Saturday, November 9, 2013

Oliver v. NCAA case brief

Oliver v. NCAA case brief summary
920 N.E.2d 203 (2009)


CASE SYNOPSIS
Plaintiff college baseball player filed an action against defendant athletic association seeking a declaratory judgment and a permanent injunction in a dispute concerning the association's bylaws.

CASE FACTS
A former attorney attended a meeting between the player, his father, and a professional baseball team. The player rejected an offer to play for that team and decided to attend college in Oklahoma on a full scholarship instead. After the association was told of the meeting, the player was suspended. This action followed.

DISCUSSION

  • In granting the requested relief, the common pleas court noted that there was no choice of law issue presented because there was no Oklahoma law, rule, or statute set forth that was in contradiction to Ohio law.
  •  Even though there was no contract between the parties, an action for breach of contract could have been brought by the player because he was an intended third-party beneficiary. 
  • Because a bylaw was arbitrary, it was a violation of the covenant of good faith and fair dealing that was implicit in the contract. 
  • An interference with a contract claim relating to the contract between the player and his new attorney failed. 
  • However, there was tortious interference relating to the contract between the player and the college. 
  • The common pleas court determined that the player would have suffered irreparable injury, loss or damage if injunctive relief was not granted.

CONCLUSION
The requests for a permanent injunction and declaratory relief were granted.

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