The student-athlete likeness antitrust litigation is not the only high-stakes case the NCAA is facing. In July 2013, the plaintiffs in a concussion lawsuit against the NCAA filed a motion for class certification. The requirements for class certification have been discussed in another post.
The concussion lawsuit is under a stay (which essentially means a timeout), because the parties are hoping to settle. Simply filing a motion for class certification before a stay gives the plaintiffs leverage, because it provides the NCAA incentive to settle. If the NCAA does not settle while under a stay and the plaintiffs' motion for class certification is later granted, then the NCAA is in a much worse position for settlement. If the NCAA does not settle while under a stay but the plaintiffs' motion for class certification is denied, the NCAA is not really in any better position than before the ruling on class certification.
The concussion lawsuit is under a stay (which essentially means a timeout), because the parties are hoping to settle. Simply filing a motion for class certification before a stay gives the plaintiffs leverage, because it provides the NCAA incentive to settle. If the NCAA does not settle while under a stay and the plaintiffs' motion for class certification is later granted, then the NCAA is in a much worse position for settlement. If the NCAA does not settle while under a stay but the plaintiffs' motion for class certification is denied, the NCAA is not really in any better position than before the ruling on class certification.
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