Milberg class action lawsuit accuses NCAA of unreasonable restraint of trade and unjust enrichment

NEW YORK, July 2, 2024 /PRNewswire/ – Attorneys at Milberg have filed a class action lawsuit against the National Collegiate Athletic Association (“NCAA”) on behalf of a dozen former NCAA student-athletes whose names, images and likenesses continue to be used by the NCAA for commercial purposes without consent or compensation.

The lawsuit alleges that the NCAA has exploited former student-athletes for more than forty years because of its “acknowledged monopoly position” that is primarily driven by profit. The plaintiffs and similarly situated class members claim that the NCAA initially requires young student-athletes to “sign their rights (to name, image and likeness) to the NCAA,” only to reassign those rights long after they graduate without consent or compensation.

Plaintiff Mario Chalmers played college basketball for the Kansas Jayhawks. During the 2008 NCAA championship game against the Memphis Tigers, Chalmers made one of the most memorable three-pointers in March Madness history—dubbed “Mario’s Miracle”—just seconds before the end of the game. Chalmers’ shot tied the game and sent the championship game into overtime, where Kansas and won.

“Mario’s Miracle” has since been replicated commercially “countless times” in a variety of media, including live television broadcasts, commercials, online videos, and more. March Madness, which nearly 1 billion US dollars annual revenue of the NCAA and with broadcast rights valued at almost 20 billion US dollars over the next decade will be fueled by these countless replays of legendary moments like “Mario’s Miracle.” While these media continue to generate commercial revenue for the NCAA and its partners, Chalmers has never been compensated by the NCAA.

The same goes for nearly a dozen NCAA student-athletes who join Chalmers as plaintiffs in the suit, including members of the Arizona Wildcats, who won the 1997 men’s basketball national championship, the 2011 and 2014 UConn The Kansas Jayhawks, who won the 2008 national basketball championship, claim that their “names, images and likenesses” continue to be used for commercial purposes by the NCAA and its partners without consent or compensation.

The lawsuit also names the Big East Conference, Pac-12 Conference, Big Ten Conference, Big Twelve Conference, Southeastern Conference, Atlantic Coast Conference and Turner Sports Interactive as “co-conspirators” who, along with the NCAA, “systematically and willfully abused the privacy rights of plaintiffs and similarly situated class members.” The lawsuit cites the millions of dollars in profits (and billions in annual revenue) the NCAA and its co-conspirators earned at the “exploited” expense of plaintiffs.

“Former athletes like Mario Chalmers brought moments to college basketball that made March Madness a multibillion-dollar enterprise, but were not paid by the NCAA and its partners and their NIL continues to be used without consent by the NCAA and its partners. We look forward to obtaining compensation for these former athletes in this case,” said Milberg Senior Partner. Scott Harris explained.

The complaint is directed against the NCAA’s conduct, which allegedly constitutes an unreasonable restriction of competition, an illegal monopolization, an unlawful appropriation of personal rights and an unjust enrichment.

Milberg’s lawyers have requested a jury trial and “fair compensation” for the plaintiffs and members of the student-athlete class who were “forced to give up their legal rights” through damages, interest and attorneys’ fees.

The Milberg team representing the plaintiffs and class action plaintiffs includes Scott Harris, Peggy Wedgworth, James DeMayAnd Michael Dunn.

The co-counsel attorneys include Elliot Abrams from Cheshire Parker TailorPLLC, Stacy Miller II by Miller Law Group, PLLC, and Scott Tompsett of Tompsett College Sports Law.

About Milberg Coleman Bryson Phillips Grossman, PLLC:
For over 50 years, Milberg and his partners have fought for the rights of victims and have won over $50 billion for their clients. A pioneer in class action litigation, Milberg is widely regarded as a leading defender of the rights of victims of corporate wrongdoing.

Media contact:
Karine Lim
(email protected)

Source: Milberg Coleman Bryson Phillips Grossman PLLC