Tuesday, July 14, 2009
Last week, the NCAA received a favorable decision in the the Andrew Oliver Lawsuit. After a review of NCAA memoranda, Judge Tygh Tone ruled that Andrew Oliver's allegation the NCAA had engaged in contemptuous behavior through its communications with member schools and student athletes lacked probable cause. Judge Tone provided no comment or rationale for his decision.
Oliver's attorney Rick Johnson has filed a motion asking for clarification from the court since the decision without comment brings the enforceability of NCAA Bylaw 18.104.22.168 , which had previously been declared void by the court, back into question.
Absent a clarification or perhaps a settlement, it appears that the case will have little movement until the middle of October when both parties appear in court for a full jury trial.