Thursday, November 7, 2013

Bloom v. National Collegiate Athletic Association case brief

Bloom v. National Collegiate Athletic Association case brief summary
93 P.3d 621 (2004)


CASE SYNOPSIS
Plaintiff student sought review of an order from the Boulder County District Court (Colorado), which awarded judgment to defendants, the National Collegiate Athletic Association (NCAA) and a university, in an action for declaratory and injunctive relief. The student sought a waiver of NCAA rules restricting student athlete endorsement and media activities.

CASE FACTS
The student was recruited to play football at the university. The NCAA denied the university's request for waivers of NCAA rules restricting student athlete endorsement and media activities. The student brought an action against the NCAA for declaratory and injunctive relief, asserting that his endorsement, modeling, and media activities were necessary to support his professional skiing career. The trial court ordered the university joined as an indispensable party. The trial court determined that, although the student was a third-party beneficiary of the NCAA bylaws, he was not entitled to injunctive relief.

DISCUSSION

  • On appeal, the court found that the trial court did not abuse its discretion in failing to fault the NCAA for refusing to waive its rules, as requested by the university, to permit the student to pursue television and film opportunities while he was a student athlete at the university. 
  • The student failed to demonstrate any inconsistency in application that would lead the court to conclude that the NCAA was arbitrarily applying its rules. 
  • The student was properly denied injunctive relief, because he failed to demonstrate a reasonable probability of success on the merits.

CONCLUSION
The court affirmed the order of the trial court.

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