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Judge dismisses EA from NCAA antitrust lawsuit
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2011/05/09 09:00
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A federal judge has dismissed video game maker Electronic Arts Inc. from a high-profile antitrust lawsuit challenging the NCAA's long-standing prohibition against paying student athletes for their performance.
But U.S. District Judge Claudia Wilken on Monday refused to drop the bulk of the case, which accuses the NCAA and its marketing company of operating an illegal sports marketing monopoly. Led by former UCLA basketball standout Ed O'Bannon, former athletes allege they are forced to forever sign away their commercial rights to play collegiate sports.
The judge refused to dismiss the NCAA and Collegiate Licensing Co. from the lawsuit that seeks to become a class action representing thousands of former football and basketball players who say the NCAA illegally controls their images forever without compensation.
The NCAA responds that players are free to make commercial deals after they leave college. NCAA policy prohibits players from receiving compensation while they are playing.
The judge said there is enough evidence to continue the litigation. But she said Monday that there was no evidence that Redwood City-based EA conspired with the NCAA to deny the players compensation and she dismissed the company from the lawsuit.
The O'Bannon case and another led by former Nebraska quarterback Sam Keller are being closely watched because of their potential to dramatically reshape the commercial relationship between the NCAA and its athletes. Keller's lawsuit also alleges that the NCAA is unfairly depriving athletes of their share of revenues generated by their performances. But Keller's lawsuit makes different legal arguments, claiming the NCAA is violating the players' commercial rights when it refuses to cut them in on marketing deals using their images. The Keller lawsuit also names EA as a defendant. |
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Court puts Carl Lewis back on NJ primary ballot
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2011/05/06 08:33
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Track and field legend Carl Lewis finally found a court willing to help him get into the race for the New Jersey state Senate — but there's a chance his run will be fleeting.
A three-judge panel of the Philadelphia-based U.S. 3rd Circuit Court of Appeals ruled Thursday that Lewis' name should be included when the ballots are printed for the 8th Legislative District Democratic state Senate primary. While the three-judge panel granted that emergency request, it didn't make a final ruling on whether he's eligible for office.
Lewis' lawyer, William Tambussi, said that under the ruling, the voters, not a partisan elected official, will decide who should be the state senator in the 8th Legislative District.
Republicans contend that Lewis does not meet the state requirement that a candidate live in New Jersey for four years before seeking a seat in the state Senate.
Lewis, 49, grew up in Willingboro before becoming one of track's biggest stars and a nine-time Olympic gold medalist. He bought a home in New Jersey in 2005 and has been assisting with the track team at Willingboro High School since 2007. He went to college in Texas, and he has a home in Pacific Palisades, Calif., and a business in Los Angeles. He registered to vote in New Jersey only last month, just before he announced his candidacy. |
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NH Senate rejects changes to anti-bullying law
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2011/05/03 08:32
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New Hampshire's Senate has voted unanimously to reject changes to the state's anti-bullying law, such as limiting school responsibility in dealing with off-campus incidents.
Senators said Wednesday that the current law is only months old and needs further study before any changes are made.
The current law was amended last year for the electronic age. It defines bullying and cyberbullying and allows schools to step in if the conduct happens outside of school and interferes with a student's education or substantially disrupts school operations.
Many states have been moving in this direction, but some New Hampshire lawmakers wanted to restrict the boundaries to school grounds.
The House passed a bill in March that would remove that provision and make other changes. The Senate's rejection leaves the measure's future in doubt. |
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Firm hired by GOP ends work on gay marriage ban
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2011/05/02 09:00
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A prominent law firm hired by Republican lawmakers to defend the federal ban on gay marriage said Monday it was withdrawing from the case amid criticism by advocacy groups, prompting the partner leading the work to quit.
The move by Atlanta-based King amp; Spalding is the latest flashpoint in the public debate over gay rights. Chairman Robert Hays Jr. said the firm chose to divorce itself from the controversy after determining that the decision to take the case wasn't vetted properly, but gay rights groups had also been pressuring the 800-lawyer company with plans for a protest Tuesday in Atlanta and with calls to its other clients. The groups cheered the move.
The decision, however, was sharply criticized by conservative groups, legal observers and the partner who had been handling the case, a former high-ranking Justice Department official under President George W. Bush. Washington-based attorney Paul Clement said he's moving to another law office so he can continue the work.
Clement had been retained by House Republican leaders after President Barack Obama ordered the Justice Department in February to stop defending the Defense of Marriage Act. His administration said it believes the 1996 law, which defines marriage as only between a man and a woman, was unconstitutional. |
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Bachmann uses Holocaust to illustrate tax point
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2011/05/02 09:00
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Minnesota Rep. Michele Bachmann on Saturday described the loss of economic liberty that young Americans face today as a flash point of history in which the younger generation will ask what their elders did to stop it.
In a speech to New Hampshire Republicans, Bachmann recounted learning about a horrific time in history as a child — the Holocaust — and wondering if her mother did anything to stop it. She said she was shocked to hear that many Americans weren't aware that millions of Jews had died until after World War II ended.
Bachmann said the next generation will ask similar questions about what their elders did to prevent them from facing a huge tax burden.
I tell you this story because I think in our day and time, there is no analogy to that horrific action, she said, referring to the Holocaust. But only to say, we are seeing eclipsed in front of our eyes a similar death and a similar taking away. It is this disenfranchisement that I think we have to answer to. |
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Court sides with Wyoming in dispute with Montana
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2011/05/02 09:00
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The Supreme Court says Wyoming is not taking too much water from a river system it shares with Montana.
The high court on Monday turned away Montana's complaint that Wyoming is taking too much water from the Tongue and Powder rivers in violation of a 1950 agreement between the states.
Montana claimed that more efficient irrigation in Wyoming is preventing runoff from rejoining the river and flowing downstream.
Justice Clarence Thomas wrote the 7-1 decision, which says more efficient irrigation is permissible to the detriment of downstream users. Justice Antonin Scalia was the only dissenting vote.
Justice Elena Kagan did not participate in the case because she worked on it while in the solicitor general's office. |
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