The deluge of litigation targeting the
The 120-page lawsuit seeks an injunction to prevent the NCAA and five conferences also named as defendants -- the
“The NCAA thus arbitrarily restricts athletics financial aid to amounts that are less than the athlete would receive in a competitive market,” the lawsuit said.
In Alston’s four years at West Virginia, the lawsuit said, his scholarship covered “substantially less” than the actual cost of attendance each year. The exact gap wasn’t specified. But it resulted in Alston obtaining a $5,500 loan before his senior year in 2012-13 to cover costs the scholarship didn’t.
“Rather, the NCAA’s athletics grant-in-aid cap is simply a cost containment mechanism that enables the NCAA and its member institutions to preserve more of the benefits of their lucrative enterprise for themselves,” the lawsuit said.
Alston is represented by Hagens Berman Sobol Shapiro LLP, no stranger to sparring with the NCAA. The firm is also involved in concussion litigation against the organization that’s in mediation and Ed O’Bannon’s long-running lawsuit that’s scheduled for trial in June.
Alston, who retired from football after the New Orleans Saints cut him in June 2013, sued
The Birmingham News first reported Wednesday’s lawsuit.
The complaint goes on to assert that if not for the NCAA cap, colleges would compete against each other and likely offer athletes scholarships in excess of the actual cost of attendance.
“We just received a copy of the complaint and are evaluating it as it relates to similar cases filed by the very same plaintiffs’ counsel,” NCAA chief legal officer Donald Remy said in an emailed statement.
In a statement released by his attorneys, Alston said he believed the NCAA should stand for fairness and all involved should share in the economic success.