U.S. District Judge Claudia Wilken denied the NCAA's request to dismiss the Ed O'Bannon antitrust lawsuit and concluded that a 1984 U.S. Supreme Court ruling used by the NCAA to preserve amateurism is inapplicable.
Judge Wilken found that none of the NCAA's arguments for dismissal provides grounds for dismissing the claims "at this stage." Wilken has not ruled as of yet on the class certification issue which was argued before her this summer. The NCAA has previously said it will fight all the way to the Supreme Court.
John Solomon, of the The Birmingham News-al.com, who has covered the O'Bannon case extremely well, posted an article on the ruling late last week. Included in the article is the opinion. Click on the link below for the post.