Federal judge again dismisses former Michigan football players' NIL antitrust lawsuit as too late
A federal district judge has rejected a bid by four former University of Michigan football players — Denard Robinson, Braylon Edwards, Michael Martin and Shawn Crable — to revive their lawsuit alleging that the NCAA, the Big Ten conference, and its television network unlawfully denied them NIL compensation. Judge Terrence Berg ruled that federal antitrust claims must be filed within four years of the wrongful act, and because the players last signed away their publicity rights no later than 2012, their 2024 lawsuit was filed far outside that window. The players had argued that the defendants' continued use of their likenesses after they left Michigan constituted ongoing violations that should reset the clock, but Berg rejected that theory, finding that such continued use affects only the size of potential damages rather than the limitations period. Berg noted that no lost-NIL lawsuit in U.S. courts has yet succeeded, and the players retain the option of appealing to the Sixth Circuit.
As Berg also noted, none of these "lost NIL" cases in U.S. courts has proven successful.
Why it matters
For service providers: Advisors working with athletes on legacy NIL claims should note that courts have consistently rejected continuing-violations theories as a way around the four-year antitrust limitations period.
For athletes: Former college athletes who played before NIL rules changed face a firm statute-of-limitations barrier that has so far prevented any lost-NIL antitrust claim from succeeding in court.
For collectives: The ruling reinforces that the NCAA's pre-NIL era publicity-rights practices are effectively shielded from legal challenge by timing rules, limiting potential liability exposure.
Read the full story at Sportico
Sources
- Sportico · Michael McCann: Former Michigan Football Players’ NIL Lawsuit Sacked Again