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Judge denies NCAA's motion to dismiss O'Bannon lawsuit

By Jerry Hinnen | Staff Writer

The Ed O'Bannon lawsuit continues to lurch towards a resolution with a federal judge denying the NCAA's motion to dismiss the suit Friday.

Per USA Today, U.S. District Judge Claudia Wilken ruled that of the three arguments put forth by the NCAA in arguing for a dismissal, none "provides grounds for dismissing Plaintiffs' claims at this stage."

The NCAA had asked to be removed from the suit in September, part of a legal strategy that has also involved asking for a 15-month delay of the case after a recent settlement between EA Sports and former players whose likenesses were used by the company. That case has since been cited within the O'Bannon suit and could affect its outcome.

The next step for the O'Bannon suit would appear to be a forthcoming ruling from Wilken on whether the case will be certified as a class-action suit. In June, Wilken told the plaintiffs' lawyers they would need to add current NCAA players to seek certification. Those players were added in July.

Despite the EA settlement and the setback Friday, the NCAA has pledged to take the case all the way to the Supreme Court if necessary.

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