No Sign Of A Final Whistle For NCAA Eligibility Suits

Irwin Kishner, co-chair of Herrick's Sports Law Group and co-chair of Herrick's Corporate Department, was quoted in Law 360 in an article discussing recent court battles involving NCAA eligibility suits. The NCAA's rule allows "five seasons of competition within a five-year window that begins at first full-time college enrollment or the academic year after the athlete turns 19, whichever comes first."  Student athletes have brought a number of lawsuits challenging the NCAA's rule on a variety of grounds, including that the rule is contrary to antitrust laws, that it is arbitrary and cuts short careers and that it unfairly excludes members of certain graduating classes, among others.  

The "massive sums of money" involved with college sports also factors into the picture. This includes direct revenue sharing with the schools and commercial and third party deals compensating athletes for their name, image and likeness. 

"The hot issue, and the reason you're seeing a lot more litigation activity, is because of NIL," said Irwin. "It's obvious that, when meaningful dollars and cents are at stake, that would have the consequence of causing people to figure out ways to receive appropriate compensation."

In addition, there are opportunities that are lost beyond the NIL deals, including what may be an athlete's last opportunity to compete in a sport at a high level or the foreclosing of future chances to play professionally.

"There is this level of urgency simply because an athlete's career is a waning asset," Irwin said. "You can't just sit out for two season and think everything is going to be hunky-dory." 

Read the full article in Law360 here. Access may require a subscription.