NC judge denies injunction request by Duke and UNC football players
A North Carolina judge denied the request for a preliminary injunction Tuesday in the case of four local football players seeking an additional season of eligibility.
UNC wide receiver JJ Jones and Duke linebacker Cameron Bergeron are plaintiffs in one lawsuit suing the NCAA over its current eligibility rules. Duke defensive end Ryan Smith and cornerback Tre’Shon Devones are listed as plaintiffs in a second lawsuit.
Business Court Judge Matthew T. Houston presided over the hearing. He said there is a possibility of success on merit, but the evidence does not support a likelihood of success. Proving a likelihood of success is a requirement to receive the injunction. Without that, they did not meet the threshold.
All four plaintiffs have played at least four seasons of college football but are suing the NCAA due to what they believe are inconsistencies in how waivers are approved and denied. They applied for waivers with the NCAA. The three Duke players’ requests were denied this week. Jones’ waiver decision is pending.
Former N.C. State player Corey Coley sued the NCAA in February over the loss of eligibility. His case will be handled in federal court. His waiver request was also denied.
“The timing of this is especially unfortunate, being the class that came in the year right after COVID and the last class before the ‘supposed’ 5-year rule the NCAA will implement,” Jones wrote in a statement. “Still, with the NFL Draft just a few days away, I’m locked in and focused on the opportunity ahead. Blessed to be in this position and thankful for all the support along the way.”
The plaintiffs must decide if they plan to enter the NFL Draft or wait for the case to proceed.
NCAA rules limit a student-athlete to four seasons of eligibility that must be used in a five-year window or “clock.” Injuries and other circumstances impacted the players’ ability to finish multiple seasons, their lawsuits allege, limiting their opportunities as collegiate student-athletes. Unlike some players, they were not granted additional seasons through hardship waivers.
They claim the NCAA’s eligibility rules and the method in which exceptions are applied violate North Carolina’s antitrust law by putting an unreasonable restraint on competition. The current rules require these players to enter the NFL Draft, where they would have a low chance of success. An additional season would help them, the lawsuit states.
The lawsuit also states there is a significant financial benefit if they had additional eligibility.
Diana Florence, one of the attorneys representing the four players, previously told the News & Observer “there are certainly situations” when the NCAA can create regulations around eligibility. The issue being litigated is the lack of consistency in which the rules are applied, leading to claims of antitrust violations.
“The NCAA can impose rules but they must have a pro-competitive effect,” Florence said. “The NCAA’s actions in the way they issue waivers for additional eligibility up to now have been the opposite.”
Several judges around the country have approved preliminary injunctions in other cases. Diego Pavia and Nyzier Fourqurean’s cases involving eligibility made headlines after they received approval from the courts.
The NCAA is expected to rule whether student-athletes can receive a fifth season of eligibility, but that decision was postponed until the fall.
This story was originally published April 22, 2025 at 7:48 PM.
