A U.S. district judge has dismissed a class-action lawsuit brought by former Michigan football players against the NCAA and Big Ten Network that alleges the “wrongful” use of their name, image and likeness.
The federal lawsuit was filed in September 2024 in U.S. District Court of Eastern Michigan and includes “all persons who were NCAA student-athletes prior to June 15, 2016, whose image or likeness has been used in any video posted by or licensed by” the NCAA and Big Ten Network, along with any of the network’s related affiliates. The complaint includes more than 300 former Wolverines who played from 1969-2015, including prominent players such as Braylon Edwards, Denard Robinson, Mike Martin and Mark Messner. They are seeking more than $50 million in compensation for what they believe is decades of unlawful use of NIL without their permission.
The group is represented by Jim Acho of the Livonia-based law firm Cummings, McClorey, Davis & Acho, PLC. Acho said he plans to appeal in October to the Sixth Circuit Court of Appeals in Cincinnati.
“Disappointed but not deterred,” Acho told MLive after U.S. District Judge Terrence Berg granted the defendants’ motion to dismiss the case on Friday.
“For the last hundred years, some of the most notable sports law cases have had to go to either Courts of Appeals or even the U. S. Supreme Court. This is an uncharted area in terms of law. I don’t think the judge misunderstood our argument. I think no judge wants to be the first to allow these cases to go forward because it’s going to open the floodgates again after House already settled NIL cases.”
Berg’s dismissal of the case comes on the heels of the $2.8 million House settlement in June. The landmark ruling opens the door for former student-athletes between 2016-24 to receive a portion of the $2.8 billion in back pay.
The House settlement does not include student-athletes prior to 2016, but the class action filed by Acho claims the defendants violated federal antitrust laws by restricting NIL compensation.
However, in Berg’s ruling, he said the lawsuit was filed too late and falls outside the statute of limitations. Plaintiffs generally face a four-year window to bring claims under U.S. antitrust law.
Other similar NIL lawsuits also have had similar outcomes. In July, a federal judge dismissed former Ohio State quarterback Terrell Pryor’s suit against the NCAA and OSU. Another antitrust lawsuit that had been brought against the NCAA by several former college basketball players was dismissed in April.
However, Acho is still optimistic about their case. He said he didn’t get a chance to present oral arguments before the case was dismissed but he will be given the opportunity in Sixth Circuit Court of Appeals.
Acho has successfully represented former NFL players such as Gale Sayers, Pat Summerall and Lem Barney in concussion class action lawsuits, winning several on appeal.
“I think it’s the wrong decision, and (Berg) did not apply the law correctly,” Acho said. “I’m hoping the Sixth Circuit will. He just dismissed it right from the jump because these judges are afraid. None of them wants to be the first to let the NIL cases on behalf of pre-2016 guys move forward because they’re afraid of reopening the floodgates. That’s what this is. But ultimately, that can’t be my concern. The courts have to apply the law as it is. My hope is, if we get the right panel at the Sixth Circuit, they will do the right thing.”