• 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. JBHuskers's Avatar
      JBHuskers -
      That was unwatchable, and I'm a football and WWE fan.
    1. skipwondah33's Avatar
      skipwondah33 -
      Quote Originally Posted by bdoughty View Post
      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.
      Well of course they aren't forced to sign

      My point is that the education isn't "free" like some think. They have and definitely continue to earn that "free" education over the course of 4 years and prior to getting it.. make no mistake about it is being earned, whether we realize it or not sitting on the couch enjoying the games every weekend.

      Now I'm not saying they should be paid, no real way to do that fairly IMO. The 3rd string QB shouldn't make as much as the 1st string QB..or someone like Manziel, etc. Then players would be upset about their compensation or not making enough, etc.

      Only fair way is to give them all the same but again that will lead to problems as well. And would anyone really want to put substantial amounts of income into 18-21 year old's pockets in college...shit they get in trouble with no money.
    1. ram29jackson's Avatar
      ram29jackson -
      most of this wouldn't be a factor/happening if the NCAA had agreed to pay the medical expenses for players getting injured.That alone is absurd but a scholarship is enough of a freebee and they all get under the table crap anyway.

      plus all the NCAA rules read like some kind of muslim don't do this and that bylaws that are impossible to follow without breaking
    1. razorback44's Avatar
      razorback44 -
      Quote Originally Posted by skipwondah33 View Post
      Well of course they aren't forced to sign

      My point is that the education isn't "free" like some think. They have and definitely continue to earn that "free" education over the course of 4 years and prior to getting it.. make no mistake about it is being earned, whether we realize it or not sitting on the couch enjoying the games every weekend.

      Now I'm not saying they should be paid, no real way to do that fairly IMO. The 3rd string QB shouldn't make as much as the 1st string QB..or someone like Manziel, etc. Then players would be upset about their compensation or not making enough, etc.

      Only fair way is to give them all the same but again that will lead to problems as well. And would anyone really want to put substantial amounts of income into 18-21 year old's pockets in college...shit they get in trouble with no money.

      I had many friends on the football team when I was in school at Arkansas and I don't know a single one of them that would have traded their experience for my school and job combo.
    1. CLW's Avatar
      CLW -
      NCAA settles with former athletes

      http://espn.go.com/college-sports/st...eo-game-claims

      This makes ZERO sense b/c every year a new class action lawsuit can be filed by the freshman class of athletes.

      Even more interesting/bizarre is the Plaintiff's settled for exactly 1/2 what EA paid them.

      Lawyers 2 - NCAA + EA + Plaintiffs 0
    1. ram29jackson's Avatar
      ram29jackson -
      a game cancelled so a bunch of 19-20 year olds can get $600 or what ever for a pair of jordans and some pizza.
    1. CLW's Avatar
      CLW -
      Ed O'Bannon thinks Little Leaguers should get paid too. Yep sign em up Plaintiffs lawyers and sue the World Wide Leader and Little League for exploiting the kids.

      http://espn.go.com/college-sports/st...rust-suit-ncaa
    1. SmoothPancakes's Avatar
      SmoothPancakes -
      Oh for fucks sake. Someone just take this jackass out with a car already.

      Sent from my Droid Maxx using Tapatalk because I'm a lazy ass
    1. GatorfanStovy's Avatar
      GatorfanStovy -
      Fuck this guy !! little league's really man..
    1. CLW's Avatar
      CLW -
      Quote Originally Posted by SmoothPancakes View Post
      Oh for fucks sake. Someone just take this jackass out with a car already.

      Sent from my Droid Maxx using Tapatalk because I'm a lazy ass
      Quote Originally Posted by GatorfanStovy View Post
      Fuck this guy !! little league's really man..
      It is the EXACT same argument (legally) as O'Bannon et al. argument is now. ESPN broadcasts NCAA/Little League games and makes money off of it but the athletes don't get paid for it.

      Honestly, its the best move by the NCAA's counsel to date b/c it shows just how truly RIDICULOUS all these pay the athletes morons are.
    1. oweb26's Avatar
      oweb26 -
      Quote Originally Posted by CLW View Post
      It is the EXACT same argument (legally) as O'Bannon et al. argument is now. ESPN broadcasts NCAA/Little League games and makes money off of it but the athletes don't get paid for it.

      Honestly, its the best move by the NCAA's counsel to date b/c it shows just how truly RIDICULOUS all these pay the athletes morons are.
      To totally overreach this argument can't this be said for anything/anyone that is shown on TV? If CNN broadcast a trial does the lawyers/judge/defendant get money?
    1. CLW's Avatar
      CLW -
      Quote Originally Posted by oweb26 View Post
      To totally overreach this argument can't this be said for anything/anyone that is shown on TV? If CNN broadcast a trial does the lawyers/judge/defendant get money?
      Yes which is why we had a 1st Amendment at one time. I've long said EA/NCAA's strongest argument against this case is a free speech constitutional defense. However, liberals (such as our federal judge in San Fransico and the 9th Circuit) don't pay much attention to that old outdated document.

      The only hope is a 5-4 SCOTUS ruling.
    1. souljahbill's Avatar
      souljahbill -
      Wait, if it's settled, what's going to the Supreme Court?
    1. CLW's Avatar
      CLW -
      Quote Originally Posted by souljahbill View Post
      Wait, if it's settled, what's going to the Supreme Court?
      The t.v. lawsuit is still going - the video game lawsuit settled.
    1. souljahbill's Avatar
      souljahbill -
      WTF? I didn't realize there was a tv lawsuit. That's dumb. Can he sue the internet as well? I'm sure Ed O'Bannon has generated money for websites by increasing web views. What a fucking penis.
    1. TIMB0B's Avatar
      TIMB0B -
      Coaches and players alike have argued about wanting stipends for cost of attendance. Would it be plausible for EA to provide some compensation in stipend-form to these athletes to circumvent pay for play rules? Or maybe simply a free copy of the game? Hell, bowl games reward players with gifts. Why is the NCAA okay with that?


      Sent from my iPhone using Tapatalk