Following a loss in a Madden NFL lawsuit, EA Sports now faces more lawsuits for its NCAA Football game.
According to Steve Berman, managing partner of Hagens Berman and the attorney who argued Keller’s case on appeal, the ruling is a pivotal point in the four-year litigation.
“The Court of Appeals confirmed that EA’s defense – the First Amendment claim – was fundamentally and fatally flawed,” Berman said. “We expect that when we appear before the trial court again this fall, the defendants will have a very difficult time mounting a new defense for their blatant exploitation of student-athletes.”
A status call on the case is scheduled for Sept. 5, 2013.
The ruling follows the NCAA’s decision two weeks ago to not renew its licensing relationship with EA when it expires in 2014.
“The ruling, combined with the NCAA’s decision not to renew its license, speaks volumes about the actions of the defendants,” said Berman. “We are confident that EA and the NCAA made millions of dollars at the expense of student-athletes by improperly taking property belonging to the athletes and the athletes alone. This ruling will give us a chance not only to recover the value of the images for the college athletes, but also to punish EA and the NCAA for intentionally profiting off of things they knew were off limits to them.”
