Ezekiel Elliott's lost NIL earnings lawsuit faces dismissal bid citing Terrelle Pryor precedent

Former Ohio State running back Ezekiel Elliott is fighting to keep his lost NIL earnings lawsuit alive after the NCAA moved to dismiss it, citing the recent dismissal of a nearly identical case brought by former Buckeye Terrelle Pryor as a key precedent. The NCAA argues Elliott waited more than ten years after his final college game to sue, exceeding the applicable four-year statute of limitations, while Elliott contends the continuing violation doctrine applies because his NIL is still being used commercially today. Elliott's complaint, filed under California's Cartwright Act, alleges the NCAA, Big Ten, and member schools conspired to set the price of his NIL at zero while profiting from his likeness in ads, broadcasts, jersey sales, and to attract subscribers to the B1G+ platform. The case is one of many brought by pre-2021 college athletes who were barred from earning NIL compensation under NCAA eligibility rules in effect when they played.

Decisions in lost NIL earnings cases set important precedent for potentially thousands of former college athletes who played years ago, some of whom might have been able to land lucrative NIL deals.
From Sportico

Why it matters

For brands: Companies that have licensed or used college athlete likenesses in merchandise, media, or digital platforms before 2021 should watch whether courts expand the window in which such use can generate new legal claims.

For athletes: Former college athletes who played before the 2021 NIL policy change and believe their likenesses were commercially exploited without compensation may have their ability to seek legal recourse shaped by how courts rule on the statute of limitations and continuing violation…

For collectives: The outcome could signal whether universities and conferences face broad financial liability to a large class of pre-NIL-era athletes whose likenesses were used in broadcasts, merchandise, and promotional platforms.

Read the full story at Sportico

Sources

Sportico · Michael McCann: Can Ezekiel Elliott Keep His NIL Lawsuit Alive? NCAA Says No

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