The O’Bannon Decision and the ‘Ancillary Restraints’ Doctrine


Joel Chefitz and Chelsea Black wrote this bylined article discussing why a California District Court’s recent decision (O’Bannon v. National Collegiate Athletic Association) holding that student-athletes can be paid for the use of their names and likenesses may be incorrect and subject to reversal. The authors called the decision “a thoughtful analysis,” but wrote that its dismissal of the Supreme Court’s treatment of amateurism in NCAA v. Board of Regents, plus a failure to require the traditional prerequisites for injunctive relief, means the district court “may have committed reversible error … [that] exposes the opinion on appeal.” Read the full article