O’Bannon v. NCAA – fee award largely affirmed

Source: O’Bannon v. NCAA – fee award largely affirmed

U.S. District Judge Claudia Wilkens has affirmed with relatively modest changes the fee award of the Magistrate Judge in favor of the college players who prevailed in their Sherman Act case against the NCAA.  They sought to share in revenues the colleges gain from selling the student athletes images and likenesses.

Because plaintiffs prevailed in part by obtaining partial affirmance on appeal, and because the litigation was the catalyst for certain NCAA rule changes Judge Wilkens held that the plaintiffs were a prevailing party.  Here is the bottom line:

For the reasons stated above, the Court GRANTS the NCAA’s motion for de novo review of Magistrate Judge Cousins’ fee order and adopts the fee order in part. Docket No. 415. The Court orders the following reductions in addition to the reductions ordered by Magistrate Judge Cousins. The Court will further reduce Plaintiffs’ attorneys’ fees by $3,628,610.15, to $40,794,245.89, and will further reduce Plaintiffs’ costs by $5,675.00, to $1,540,195.58.

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