Previous USC football players Reggie Bush is now suing the NCAA, Pac-12, and USC on the same basic concept a few weeks after past Michigan football players from the 2000s sued the NCAA and Big Ten Network on antitrust grounds for denying them NIL right.
Their cases may face legal defenses that portray the allegations as time-barred and unscrupulous attempts to modify rules that former players accepted as eligibility conditions.
Bush is one of the all-time most prestigious college football players. It’s reasonable to assume that Bush would have been one of the highest-earner college athletes had he been able to use his promotion rights to obtain support deals as a student without breaking any NCAA sportsmanship regulations.

As his 14-page problem facts, the 2005 Heisman Trophy winner played a vital role in the accused earning “millions upon millions of dollars” via his and his Trojans friends ‘ labour and name, image and likeness. Through his attorneys, Evan Selik and Christine C. Zaouk of McCathern LLP, Bush notes that during the period in which he played, the Pac-12 made$ 32.2 million a year for its media rights deal with ESPN, ABC and Fox Sports, and that in 2005 USC and the Pac-12 renegotiated their TV contracts to score a$ 56.7 million increase.
Bush’s problem, which was filed on Monday in Los Angeles County Superior Court, includes allegations that there are unjust enrichment laws in California and the United States. Bush contends that the defendants conspired to obstruct the defendants ‘ trade by putting his NIL at a value of$ 0.
The legal theory pushed by Bush and the four former Michigan players ( Denard Robinson, Braylon Edwards, Michael Martin and Shawn Crable ) owes a great deal to another former college superstar: Ed O’Bannon. O’Bannon sued the NCAA and EA in California for violating competitive and publicity laws, alleging that they conspired to employ people ‘ Nonexistent in video game without their permission or payment. O’Bannon was sided by a federal district court and the United States Court of Appeals for the Ninth Circuit, ruling that NIL restrictions were competitive laws. In his case, position NIL statutes made it necessary for the NCAA to allow players to use their promotion rights without robbing them of their enrollment in 2021.
The defendants did response Bush’s complaint and get its dismissal. There are several good defenses.
For example, nearly two decades have passed since Bush played college basketball. Unjust advancement is typically required to be brought within three decades of their discovery, while competitive states typically have a four-year statute of limitations. The plaintiffs will almost certainly contend that Bush waited far too long to bring a lawsuit against them. O’Bannon brought his case in 2009, and his victory was confirmed on appeal in 2015, so they could argue it was n’t as though Bush lacked notice of potential claims.
Bush’s lawyers try to disseminate a statute of limitations defense in their problem. They argue the alleged breaches are” continuing”, which if accepted by the court may make it more likely Bush’s states are not time-barred. Bush should be entitled to equal ringing of his claims because he” signed aside his title, image, and likeness” when he” signed away his title, image, and likeness”, according to the attorneys.

The plaintiffs are also good to point out that Bush complied with NCAA membership requirements that were in place when he played. In 2021, the NCAA was still insist that the NCAA’s prohibition against players receiving compensation from their publicity was in line with antitrust laws during the Bush administration.
Bush also contends that different courts have rejected the claim that college athletes should be compensated for their TV appearances, even though he claims he is owed compensation for the significant contribution he made to the Pac-12, and USC’s ability to generate TV revenue and attention through his excellent play.
In Marshall et cetera. v. ESPN et al. A complaint brought by college football players for settlement was turned down by Judge Raymond Kethledge of the United States Court of Appeals for the Sixth Circuit in 2016 and refused to comply. According to Kethledge, a system in which players and networks would have to agree, as well as referees, coaches, and fans, would be unsustainable.
Bush is now suing the NCAA in two state. In May, Judge Heather Welch of the Marion ( Indiana ) Superior Court denied the NCAA’s motion to dismiss Bush’s defamation and false light lawsuit. In that case, he contends an NCAA director maligned his popularity in 2021 when saying, in response to a question about Bush and NIL, that “NCAA laws still do not allow pay-for-play type plans”.