Harve Linder: NCAA Claims that Decision which U.S. Supreme Court has Agreed to Review Blurs the Line Between Student and Professional Athletes

 

Harve Linder from our Employment & Labor team at Culhane Meadows PLLC provides an update on a decision made by a lower court regarding education-related compensation and benefits for student-athletes that is to undergo review by the United States Supreme Court.

 

Today, December 16, 2020, the U.S. Supreme Court agreed to review a lower court decision that the NCAA says blurred “the line between student-athletes and professionals”.

Originally, a lower court barred the NCAA from capping education-related compensation and benefits for student-athletes in Division I football and basketball programs.  The Supreme Court’s decision to hear the case comes after a three-judge Panel of the 9th U.S. Circuit Court of Appeals ruled in May.  The Panel had upheld a lower court ruling brought by former West Virginia University football player Shawne Alston and others.

The NCAA complained that the lower court’s ruling “effectively created a pay-for-play system for all student-athletes, allowing them to be paid both ‘unlimited’ amounts for participating in ‘internships’” and an additional $5,600 or more each year they remain eligible to play their sport.

The NCAA wanted the court to stay the case while it made its own internal rule changes. Currently, the NCAA is in the process of changing its rules to permit athletes to be compensated for the use of their names, images, and likenesses.  The NCAA argues that this change should open opportunities for athletes to be paid for endorsement and sponsorship deals, as well as for appearances and for the promoting of products or events on social media accounts.

The case will be argued in 2021 with a decision expected before the end of June.

Download PDF of this article HERE.


The foregoing content is for informational purposes only and should not be relied upon as legal advice. Federal, state, and local laws can change rapidly and, therefore, this content may become obsolete or outdated. Please consult with an attorney of your choice to ensure you obtain the most current and accurate counsel about your particular situation.


About Culhane Meadows – Big Law for the New Economy®
The largest woman-owned national full-service business law firm in the U.S., Culhane Meadows fields over 70 partners in ten major markets across the country. Uniquely structured, the firm’s Disruptive Law® business model gives attorneys greater work-life flexibility while delivering outstanding, partner-level legal services to major corporations and emerging companies across industry sectors more efficiently and cost-effectively than conventional law firms. Clients enjoy exceptional and highly-efficient legal services provided exclusively by partner-level attorneys with significant experience and training from large law firms or in-house legal departments of respected corporations. U.S. News & World Report has named Culhane Meadows among the country’s “Best Law Firms” in its 2014 through 2020 rankings and many of the firm’s partners are regularly recognized in Chambers, Super Lawyers, Best Lawyers and Martindale-Hubbell Peer Reviews.

*Culhane Meadows is ranked by U.S. News/Best Law Firms in Technology Law, Bankruptcy/Reorganization Law, and Information Technology Law. This website and the communications herein may be considered attorney advertising. Previous results are not a guarantee of future outcome. This website is for informational purposes only and does not constitute legal advice. The information herein is not intended to create an attorney-client or similar relationship. Until you establish such a relationship and receive an engagement letter, you have not hired a Culhane Meadows attorney nor become a client of the firm. Whether you are a new or existing client of the firm, Culhane Meadows must determine that there is no conflict of interest and that it is willing and otherwise able to accept the new engagement before representing you on a new matter. Only if and after Culhane Meadows has informed you it is willing and able to accept your new matter should you send the firm any information or documents that you consider private or confidential. Such information will not be treated as private, confidential or otherwise protected from disclosure until Culhane Meadows has communicated in writing that it is willing and able to accept your new matter and provide you with legal counsel. Whether you need legal services and which lawyer or law firm you select are important decisions that should not be based on this website alone.

Accessibility Toolbar