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OSU Pitcher Sues NCAA and Former Advisor

By Rick Karcher, Michael McCann, Geoffrey Rapp, Greg Skidmore, and Howard Wasserman

On June 17th, I discussed the situation involving Oklahoma State pitcher Andy Oliver and the NCAA's decision in late May to declare him ineligible after he received a bill for $113,000 from his advisor, MLB certified agent Robert Baratta, whom Oliver recently terminated. One week later, Oliver filed a complaint in the Common Pleas Court in Erie, Ohio against Baratta and the NCAA.

According to the allegations in the complaint, Oliver has been suspended indefinitely by the NCAA. The complaint also alleges that there is no document evidencing the reason for the NCAA's indefinite suspension, but that Oliver has been told by OSU that the basis for the suspension is that he violated the NCAA's "no agent rule" by allowing his former advisor to make contact with the Minnesota Twins following the 2006 MLB draft (the Twins drafted Oliver in the 17th round that year as a graduating high school senior). The complaint asserts claims of breach of contract, breach of fiduciary duty and negligence against his former advisor, and breach of contract and tortious interference with contract against the NCAA.

Full post as published by Sports Law Blog on July 05, 2008 (boomark / email).