A federal judge in Columbus, OH, has dismissed a name, image, and likeness (NIL) lawsuit filed last October by former star Ohio State (OSU) quarterback Terrelle Pryor. Pryor sued OSU, the Big Ten, the NCAA, and others, seeking damages for the allegedly unauthorized use of his NIL. The complaint accused the defendants of violating antitrust laws by barring student-athletes from profiting on the commercial use of their NIL.
Pryor was the starting quarterback for OSU from 2008 to 2010. He sought an injunction against future use of his image in, for example, game replays, without his permission or compensation, as well as back damages for prior unauthorized uses of his NIL. He also sought class action status to include all athletes who competed for OSU before the NCAA’s NIL rules changed. Pryor claimed that the NIL rules when he played cost him and others millions of dollars and that the defendants continue to profit from the use of his NIL by replaying historic moments for promotional purposes.
The judge granted the defendants’ motion to dismiss on the grounds that (a) OSU could not be sued because, as a state institution, it is covered by sovereign immunity, and (b) Pryor’s claims were brought too late, namely after the four-year statute of limitations for an antitrust lawsuit. The judge found that Pryor knew the material facts underlying his claims long before the four-year statute of limitations had expired. Pryor is not eligible for any compensation under the House settlement, which allows for recovery by student-athletes going back only to 2016.
It will be interesting to see whether this dismissal will impact other, similar cases filed by former collegiate athletes who played prior to 2016. Reggie Bush, former star running back for USC and a Heisman Trophy winner, has sued USC, the NCAA, and the Pac-12 conference for unauthorized use of his NIL. A similar lawsuit has been filed by former University of Michigan football players against the university, Big Ten, and NCAA.
