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139 F.3d 180 *; 1998 U.S. App. LEXIS 4694 **; 1998-1 Trade Cas. (CCH) P72,084; 40 Fed. R. Serv. 3d (Callaghan) 489
R. M. SMITH, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Renee M. Smith, Appellant
Subsequent History: [**1] Counsel Corrected March 25, 1998.
Certiorari Granted September 29, 1998, Reported at: 1998 U.S. LEXIS 4651.
Prior History: On Appeal from the United States District Court for the Western District of Pennsylvania. (D.C. Civ. No. 96-01604).
Disposition: Affirmed the district court's dismissal of appellant's Sherman Act claim, vacated its dismissal of the Title IX claim, and reversed the district court's denial of her motion for leave to amend her complaint with respect to her Title IX claim. Remanded to the district court for further proceedings consistent with this opinion and direct the district court to reinstate her state law contract claim, over which the district court declined to exercise jurisdiction pursuant to 28 U.S.C. § 1367(c).
district court, federal funds, athletics, Sherman Act, recipient, intercollegiate, amend, bylaw, institutions, Postbaccalaureate, eligibility requirements, student-athlete, receives, federal financial assistance, eligibility rules, anti trust law, procompetitive, allegations, proposed amended complaint, failure to state a claim, education program, promulgation, television, futile, sports, motion for leave, leave to amend, anticompetitive, undergraduate, eligibility
Civil Procedure, Justiciability, Mootness, General Overview, Education Law, Gender & Sex Discrimination, Title IX, Remedies, Appeals, Standards of Review, De Novo Review, Dismissal, Involuntary Dismissals, Failure to State Claims, Judgments, Pretrial Judgments, Judgment on Pleadings, Abuse of Discretion, Pleadings, Amendment of Pleadings, Leave of Court, Antitrust & Trade Law, Regulated Industries, Higher Education & Professional Associations, Colleges & Universities, Monopolies & Monopolization, Conspiracy to Monopolize, Sherman Act, Sherman Act, Athletics, Scope of Title IX, Protected Individuals, Parties, Pro Se Litigants, Pleading Standards, Responses, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim