cdj
06-01-2014, 08:29 PM
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! (http://sports.yahoo.com/blogs/ncaaf-dr-saturday/ea-sports-and-clc-complete--40-million-settlement-with-former-ncaa-players-182050764.html))
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 (http://espn.go.com/espn/otl/story/_/id/11010455/college-athletes-reach-40-million-settlement-ea-sports-ncaa-licensing-arm)
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 (http://deadspin.com/ea-sports-and-clc-finalize-video-game-settlement-with-f-1584198608)
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 (http://deadspin.com/ea-sports-and-clc-finalize-video-game-settlement-with-f-1584198608)
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 (http://www.cbssports.com/collegefootball/writer/jon-solomon/24577543/current-ncaa-players-could-benefit-from-video-game-settlement)
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 (http://espn.go.com/espn/otl/story/_/id/11010455/college-athletes-reach-40-million-settlement-ea-sports-ncaa-licensing-arm)
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.
472725201239965696
472729817725816833
Courtesy: Fansided (http://fansided.com/2014/05/31/college-athletes-reach-40-million-settlement-ea-sports-former-tennessee-qb-erik-ainge-happy/#!TtF3D)
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 (http://www.cbssports.com/collegefootball/writer/jon-solomon/24577543/current-ncaa-players-could-benefit-from-video-game-settlement)
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 (http://www.usatoday.com/story/sports/college/2013/12/11/mark-emmert-ncaa-lawsuit-ed-obannon-ea-sports-collegiate-licensing-co/3987907/)
Some Athletic Directors believe that NCAA should attempt to settle the lawsuit, while others do not. Courtesy: AL.com (http://www.al.com/sports/index.ssf/2014/03/should_the_ncaa_settle_ed_oban.html)
***
You can view the page at http://www.thegamingtailgate.com/forums/content.php?795-EA-CLC-Finalize-Settlement-With-Former-Players
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! (http://sports.yahoo.com/blogs/ncaaf-dr-saturday/ea-sports-and-clc-complete--40-million-settlement-with-former-ncaa-players-182050764.html))
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 (http://espn.go.com/espn/otl/story/_/id/11010455/college-athletes-reach-40-million-settlement-ea-sports-ncaa-licensing-arm)
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 (http://deadspin.com/ea-sports-and-clc-finalize-video-game-settlement-with-f-1584198608)
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 (http://deadspin.com/ea-sports-and-clc-finalize-video-game-settlement-with-f-1584198608)
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 (http://www.cbssports.com/collegefootball/writer/jon-solomon/24577543/current-ncaa-players-could-benefit-from-video-game-settlement)
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 (http://espn.go.com/espn/otl/story/_/id/11010455/college-athletes-reach-40-million-settlement-ea-sports-ncaa-licensing-arm)
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.
472725201239965696
472729817725816833
Courtesy: Fansided (http://fansided.com/2014/05/31/college-athletes-reach-40-million-settlement-ea-sports-former-tennessee-qb-erik-ainge-happy/#!TtF3D)
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 (http://www.cbssports.com/collegefootball/writer/jon-solomon/24577543/current-ncaa-players-could-benefit-from-video-game-settlement)
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 (http://www.usatoday.com/story/sports/college/2013/12/11/mark-emmert-ncaa-lawsuit-ed-obannon-ea-sports-collegiate-licensing-co/3987907/)
Some Athletic Directors believe that NCAA should attempt to settle the lawsuit, while others do not. Courtesy: AL.com (http://www.al.com/sports/index.ssf/2014/03/should_the_ncaa_settle_ed_oban.html)
***
You can view the page at http://www.thegamingtailgate.com/forums/content.php?795-EA-CLC-Finalize-Settlement-With-Former-Players