Jenkins v. NCAA

Originally published by Christian Dennie.

On August 5, 2016, in  Jenkins v. NCAA, Judge Claudia Wilken (also the judge in O’Bannon v. NCAA) entered an order denying the NCAA’s Motion for Judgment on the Pleadings. In Jenkins, the plaintiffs argue there are “restrictions on the compensation of student-athletes for their athletic performance.”  Relying on the Ninth Circuit’s language in O’Bannon that “compensation” must be “tethered to academics,” the NCAA moved for judgment on the pleadings in accordance with 12(c) of the Federal Rules of Civil Procedure by arguing that “offering [student-athletes] cash sum untethered to education expenses was not a less restrictive alternative to the NCAA’s current rules under the rule of reason.”

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