How Could Jeffrey Kessler’s Lawsuit Change the NCAA?

Jeffrey Kessler Lawsuit

NCAAThe NCAA is currently basking in the glory of one of the best first weekends of the annual March Madness tournament in history – with major upsets, such as Mercer over Duke and North Dakota State over Oklahoma. However, it isn’t all good for the NCAA, as Jeffrey Kessler recently filed the most significant lawsuit to date challenging the association’s rule of amateurism.

What would this lawsuit mean if successful?

If Kessler is able to win the lawsuit, it would essentially change the NCAA’s current model as we know it. There have been many people to challenge amateurism in the past¬†and all have been unsuccessful.

According to Sports Illustrated legal analysts, one of the biggest changes that would come from a successful lawsuit is that amateur athletes would become free agents. For example, if the next Johnny Manziel is coming out of high school, he would be able to choose the school that is able to pay him the most money.

Why is Kessler’s involvement significant?

Much ado has been made about Kessler’s involvement in the lawsuit. There is confidence in this case, despite the fact that so many people were unsuccessful in the past because he was also involved in establishing free agency for NFL players in 1992.

This lawsuit could have significant legal ramifications on the future of the NCAA. The association’s rules have long been upheld against any challenges. If a court rules that NCAA amateurism is unfair, the association will never be the same. Also, if this rule is able to be overturned, others, such as the transfer restrictions, could be next. Essentially, this ruling could create a legal domino effect that the NCAA does not want to see.

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Anthony R. Caruso is a business transactional attorney in New York and New Jersey with experience in structuring, negotiation and completion of legal deals involving business, entrepreneurs, athletes and performers.

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