Hausfeld indicated that any settlement talks might take a more global approach.
"I think the (O'Bannon plaintiffs') claim with regard to the restraints has broader implications for an overall resolution if one is seriously being sought," Hausfeld told USA TODAY Sports. "I still believe that if you have the right people sitting down, you could reach a resolution."
The O'Bannon case, filed in July 2009, technically was combined with a suit filed in May 2009 on behalf of former Arizona State and Nebraska football player Sam Keller concerning the use of college athletes' names and likenesses in video games. But the cases are operating under different legal approaches and the Keller case has been slowed by procedural appeals.
range of NCAA issues
Remy said that while the NCAA is preparing for trial in the O'Bannon case, it also is prepared to participate in mediation.
"Mr. Hausfeld only represents the clients he represents in the litigation he has against the NCAA, and the same thing with the Hagens Berman firm," Remy said. "We take each piece of litigation on its own merits."
OAKLAND A lawyer representing college athletes in an anti trust lawsuit against the NCAA concerning the use of athletes' names and likenesses suggested the case could be used as a staging point for negotiations to resolve a wide range of litigation connected to the athletes' rights. District Judge Claudia Wilken. Each side has asked Wilken to decide the case in its favor without a trial which for the plaintiffs would mean a ruling that bars the NCAA from limiting what Division I men's basketball players and Bowl Subdivision football players can receive for playing.
In line with that, the NCAA is hoping Thursday's hearing will include further discussion of its argument that the First Amendment protects live television broadcasts of sports events from claims related to improper use of the participants' names, images and likenesses. In addition, the NCAA wants to persuade Wilken to adopt an interpretation of her class certification ruling that could narrow how college athletes would be affected even by an outcome that was most favorable to the plaintiffs.
"We're open to a global resolution," said Robert Carey, a lawyer with Hagens Berman. "And there a lot of cases that could be used as vehicles to do that. We're interested in seeing college student athletes treated fairly across the board by the NCAA. The question is whether the NCAA is willing to step forward to work on this globally in good faith or whether they only want to do it Adidas Sl Loop Runner Sale
Could O'Bannon case settle host of NCAA issues
With the O'Bannon case, "the law only provides the remedy of either damages or an injunction restraining particular conduct," Hausfeld said. "The resolution of our major issue a fundamental one could go way beyond. There are issues implicated in O'Bannon which clearly call for major reform in terms of athletes' well being. That's not confined just to O'Bannon."
In addition, the NCAA faces presumptive class action claims concerning concussions that college athletes Adidas Y3 Pure Boost Zg have suffered while playing various sports, litigation that already has gone into settlement talks. Although Hausfeld's firm is involved with some of those cases, the firm leading that litigation and the settlement talks on behalf of the plaintiffs is Hagens Berman Sobol Shapiro LLP. Hagens Berman also is running Keller's case, as well as the case involving the NCAA's scholarship rules.
Claudia Wilken for a summary judgmentMost observers expect Wilken will not rule yet, but will allow case to go to mediation or trialA plaintiffs attorney says the O case could be impetus to settle wide Adidas Loop Moc
Wilken also could hear arguments and decide to issue a summary judgment in the coming weeks, or she could strongly encourage even order both sides to participate in mediation.
There is a tentative settlement in the Keller and O'Bannon cases with regard to claims against video game manufacturer Electronic Arts and Collegiate Licensing Co., the nation's leading collegiate trademark licensing and marketing firm, but the NCAA is not part of that settlement.
The NCAA's chief legal officer, Donald Remy, said he doesn't think the association has much choice except to work that way, and he referenced a previous statement in which he said the NCAA's membership is making a good faith effort to examine its governance and rules on a wide ranging basis.
Making that happen would involve juggling myriad interests, and the O'Bannon case's potential to be the impetus for such discussions could be affected by how Wilken proceeds.
Former UCLA basketball player Ed O Jr. sits in his office in Henderson, Nev. District Judge Adidas Sl Loop Racer Chromatech
on a piecemeal basis."
"But we're not actively out there seeking a settlement of the entirety of the (O'Bannon) case. There are still core principals at issue in this case particularly as we focus on the collegiate model of athletics that we're willing to take to the judge or a jury, whatever the case may be, to get resolved."
"Both parties, as that are obligated to do, have acknowledged that if the court requires us to go to mediation, we'll all show up at mediation," he said. "We've done it before, we'll do it again. It's not as if the NCAA is saying, 'Hey, we're not going to mediate if the court orders us to mediate.' We will, because that's what (Wilken) requires.
She could decide the class action case on Thursday with a summary judgment, but most observers say it is more likely that she will use the hearing as an opportunity to ask questions of both sides and address, or provide guidance, on a multitude of issues that would shape the case as it heads toward a June 9 trial date.
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