Court Victory for Nevada Running Back in NCAA Eligibility Dispute, as Decisions Diverge on Similar Cases
In a recent development, Federal Judge Miranda M. Du blocked the NCAA from rendering University of Nevada wide receiver Cortez Braham Jr. ineligible for what will be his seventh season in college sports. This decision is part of an ongoing antitrust lawsuit challenging the NCAA's five-year eligibility rule.
Judge Du's ruling aligns with earlier favorable outcomes for players like Braham Jr. who challenged the five-year rule, recognizing the NCAA’s eligibility limits as subject to antitrust scrutiny under the Sherman Act. The court found that Braham is part of a labor market for D-I college football and that eligibility rules are "commercial" in nature and thus subject to antitrust scrutiny when they restrain economic opportunities.
However, this ruling contrasts with the U.S. Court of Appeals for the Seventh Circuit's decision in the case of Nyzier Fourqurean. The appellate court sided with the NCAA, maintaining the five-year limit for eligibility in that circuit.
These contrasting rulings illustrate ongoing nationwide legal disputes around the NCAA five-year rule. Here's a summary of the key cases:
- Cortez Braham Jr. (N.D. West Virginia): Preliminary Injunction granted (August 20, 2025). Allowed to play 2025-26 season; NCAA to appeal.
- Nyzier Fourqurean (7th Circuit Court): Preliminary Injunction overturned (July 16, 2025). Five-year rule upheld; waiver denied.
- Other WVU Players (N.D. West Virginia): Preliminary Injunction granted (August 20, 2025). Allowed to play following similar antitrust reasoning.
The cases hinge on whether NCAA eligibility rules are commercial restraints and thus vulnerable to antitrust law challenges. Judge Bailey’s ruling supporting Braham Jr. and others emphasizes the commercial nature of NCAA rules and grants temporary relief to players blocked under the five-year rule.
The NCAA stands by its eligibility rules, stating they enable fair competition and ensure broad access to opportunities to play college sports. However, the NCAA's stance may be subject to change depending on the outcomes of ongoing legal cases. The NCAA believes that Congress intervening to grant the NCAA an exemption from antitrust scrutiny on eligibility matters could be essential.
Judge Du finds the NCAA's argument that Braham playing another year would displace other athletes unconvincing, as the NCAA failed to present evidence of a fixed roster demonstrating proof of actual displacement. Braham argues that the five-year rule, which limits athletes to four seasons of intercollegiate competition-including JUCO competition-in any one sport within a five-year window, runs afoul of antitrust law.
The NCAA and Vanderbilt quarterback Diego Pavia are waiting for the Sixth Circuit to decide on Pavia's case. The NCAA can appeal Du's order to the Ninth Circuit. The current status of the antitrust lawsuit challenging the NCAA’s five-year eligibility rule involves multiple ongoing cases with recent rulings favoring plaintiffs seeking to extend playing eligibility beyond the NCAA’s traditional five-year limit.
[1] [NBC Sports] (https://www.nbcsports.com/college-football/news/cortez-braham-wins-preliminary-injunction-against-ncaa-to-play-seventh-season) [2] [ESPN] (https://www.espn.com/college-football/story/_/id/34439391/ncaa-loses-court-battle-allow-nevada-wide-receiver-cortez-braham-play-seventh-season) [3] [Sportico] (https://www.sportico.com/pro/news/ncaa/ncaa-antitrust-lawsuit-five-year-eligibility-rule-1234636196/) [4] [CBS Sports] (https://www.cbssports.com/college-football/news/nyzier-fourqurean-loses-appeal-and-will-not-get-fifth-year-of-eligibility/) [5] [USA Today] (https://ftw.usatoday.com/2021/05/nyzier-fourqurean-wins-preliminary-injunction-to-play-fifth-year-of-college-football)
- The sudden occurrence of Judge Du granting Braham Jr. the ability to play his seventh season in college football is a significant analysis point in the ongoing antitrust lawsuit questioning the NCAA's five-year eligibility rule in sports, particularly football and basketball.
- The contrasting rulings between Judge Du's decision that NCAA eligibility rules are commercial and subject to antitrust scrutiny, versus the Seventh Circuit's ruling upholding the five-year limit for eligibility, clearly illustrate the nationwide legal disputes centered around the NCAA's five-year rule in sports-betting arenas.
