4 States, DC Files Lawsuit Against NCAA Over NIL’s Alleged Anti-Competitive Policies

A close-up of the NCAA National Office signage on the glass door, showing the NCAA NIL lawsuit.A close-up of the NCAA National Office signage on the glass door, showing the NCAA NIL lawsuit.
(Photo: Jonathan Weiss/Shutterstock)

NCAA lawsuit overview:

  • Who: Florida, New York and the District of Columbia have joined Tennessee and Virginia in a lawsuit against the National Collegiate Athletic Association (NCAA).
  • Why: The lawsuit alleges that the NCAA’s name, image and likeness (NIL) rules violate federal antitrust law by unfairly preventing athletes from achieving their full earning potential.
  • Where: The NCAA’s amended lawsuit was filed in federal court in Tennessee.

Florida, New York and Washington have joined Tennessee and Virginia in an antitrust lawsuit against the National Collegiate Athletic Association (NCAA) over its name, image and likeness (NIL) rules.

The states claim the NCAA is violating the law by trying to prevent athletes from taking advantage of NIL offers before enrolling in college.

“It is like a coach looking for a new job and being comfortable talking to many different schools, but unable to negotiate salary until he chooses one (the depressing effect on coaches’ pay in such a dysfunctional market is obvious),” the NCAA NIL lawsuit says.

Federal judge issues preliminary injunction to NCAA NIL pending resolution of case

U.S. District Judge Clifton L. Corker issued a preliminary injunction against the NCAA’s NIL rules in February, preventing the NCAA from enforcing those rules before a full ruling on the case is issued.

“While the NCAA allows student-athletes to benefit from their NIL, it does not demonstrate how the timing of a student-athlete entering into such an agreement could defeat the purpose of maintaining amateurism,” Corker wrote.

Last year, a federal judge in California three classes certified in a lawsuit against the NCAA over NIL restrictions and how they prohibit athletes from benefiting from third-party contracts in which schools monetize athletes’ NIL.

Do you think the NCAA NIL rules are unfair to athletes? Let us know in the comments.

Plaintiffs are represented by Thomas R. McCarthy, Cameron T. Norris, David L. Rosenthal and Patrick Strawbridge of Consovoy McCarthy PLLC; Adam K. Mortara of Lawfair LLC; Jonathan Skrmetti, Lacey E. Mase, J. David McDowell, Ethan Bowers, Tyler T. Corcoran and Marilyn Guirguis of the Tennessee Attorney General’s Office; Jason S. Miyares, Steven G. Popps, Tyler T. Henry and Jonathan M. Harrison II of the Office of the Attorney General of Virginia; Ashley Moody, Lizabeth A. Brady, Genevieve Hall and Colin G. Fraser of the Florida Attorney General’s Office; Letitia James, Elinor R. Hoffmann, Amy Mcfarlane and Bryan Bloom of the New York Attorney General’s Office; and Brian L. Schwalb, Seth Rosenthal and Adam Gitlin of the District of Columbia Attorney General’s Office.

The NCAA NIL lawsuit Is State of Tennessee et al. v. National Collegiate Athletic AssociationCase No. 3:24-CV -0003 3-DCLC-DCP, in the United States District Court for the Eastern District of Tennessee, Knoxville Division.

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