New Cases and Developments

NACUA's Legal Resources staff summarizes current higher education cases and developments and provides the full text of selected cases to members. New cases and developments are archived here for up to 12 months.  Cases provided by Fastcase, Inc.

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Antitrust; Athletics Operations; Authorizations & Regulations; Athletics & Sports

Pugh v. National Collegiate Athletic Association (S.D. Ind. Dec. 6, 2016)

A Division I athlete at Weber State University sought to transfer after his grant-in-aid was not renewed for his second year. However, because the NCAA's transfer bylaw required Plaintiff to sit out of competition for a full season, he was ineligible for grants-in-aid contingent on his ability to play two more years of football. Plaintiff filed a class action suit against the NCAA asserting that its bylaws relating to multi-year scholarships and transfer violated the Sherman Act as an unreasonable restraint on trade. Previously, the Court granted the NCAA's partial motion to dismiss the claims as they related to NCAA transfer bylaws. Here, the Court found that there was enough factual overlap between the still-pending scholarship-related claims and the dismissed transfer-related claims to render them inseparable for purposes of entering final judgment. Plaintiff also failed to persuade the Court that there was no just reason for delaying the appeal of the transfer claims. Finally, the Court refused to certify an interlocutory appeal of the transfer claims.