A New York judge’s dismissal of an antitrust suit against the NCAA will guide courts weighing similar cases brought by former athletes who say the organization failed to pay them for their name, image, and likeness (NIL) decades ago. In the suit, the Judge dismissed claims brought by members of the 2008 Kansas Jayhawks national championship men’s basketball team, arguing they’re time-barred by the four-year statute of limitations for federal antitrust suits. McCarter Antitrust partner Robin Crauthers spoke with Bloomberg Law to discuss the ruling and what it may mean for similar claims from athletes who do not qualify for compensation under the NCAA’s proposed $2.8 billion settlement. Robin noted that the NCAA is likely to “lean in” to the ruling in an attempt to get out of other NIL litigation. She added that, ruling will be a “roadmap” for courts to follow. “This was a very well-reasoned decision, and it’s going to be hard for another court to dismiss it,” she said. “This was not a novel theory in which the judge had to go and find cases that were similar to but not exactly on point.”
5.2.2025