Judge denies injunction for four
players suing NCAA in North Carolina court
[April 23, 2025]
By BOB SUTTON
RALEIGH, N.C. (AP) — A judge denied a preliminary injunction Tuesday
sought by four college football players who had sued to gain an
additional season of eligibility.
Judge Matthew Houston said the evidence was “not sufficient” while
ruling from the bench following a three-hour hearing in North
Carolina Business Court. That came in response to similar lawsuits
filed by former Duke football players Ryan Smith and Tre’Shon
Devones, as well as another from former Duke player Cam Bergeron and
ex-North Carolina player J.J. Jones. The hearing involved all four
players.
Their complaints sought to prevent the NCAA from following its
longstanding policy of having athletes complete four years of
eligibility within a five-year window.

Attorneys for the players argued they warranted an additional year
because of circumstances presented in the filings, which had claimed
their careers were derailed by injuries, ailments and personal
difficulties. The athletes claimed the loss of potential earnings —
$100,000 to $500,000 — stem from rules that now allow athletes to
profit from using their name, image and likeness (NIL).
Smith and Devones had competed in five seasons, while Bergeron and
Jones participated in four seasons across a four-year period.
Robert Boland, an attorney for the players, argued that the current
eligibility structure serves no practical purpose and that an
injunction would do little harm to the NCAA.
The NCAA denied a waiver for the three Duke players in a decision
passed along Monday. Jones’ waiver request is pending after the NCAA
requested more information.
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In court, their attorneys challenged the NCAA’s
five-year eligibility window. Because athletes didn’t use a season
of eligibility during the 2020-21 school year and the possibility
that the NCAA adjusts its eligibility rules allowing for five years
of competition, the lawyers said that Bergeron and Jones were in a
disadvantaged group.
“They will be of a lost generation,” attorney Diana
Florence said.
The players’ attorneys stressed the importance of urgency in a
ruling because the NFL draft will be held later this week. Undrafted
players are likely to agree to pro contracts by the end of the
weekend, and that would effectively make them ineligible to play
again collegiately.
All four players declined interviews outside the courtroom.
These lawsuits come amid relaxation of NCAA rules that have allowed
for free player movement through the transfer portal in addition to
income opportunities to profit through NIL. Those factors have led
to some athletes seeking to stay for additional college seasons. The
COVID-19 pandemic led to college athletes receiving an additional
year of eligibility if they anticipated playing in the 2020-21
academic year, but those opportunities largely expired with the
2024-25 season.
In recent days, numerous basketball players who’ve exhausted
eligibility have requested to enter the transfer portal in what have
been described as attempts to be in line should eligibility rules
become altered.
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