Novel Approach To Opposing Class Certification Rejected
Law360, New York ( March 7, 2013, 12:05 PM EST) -- Current and former student-athletes are one step closer to forcing the National Collegiate Athletic Association and its member institutions to share their profits with them. On Jan. 29, 2013, the United States District Court for the Northern District of California ruled that a putative class of current and former student-athletes currently suing the NCAA, Electronic Arts Inc. ("EA Sports"), and Collegiate Licensing Company ("CLC") can proceed to class certification. [1] In her ruling, Judge Claudia Wilken rejected the defendants' novel approach to opposing class certification — a motion to strike the certification motion. She made it clear that a motion to strike is not the correct avenue to take in attempting to oppose a class certification motion when the basis for the motion is that the plaintiffs allegedly changed their liability and damages theories and/or class definition. [2]. . .
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