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Colleges Sports Law

They Still Won’t Let Andy Play

Andy OliverIt all started with a simple post with the title, Let Andy Play.  I was lucky enough to be privy to some inside information before many large publications heard any word concerning the indefinite suspension of Oklahoma State pitcher, Andy Oliver, in this year’s baseball NCAA Tournament.  In the beginning, it was a battle of Andy vs. his former agents, the Baratta brothers, for supposedly defaulting on unpaid advisor fees.  In the conclusion of my first post on the issue, I said, I beg that the NCAA scrap Andrew Oliver’s indefinite suspension.  That was my main concern: To just let Andy play.  But the NCAA did not heed my words.

Andy’s team of attorneys filed a complaint against the NCAA, which resulted in a temporary restraining order (TRO) issued against the association (meaning that the NCAA had to immediately reinstate Andy Oliver’s collegiate eligibility.  The NCAA then filed a motion to dismiss the complaint, which was denied last Friday (December 12).  The Court’s opinion did say that Andy and his attorneys must join Oklahoma State University to the complaint; however, since OSU is a necessary party and its presence is needed for a determination of the entire controversy. Since OSU has the final say in whether Andy is athletically eligible to play baseball, he will have to join OSU as a defendant in the upcoming case.

Mark your calendars for January 5th, because a matter that I once assumed would be settled before ever going to court may now make its way to the bench.  If the case is heard, it has the potential to bring the NCAA down a few pegs.  The Court has already noted that there is a contractual relationship between the NCAA and its student-athletes.  What is left to determine is whether that relationship has been breached and if compensatory and punative damages should be awarded.  If punative damages end up being granted, it will really hurt the NCAA.  The damages could reach large numbers if a court finds that the NCAA has been using a strong hand against many potential plaintiffs who never had the resources or the will to go after its potential violations in its contractual relationships.  As far as compensatory damages go, Andy was not making any money as a collegiate athlete, but he may be compensated for any pain and suffering relating to sitting out of playing for his competitive team and potential loss of valuable “growing time” as an athlete in a very competitive market.

This should be a very interesting case to follow.  If only all parties would have just let Andy play in the beginning…

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.

One reply on “They Still Won’t Let Andy Play”

Is it mentioned anywhere that the law firm essentially took 2 months (322 hours) of full time work to tell a kid not to accept a contract and to go to college? I’d be embarrassed if I was the Baratta Law Firm.

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