In other legal maneuvering, the O'Bannon plaintiffs decided not to pursue individual monetary damages, as they had been. That would have meant a jury trial instead of having Wilken, who is overseeing the case, make a decision on the injunction. The NCAA had been seeking a jury trial.
The NCAA released this statement to CNBC from Donald Remy, the NCAA's chief legal officer: "Although the plaintiffs' eleventh-hour change in strategy has denied a jury the opportunity to decide the important issues in the O'Bannon litigation, we are prepared for trial and look forward to presenting our case to the Judge. At the same time, we will continue to prepare for a jury trial in the Keller case that is scheduled for March."
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The lead counsel for O'Bannon, Hausfeld LLP, issued this statement to CNBC in December when asked for a comment on the case:
"The NCAA's rules that prohibit payment to student-athletes for the use of their names, images, and likenesses may have served a purpose in another era.
"But in this era of the commercialization of college sports and multi-million dollar broadcast contracts, these rules only serve to exploit the very student-athletes that generate the millions of dollars that pad the pockets of the NCAA.
"There is a growing public recognition that the NCAA's business practices are unfair and we look forward to proving in a court of law that they must be changed."