• EA/CLC Finalize Settlement With Former Players

    Friday night, Electronic Arts and the Collegiate Licensing Company finalized terms of the $40 million settlement with former players that now leaves the NCAA as sole defendant in the June 9 O'Bannon and March 2015 Keller trials.

    The following contains information and excerpts from various media articles and reports examining the details of the settlement.


    Which lawsuits were settled and how will the money be divided?

    Because there were multiple lawsuits by former players seeking compensation for the usage of their likenesses, the funds from the settlement will be divvied up as follows after lawyer fees. 77 percent will go to a group led by former Arizona State quarterback Sam Keller, 12 percent to the group represented by Ed O'Bannon and 10 percent to the litigants in the suit by former Rutgers player Ryan Hart and former West Virginia Player Shawne Alston. (Courtesy: Yahoo!)

    If the settlement is approved by U.S. District Court Judge Claudia Wilken, the lawyers will receive up to one-third of the settlement funds, or $13.2 million, plus a maximum of $2.5 million in legal fees that they argue is "particularly reasonable in light of the advanced stage of this case." They state that the collective lodestar, or total amount of legal services expended, by the various plaintiffs' firms that have worked on the Keller, O'Bannon and Hart-Alston cases exceeds $30 million, plus expenses of $4 million. Courtesy: ESPN


    What do the plaintiffs make from this settlement?

    The named plaintiffs will receive the following amount of money:

    • $15,000 to former Arizona State/Nebraska football player Sam Keller
    • $15,000 to former UCLA basketball player Ed O'Bannon
    • $15,000 to former Rutgers football player Ryan Hart
    • $5,000 to former West Virginia football player Shawne Alston
    • $5,000 to the remaining plaintiffs who were deposed
    • $2,500 for all other named plaintiffs
    Courtesy: Deadspin


    How much will other players receive?

    The attorneys estimate that players who appeared in a video game from 2003 to 2005 would receive between $96 and $517 per roster year appearance, depending on how many people make claims. For players who appear in video games since 2005, the estimate is $166 to $951 per roster year appearance. If a player only appeared on a roster and not a video game from 2005 to 2014, the range is $48 to $276 per roster year.

    For example, if a player at the University of California appeared in the video game for four seasons from 2007 through 2011, and assuming a 50 percent claims rate, that player's estimated recovery would be $1,328 to $1,904. In another example, if a player was on Cal's roster for four seasons from 2005 to 2009 but did not appear in the video game, and assuming a 25 percent claims rate, that player would recover between $772 and $1,104.
    Courtesy: Deadspin


    Other details of note:

    EA can cancel the settlement “if a certain number of class members opt out,” according to the settlement filing. The specific number of class members who would have to opt out was redacted in the public filing.

    Aragon said the plaintiffs are hoping to get a claims rate of 25 percent. Because of the difficulty of locating former players, the plaintiffs plan to do a national notice campaign if Wilken approves the settlement. A preliminary approval hearing is scheduled for July 3.
    Courtesy: CBS Sports


    Current players who would be due compensation include any who have appeared in EA Sports games, a legal outcome that creates another challenge to the NCAA's prohibition on players receiving money for the use of their images as athletes.

    Asked about the chances that the NCAA might object, Berman said, "The NCAA could do that. But they've released statements saying they wouldn't. To me, the definition of a professional is someone who earns a living at what they do. A payment of $2,000 to $4,000 is not earning a living."
    Courtesy: ESPN


    Have any former players made comments?

    Statements and comments will likely emerge this week in newspapers and sports talk radio, however former Tennessee QB Erik Ainge took to Twitter Saturday night with his opinions.

    Courtesy: Fansided


    Is there any chance the NCAA and the plantiffs will reach a settlement?

    Leonard Aragon, an attorney for the Sam Keller plaintiffs in the video game settlement, said settlement talks between the Keller plaintiffs and the NCAA remain ongoing. Courtesy: CBS Sports

    This is a change from a December 2013 statement by NCAA President Mark Emmert:

    NCAA President Mark Emmert on Wednesday dismissed any talk of a settlement in an anti-trust lawsuit pertaining to the use of college athletes' names and likenesses.

    "Right now, we're not having any settlement talks," said Emmert, speaking Wednesday at the IMG Intercollegiate Athletics Forum. "If their goal is to move toward a pay-for-play model, which is what it seems to be, there's no consideration of that at all."
    Courtesy: USA Today

    Some Athletic Directors believe that NCAA should attempt to settle the lawsuit, while others do not. Courtesy: AL.com
    Comments 36 Comments
    1. CLW's Avatar
      CLW -
      $166 to $951 per roster year appearance
      Congrats to Keller et al for sending a video game series down the toilet for a mere $2k (and some change) per student.
    1. souljahbill's Avatar
      souljahbill -
      I just hope it comes back once all the smoke is cleared with the NCAA proper. It's the 2nd most popular sport in the country.
    1. Bohica1010's Avatar
      Bohica1010 -
      Did I miss something in all the NCAA Football games I bought? I don't rememeber seeing any likeness to Sam Keller in the game other than ASU sucking. So if we are saying that ASU's QB sucking was a likeness to Sam Keller, he has a valid point, but let's be realistic about this. For those of you who invested countless hours updating rosters, was he any easy to update then anyone else because he was setup in the game originally like him? I look at the update between Montee Ball in the 2013 game with the original setup and everything that was updated in the rosters and other than being black and being fast, was it really Montee Ball? Come on!

      And why in the hell are we paying kids that were on a team's roster but weren't in the game? You weren't in the damn game so there is nothing to pay you for!

      Our game ruined because some moron who couldn't make money in football in the Pro's ended up wanting less than $2000. Pretty sure we could have all chipped in and got him a Visa gift card for that much!
    1. jaymo76's Avatar
      jaymo76 -
      Just became a big fan of Erik Ainge! Great job calling it how it is!
    1. Rudy's Avatar
      Rudy -
      It would be nice if the settlements opened the door for a new NCAA game.
    1. GatorfanStovy's Avatar
      GatorfanStovy -
      All that Fucking mess for a chump change of like 5k? Damn it. Sore players. I bet the legal lawsuit bill was double or even triple for what they got. I just want ncaa 16 at least for next gen. So much could be done. .
    1. SmoothPancakes's Avatar
      SmoothPancakes -
      The lawyers are getting $13.2 million.

      Posted With Tapatalkbecause I'm a lazy ass
    1. CLW's Avatar
      CLW -
      Quote Originally Posted by SmoothPancakes View Post
      The lawyers are getting $13.2 million.

      Posted With Tapatalkbecause I'm a lazy ass

      Cracks me up that people fail to realize that the ONLY winners in a lawsuit are the lawyers. Plaintiffs' attorneys get their $13.2 million pay day and the Defendants' attorneys most likely billed hundreds of thousands (and perhaps millions - depending on how much document production there was in the case) for defending the lawsuit. Class Actions are the WORST lawsuit an individual can ever be a part of (especially when you have "real" damages). #1 you never see/talk to the lawyer that "represents" you. #2 you always get the shaft when the settlement comes while "your" lawyer brings in that big pay day.

      these "poor" "abused" athletes (the ones that got 4 years of free college education) get on average $2k (if they were in a video game roster all 4 years). Meanwhile, "their" lawyer gets enough $ to buy that 2nd private jet he/she has been after.
    1. SmoothPancakes's Avatar
      SmoothPancakes -
      Yep. All the idiots get maybe a month's worth of utility bills paid off, while their lawyers start shopping for a new yacht. And in the middle, a great video game series is destroyed, likely forever. Hope is was worth your $2,000 assholes.

      Posted With Tapatalkbecause I'm a lazy ass
    1. steelerfan's Avatar
      steelerfan -
      Quote Originally Posted by SmoothPancakes View Post
      Hope is was worth your $2,000 assholes.

      Posted With Tapatalkbecause I'm a lazy ass
      Missing a comma, I hope!

      I certainly would not pay $2,000 for an asshole (attorneys don't count).
    1. SmoothPancakes's Avatar
      SmoothPancakes -
      . Yes, there is a missing comma in there.

      Posted With Tapatalkbecause I'm a lazy ass
    1. skipwondah33's Avatar
      skipwondah33 -
      Quote Originally Posted by CLW View Post
      these "poor" "abused" athletes (the ones that got 4 years of free college education) get on average $2k (if they were in a video game roster all 4 years). Meanwhile, "their" lawyer gets enough $ to buy that 2nd private jet he/she has been after.
      I use to think athlete's got a "free" education as well..but it certainly isn't free. The good ones get them for a reason and the work put it while on one by no means is easy.

      I'd probably rather work a retail job and go to school, than have to put up with the demands of being an athelete on a full ride. Imagine it's taxing, actually know it is not firsthand but close.

      Now case can be made with whether the opportunity is taken advantage of but it certainly wasn't free.

      I'd imagine athelete's wouldn't mind being charged instead of getting a "free" education...long as they got paid similar to the coaches and everyone else making bundles of cash off their efforts throughout the year and on Saturdays.
    1. bdoughty's Avatar
      bdoughty -
      Quote Originally Posted by skipwondah33 View Post
      I use to think athlete's got a "free" education as well..but it certainly isn't free. The good ones get them for a reason and the work put it while on one by no means is easy.

      I'd probably rather work a retail job and go to school, than have to put up with the demands of being an athelete on a full ride. Imagine it's taxing, actually know it is not firsthand but close.

      Now case can be made with whether the opportunity is taken advantage of but it certainly wasn't free.

      I'd imagine athelete's wouldn't mind being charged instead of getting a "free" education...long as they got paid similar to the coaches and everyone else making bundles of cash off their efforts throughout the year and on Saturdays.

      I do not recall anyone being forced to sign a scholarship. If it bothers someone so much let the next guy have it, so they can play football and earn a free education. This is why I fully support a minor league for pro football. If you want to get paid and play football, there you go. Also want a college education? Well, they would not be the first to go to school at night, online, etc, etc.
    1. Rudy's Avatar
      Rudy -
      The tough thing is that only the elite college football players deserve more. Manziel brought in a ton of cash. In an open market how much would these guys get. Michigan might pay more for most of their players. Denard would have gotten some good cash.

      Either way I do think kids should be able to transfer once without penalty - especially if the coach leaves.
    1. GatorfanStovy's Avatar
      GatorfanStovy -
      A minor pro system would be awesome. However, would that hurt college recruiting and the draft ? Or would u have two different leagues for players in D1 schoools and the minor league like baseball?
    1. Rudy's Avatar
      Rudy -
      Neither the NFL or NCAA wants a college system. Maybe the power conferences form their own league but I don't see things changing that drastically.
    1. steelerfan's Avatar
      steelerfan -
      Quote Originally Posted by Rudy View Post
      Neither the NFL or NCAA wants a college system. Maybe the power conferences form their own league but I don't see things changing that drastically.
      Yeah, the NFL has no desire to find something that they're getting for free now.
    1. bdoughty's Avatar
      bdoughty -
      Quote Originally Posted by steelerfan View Post
      Yeah, the NFL has no desire to find something that they're getting for free now.
      NFL Europe lasted until 2007 (12 years). Apparently there was a desire until it was not making enough money. Yes, it was an attempt at going global but was used as a farm league for most players.

      I prefer to keep college football at an amateur status. Once you go down the slippery slope of paying players you will run into a a big time mess, especially with athletes that are playing in sports that do not make money for the university (Male and Female). You simply can't just pay football players. Lawyers would have a field day and Feminists would have rallies on the fields. Not to mention that once you start paying players it makes it more difficult to keep up with all these payments and tracking schools that might be cheating.
    1. GatorfanStovy's Avatar
      GatorfanStovy -
      What about bringing back the XFL ?it had a strong showing.. Well just one season but it was interesting to say the least.
    1. bdoughty's Avatar
      bdoughty -
      Quote Originally Posted by GatorfanStovy View Post
      What about bringing back the XFL ?it had a strong showing.. Well just one season but it was interesting to say the least.