The Latest: Lawyer laments university attempt to spike suit
COLUMBUS, Ohio (AP) The Latest on Ohio State’s request that a judge dismiss a former football star’s antitrust lawsuit (all times local):
The attorney for one of Ohio State’s most famous football stars says he’s disappointed the university is trying to get a judge to throw out a lawsuit alleging the university used ex-athletes’ photos without permission.
The class-action suit by former linebacker Chris Spielman seeks compensation for the former athletes and an end to marketing programs that capitalize on them.
Attorney Brian Duncan says he’s disappointed Ohio State ”took a defensive position instead of trying to resolve the underlying claims.”
University spokesman Chris Davey says Ohio State believes Spielman has made legally and factually unfounded claims, and court rules require the university to respond to the lawsuit.
Ohio State’s athletic director says the university is committed to resolving a dispute over a banner display that featured photos of several former sports stars.
Gene Smith says the filing of a lawsuit by former football great Chris Spielman doesn’t change the university’s commitment to that resolution.
Smith said Tuesday the banners were removed months ago after the university determined the athletes pictured on them hadn’t been contacted in advance.
Smith made his comments despite a request by the university to dismiss the lawsuit Spielman filed earlier this summer.
University spokesman Chris Davey said Ohio State believes Spielman has made legally and factually unfounded claims and court rules require the university to respond to the lawsuit.
Ohio State is asking a judge to throw out a lawsuit by one of its most famous football stars who alleges the university used ex-athletes’ photos without permission and robbed them of compensation.
The suit was filed this summer by former linebacker Chris Spielman.
Among programs targeted by the lawsuit is a Honda-sponsored collection of 64 banners hung around Ohio Stadium featuring photos of former players, including Spielman.
The class-action lawsuit wants the marketing programs stopped and the ex-athletes compensated.
The university on Monday asked federal Judge Michael Watson to dismiss Spielman’s lawsuit, saying it’s not a matter for federal court.
The university also says Spielman hasn’t met the legal burden required in antitrust lawsuits.