USA – Oklahoma State University pitcher Andrew Oliver’s battle with the NCAA hit the court room on Monday when his case went to trial in an Ohio court.

Oliver is suing the NCAA for damages and to have his eligibility restored. Oliver’s lawyer also will challenge the NCAA rules that outlaw agents. The trial starts today.

The NCAA suspended the talented pitcher last year just hours before Oliver was slated to pitch in a post-season matchup. A barrage of legal maneuvers proceeded with Oklahoma State filing an appeal that resulted in the NCAA restoring Oliver’s eligibility and reducing his suspension to 70 percent from a full season.

Erie County Judge Tygh M. Tone denied an NCAA motion for summary judgment and expedited ruling on the eve of Christmas while also splitting the case into two parts. Today, a judge was scheduled to hear the first half of the case (the declaratory and injunctive claims to void the agent and restitution rules) which Oliver’s attorney Richard Johnson hopes will restore his client NCAA eligibility.

The second part of the case, to be tried by a jury at an undetermined date, involves the star pitcher’s breach of contract and tortuous interference with contract claims.

Oklahoma State and Oliver are in court in hopes of overturning the NCAA 40-game suspension of the pitcher for the upcoming 2009 season.

Oliver, a 21-year-old left-hander, was 7-2 with a 2.20 earned run average for Oklahoma State in 2008.

Photo by Mike Fitzpatrick

Tags: NCAA