Judge William Campbell of M.D. Tenn. -- the judge who in December granted Diego Pavia a preliminary injunction to allow him to play this season -- has denied a motion for similar relief by four other players: Christopher Bellamy, Demarcus Griffin, TJ Smith, and Targhee Lambson.
Judge Campbell noted while the plaintiffs relied heavily on Pavia, there are differences between the two cases -- namely that Pavia still had a year in his five-year clock and these players do not.
However, he punted on whether the five-year rule is legal.
Instead, he found that the delay in filing this case shows that they cannot prove irreparable harm, as they could not show their harm is tied to playing this season. While Pavia showed that he needed immediate relief to negotiate NIL deals, these players did not.
But while this is a win for the NCAA, it may be a Pyrrhic one. Because there's one line that *really* stood out: Judge Campbell agrees that his reasoning in Pavia "would likely apply to the five-year eligibility rule" as well.
That's not great for the NCAA.
So a procedural win for the NCAA. But one that may honestly provide something of a roadmap for players in similar challenges in the future... at least in front of this judge.
(Your mileage may vary in other courts, given how dang inconsistent judges have been in these cases)
In other words, this judge is not saying "The Five-Year Clock rule is legal" -- he's saying "Why did you wait so long?"
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So as one might have guessed, the opinions in the Ohio (transfer portal) and Tennessee (pre-enrollment NIL negotiations) are going to loom large as important precedent here.
In advance of a Thursday motion hearing that will decide whether their case will get transfered in and consolidated with House/Carter, the plaintiffs in the Fontenot v. NCAA antitrust case in Colorado filed a very interesting "Notice of Subsequent Developments" this afternoon. 🧵
As one would expect, the notice is all about the widely reported settlement talks. The plaintiffs here state that while the NCAA argues the claims in Fontenot will be decided in the accompanying Carter case, the settlement it'll be likely that case isn't decided on the merits.
BREAKING: Last month, a federal district court in PA denied a group of schools' motion to dismiss a claim by college athletes that they are employees of their attended schools under federal wage and hour law.
Today, the court denied a motion to dismiss by the *NCAA* as well. 🧵
The plaintiffs in this case had argued that the NCAA -- as well as a group of non-attended schools in the jurisdiction -- function as joint employers with the attended school.
The court largely granted the motion to dismiss by the schools but denied the NCAA's motion to dismiss.
Here is the thread on the original decision regarding the "attended" schools (including Villanova, though as a correction, it ended up not just being Villanova and not just being football).
BREAKING: Eastern District of Pennsylvania denies motion to dismiss minimum wage/overtime lawsuit filed by Villanova football players. More to come.
Alston has affected intercollegiate sports law in a BIG way.
I'm reading this super quickly because I have to run to teach in a few minutes (will come back in more detail later), but the court is throwing out more nebulous discussions of college athlete employment and applying the internship test from Glatt. And...