This week on uNILateral Decisions, Joe Nickell, Mike Walsh, and Sam Ehrlich dig into the other side of the eligibility chaos — the cases where athletes didn’t receive an extra year. While headlines make it seem like every lawsuit leads to a fifth season, the reality is far more complicated, and the hosts break down why certain courts are pushing back. The conversation centers on the three major categories of eligibility litigation: the massive wave of class‑of‑2022 lawsuits, JUCO‑year disputes inspired by Diego Pavia and Tristan Smith, and the increasingly contentious cases involving former professional athletes. Sam walks through how these categories intersect, why some courts are granting relief, and why others are shutting the door. They also unpack the “big three” states — Tennessee, Georgia, and Ohio — where appellate courts have issued stays on previously granted injunctions, creating a national split in how judges view breach‑of‑contract claims, property‑interest arguments, and the NCAA’s role as a private association with monopsony power. The hosts explore how personal jurisdiction, shifting plaintiffs between states, and massive multi‑athlete filings are shaping the litigation strategy. The episode wraps with a look at TROs vs. preliminary injunctions, the NCAA’s perfect record on appellate stays, and what happens next as athletes continue filing, courts diverge, and the Protect College Sports Act adds new layers of uncertainty. Topics include:The three major categories of eligibility lawsuits: class of 2022, JUCO‑year claims, and former prosWhy Tennessee, Georgia, and Ohio became the “big three” denialsHow appellate stays are reshaping the national landscapeThe evolving breach‑of‑contract argument — and why some courts no longer buy itPersonal jurisdiction battles and moving plaintiffs across statesTROs vs. preliminary injunctions — and why the injunction is the real ballgameThe NCAA’s success in securing appellate staysWhether athletes can refile in more favorable statesHow the Protect College Sports Act complicates eligibility going forwardJoe, Mike, and Sam’s uNILateral Decisions on what should happen next Subscribe for weekly conversations on NIL, athlete compensation, eligibility, governance, antitrust issues, and the rapidly changing business of college sports.
