Friday, October 25, 2013

No surprise: NCAA's motion to dismiss student-athlete likeness antitrust lawsuit was denied.

It is no surprise that the NCAA's motion to dismiss the student-athlete likeness antitrust lawsuit was denied. The NCAA is the lone remaining defendant; all others have settled. The NCAA's attorneys who filed the motion could be sanctioned by the court, because there was no chance the motion would be granted and they filed it anyway.

If an attorney files a document in a lawsuit for an improper purpose like harassment or to needlessly increase the cost of litigation, the court can sanction the attorney who filed it. As you would expect, an attorney who files a motion for sanctions raises the personal stakes of everyone involved.

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