Andrew Oliver case cited in Mike Balogun suit

Jake Trotter Published: August 20, 2009
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Oklahoma State pitcher Andy Oliver’s lawsuit against the NCAA is becoming a landmark case.

Attached to Oklahoma linebacker Mike Balogun’s lawsuit against the NCAA is a copy of Oliver’s suit.


Highlighted in Oliver’s case by Balogun’s attorney, Woody Glass, is NCAA bylaw 19.7, which essentially states that if a student athlete is granted a court restraining order against the institution or the NCAA and that order is later vacated, the NCAA has the right to seek restitution against that institution.

In other words, if Balogun were granted a permanent injunction against the NCAA and played this year, only to see the injunction successfully appealed by the NCAA, the NCAA, according to bylaw 19.7, reserves the right to punish the institution for letting the player participate.

Oliver’s attorney called that bylaw "arbitrary and capricious.”

Oliver was eventually reinstated to the OSU baseball team after an Ohio judge tossed out the NCAA rule that prevents college baseball players from hiring advisers who are in direct contact with big league clubs.


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