current football and basketball players from having their antitrust and image rights lawsuit classified as a class action. A certification hearing is now scheduled for June 20.

The lawsuit was first filed in 2009 by former UCLA basketball player Ed O'Bannon, who claims that the NCAA's rules and regulations constitute anticompetitive conduct in violation of Section 1 of the Sherman Antitrust Act - in particular, that in order to retain eligibility to participate in athletics, the NCAA requires all athletes to relinquish all rights in perpetuity to the commercial use of their images, including after they graduate and are no longer subject to NCAA regulations.

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