The Supreme Court decided Monday it will not hear the Ed O’Bannon case against the NCAA. Both the plaintiffs and the defendant asked the court to hear the case, which involved the use of college athletes’ likenesses in broadcasts and video games.
The Supreme Court receives up to 10,000 requests per term to review lower court rulings but grants less than 100. For each requested case, at least four of the eight justices have to agree to hear the case.
O’Bannon, a former UCLA basketball player, filed the class action suit in 2009.
The Supreme Court’s decision means the 9th U.S. Circuit Court of Appeals previous rulings — that the NCAA’s regulations are subject to antitrust scrutiny and that antitrust law does not require colleges to provide money unconnected to educational expenses — are intact.
There is no system to directly pay players for their likenesses, meaning video game publishers such as EA Sports can’t design rosters modeled after real teams. Electronic Arts and the Collegiate Licensing Company settled with O’Bannon’s class for $60 million in 2013. Given the court rulings, it’s unlikely a college football or college basketball game will return in the near future.