All eyes today were on court proceedings in Colorado that would determine whether another antitrust case confronting the NCAA – a lawsuit referred to as Fontenot v. NCAA – would be consolidated with a similar antitrust case in Northern California.
If a judge had consolidated the Fontenot case with Carter v. NCAA, it would have meant that the NCAA and power conferences would be on the brink of a global settlement that would essentially end four antitrust cases: House, Carter, Hubbard and Fontenot.
A judge in Colorado had different ideas.
In a significant ruling, the judge said Thursday that the case would remain in Colorado and proceed outside of the House settlement.
“I’ll be really curious to see whether other athletes – now that this case represents an alternative – join up with this class rather than opting into the House settlement,” Boise State sports law professor Sam Ehrlich told On3 after the ruling. “Maybe it stays small, but if anything this certainly weakens the idea that the House settlement represents an end to antitrust litigation against the NCAA over amateurism rules, and bolsters any dissent (to the extent it exists) on the athletes’ side against the settlement.
“That can’t be extremely comfortable for the NCAA to hear on the day that I’m sure they were looking to start moving closer towards the settlement.”
Alex Fontenot, a former football player at Colorado, filed the class-action lawsuit against the NCAA and power conferences, alleging that NCAA rules that prohibit athletes from receiving compensation from schools and leagues violate antitrust law.
“This lawsuit aims to change that,” states the complaint, which was filed in U.S. District Court in Colorado. “It focuses on the ever-increasing television revenue and other revenue brought in by these athletes’ labor, of which the athletes would be entitled to receive a substantial portion, but for the NCAA’s rules.”
The case is similar to the Carter case, which alleges that the NCAA is in violation of antitrust law by prohibiting athletes from receiving pay-for-play compensation.
Plaintiffs’ attorneys wrote in a court document filed Tuesday that, given reported details of settlement terms in the House case, it seems likely that one or more of the named plaintiffs here will opt out of any such settlement to continue to litigate their claims in this case.
“And based on skepticism expressed in press reports, plaintiffs expect that many other athletes will opt out as well and could seek to join this case to seek better and fairer terms for athletes … ,” the filing stated. “This case can – and should – move forward in this Court. And it can do so without any concern of inconsistent rulings or duplicative discovery because no discovery or rulings will be taking place in Carter.”
On Thursday, the judge agreed that the case would move forward.
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