Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Bowers v. National Collegiate Athletic Association

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


November 2, 2000

MICHAEL BOWERS, PLAINTIFF,
V. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, ACT, INC., NCAA INITIAL-ELIGIBILITY CLEARINGHOUSE, TEMPLE UNIVERSITY OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION, UNIVERSITY OF IOWA, AMERICAN INTERNATIONAL COLLEGE, DEFENDANTS.

The opinion of the court was delivered by: Stephen M. Orlofsky United States District Judge

HON. STEPHEN M. ORLOFSKY

ORDER

This matter having come before the Court on the motions of Defendants National Collegiate Athletic Association, ACT, Inc., NCAA Initial Eligibility Clearinghouse, Temple University of the Commonwealth System of Higher Education, University of Iowa and American International College, for summary judgment, pursuant to Federal Rule of Civil Procedure 56(c), Barbara E. Ransom, Esq. Of the Public Interest Law Center of Philadelphia, Penelope A. Boyd, Esq., and Richard L. Bazelon, Esq. of Bazelon & Less, appearing on behalf of Plaintiff Michael Bowers, and Charles J. Vinicombe, Esq., J. Freedley Hunsicker, Jr., Esq., John Schultz, Esq., Julianne Peck, Esq., Amy E. Pizzutillo, Esq. of Drinker, Biddle & Shanley LLP, appearing on behalf of Defendant National Collegiate Athletic Association, and Robert A. Burgoyne, Esq., Karen M. Moran, Esq. of Fulbright & Jaworski LLP, Nicholas M. Kouletsis, Esq. of Pepper, Hamilton, LLP, appearing on behalf of Defendant ACT, Inc. and NCAA Initial Eligibility Clearinghouse, and Mark Schantz, Esq., Andrew Ives, Esq. of Office of the General Counsel of the University of Iowa, and Thomas J. Miller, Esq., Attorney General, Gordon E. Allen, Esq., Deputy Attorney General, Office of the Iowa Attorney General, William O. Perkins, Jr., Esq., Margulies, Wind, Herrington & Knopf, P.C., appearing on behalf of Defendant University of Iowa, and John B. Langel, Esq., Abigail L. Flitter, Esq. of Ballard Spahr Andrews & Ingersoll, LLP, appearing on behalf of Defendant Temple University of the Commonwealth System of Higher Education, and Thomas C. Hart, Esq. of Ruprecht & Hart, LLP, appearing on behalf of Defendant American International College; and

The Court having considered the submissions of the parties, for the reasons set forth in the OPINION filed concurrently with this ORDER;

IT IS, on this 2nd day of November, 2000, hereby ORDERED that:

1. The motions for summary judgment of Defendants National Collegiate Athletic Association, American International College, Temple University of the Commonwealth System of Higher Education, and University of Iowa are DENIED on Bowers's Count I (Americans With Disabilities Act).

2. The motions for summary judgment of Defendants National Collegiate Athletic Association, American International College, Temple University of the Commonwealth System of Higher Education, and University of Iowa are DENIED on Bowers's Count II (Rehabilitation Act).

3. The motion of Defendant ACT, Inc. and NCAA Initial Eligibility Clearinghouse for summary judgment is GRANTED on Bowers's Count II (Rehabilitation Act).

4. The motions for summary judgment of Defendants National Collegiate Athletic Association and ACT, Inc. and NCAA Initial Eligibility Clearinghouse on Bowers's Count IV (New Jersey Law Against Discrimination) are DENIED WITHOUT PREJUDICE.

5. The motion for summary judgment of Defendant ACT, Inc. and NCAA Initial Eligibility Clearinghouse is GRANTED on Bowers's Count VI (Breach of Contract).

6. Defendants' challenges to standing and the recoverability of damages are DENIED IN PART AND GRANTED IN PART, GRANTED with respect to the argument that damages for loss of a future athletic career are too speculative but DENIED in all other respects.

7. Plaintiff and Defendants will have twenty days from the date of this order to submit further briefing on Bowers's Count IV (New Jersey Law Against Discrimination), the briefing will address those issues detailed in the Opinion filed concurrently with this Order.

8. Plaintiff's motion to file a surreply is GRANTED.

20001102

© 2000 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.