Ninth Circuit Denies Request For Rehearing In O’Bannon

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Last week, a three-judge panel for the United States Court of Appeals for the Ninth Circuit voted 2-1 to deny the OBannon plaintiffs petition for a rehearing en banc of the Ninth Circuits September 30, 2015 decision on the NCAAs appeal of the District Courts 2014 decision.

On appeal, the Ninth Circuit had upheld that part of the District Courts ruling which enjoined the NCAA from enforcing its rules precluding member institutions from providing athletic scholarships up to the full cost of attendance, but disagreed with that part of the District Courts decision which would have required the NCAA to permit member institutions to pay deferred compensation to student-athletes in an amount up to $5,000 per year for the use of their names, images and likenesses.

While the parties next steps in the case are presently unknown, both the OBannon plaintiffs and the NCAA could potentially seek U.S. Supreme Court review of the Ninth Circuits decision.

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