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Oliver v. NCAA

Erie County Court of Common Pleas, State of Ohio

920 N.E.2d 203 (2009)

Relevant factsFree

College pitcher Oliver (plaintiff) hired attorneys, including Tim Baratta, who was present when the Minnesota Twins made him a professional offer he ultimately declined to stay at Oklahoma State; after Oliver later fired the Barattas, they billed him heavily and reported the meeting to the NCAA (defendant), which suspended Oliver for violating Bylaw 12.3.2.1, barring an attorney's physical presence during such offers as improper "agent" representation. Oliver won a temporary injunction reinstating his eligibility, the NCAA imposed a reduced suspension anyway, and Oliver sought a permanent injunction against enforcement of the bylaw.

IssueFree

Whether an NCAA bylaw that hinders legal representation on behalf of a student-athlete is arbitrary and capricious and therefore void.

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