The 9th U.S. Circuit Court of Appeals will hear oral arguments in March on the NCAA’s appeal of a federal court decision that would allow student athletes to be paid unlimited costs for play, as long as it is tied to education.
Both the NCAA and college conference defendants, as well as the student athletes led by former West Virginia running back Shawne Alston, are appealing last year’s decision by U.S. District Court Judge Claudia Wilken. Wilken permanently enjoined the NCAA “from agreeing to fix or limit the compensation or benefits related to education” from the conferences or schools to Division I basketball and football student athletes.
The plaintiffs’ attorneys have estimated that D-I football and basketball players could be receiving overall as much at $200 million a year in added benefits tied to education, under Wilken’s decision, but that has been held up on appeal.
A three-judge panel will hear oral arguments the week of March 9 at the circuit court in San Francisco, although an exact time and date had not been set at press time. The panel consists of judges Sidney Thomas, Ronald Gould and Milan Dale Smith Jr.
The NCAA seeks to have the injunction vacated and the decision overturned. The student-athlete plaintiffs, meanwhile, are asking the panel to affirm Wilken’s decision and grant relief beyond what she gave them.
“What we are asking for is relief that would strike down all of the NCAA rules without limitation and let the individual conferences have their own authority to decide what rules to have,” said Jeffrey Kessler, a partner at Winston & Strawn and one of the lead attorneys for the student athletes.
That relief, if granted, the NCAA has argued, could create a free market for student athletes’ playing services.
“Our hope is that we could get a decision by the summer,” Kessler said.
Maxx Lepselter (right) is joined by his father, Mark, who encouraged him to start his own representation practice.Courtesy of Mark Lepselter
■ MAXX SIGNS NFL PLAYER CLIENTS: Maxx MGMT has signed Alabama cornerback Trevon Diggs, a projected high NFL draft pick, as well as several veteran NFL players, including Baltimore Ravens Pro Bowl linebacker Matt Judon, for marketing and off-the-field endeavors.
Maxx MGMT has also signed Denver Broncos safety Justin Simmons, Carolina Panthers cornerback James Bradberry, Green Bay Packers guard Elgton Jenkins, Seattle Seahawks offensive lineman D.J. Fluker and Atlanta Falcons safety Keanu Neal in the last few months. Agency founder and President Maxx Lepselter is representing the players.
Lepselter founded the agency in January 2018 to represent athletes in all areas, other than playing contract work. Maxx is the oldest son of veteran broadcasting agent Mark Lepselter, who founded and owns Maxx Sports Entertainment Group.
“Maxx Sports Entertainment was actually named after me when I was a kid and my father was just breaking into the industry,” Maxx Lepselter said. He said he enjoys the mentorship and expertise of his father’s experience, and the two companies do some business together, but they are separate companies.
“As a father, there is nothing more gratifying than seeing your kids set out on their own path,” Mark Lepselter said. “My advice to Maxx was to go into his own business, because that’s what I felt was best for him and his personality. Now he just has to keep building on the foundation he has put in place thus far.”
Maxx Lepselter has signed more than 20 NFL player clients in the last year, including Houston Texans running back Duke Johnson, New Orleans Saints cornerback Janoris Jenkins, Los Angeles Chargers linebacker Denzel Perryman and Detroit Lions linebacker Devon Kennard.
“The cool thing about Devon Kennard — and Justin Simmons — is they are both up for the man of the year award, so we are working on their philanthropic endeavors,” Maxx Lepselter said.
