COLUMBUS, Ohio — A federal court has dismissed former Ohio State quarterback Terrelle Pryor’s lawsuit against the NCAA, the Big Ten Conference, Ohio State University, and Learfield, claiming he lost opportunities to profit from his name, image, and likeness (NIL) during his college career from 2008 to 2010. U.S. Chief District Judge Sarah D. Morrison issued the ruling on Friday, marking another legal setback for athletes seeking compensation for their contributions to college sports.
The decision follows the dismissal of a similar lawsuit earlier this year, where former Kansas player Mario Chalmers and 15 other college basketball players alleged their NIL rights were exploited without permission for commercial gain. Pryor’s case centered on accusations that the defendants conspired to violate antitrust laws, claiming their rules restricted athletes from capitalizing on their NIL due to their amateur status.
Pryor, 36, who once earned accolades as the MVP of the Rose Bowl and the Big Ten Freshman of the Year, argued that the NCAA and its affiliates not only barred athletes from earning NIL deals but also profited from their likeness by entering lucrative agreements in merchandise, apparel, and broadcasting. He contended that the harm to his NIL identity extended well beyond his college playing days, noting the NCAA’s continued use of videos featuring him on its platforms, which are often monetized through advertising.
Pryor’s stature as a case study for NIL grievances is notable. He became infamous for violating NCAA rules by accepting payments for autograph signings, resulting in suspensions for him and several teammates in 2011. Under current NCAA regulations, such transactions are permitted, highlighting the evolution of rules regarding athlete compensation.
Judge Morrison identified multiple legal hurdles in Pryor’s case. One primary issue was sovereign immunity, which shields public entities like Ohio State from lawsuits unless they consent to be sued. She clarified that Ohio State qualifies as an “arm of the state,” thus complicating Pryor’s ability to pursue his claims.
The judge also pointed out that there was an issue with the timing of the lawsuit. Pryor’s college career concluded approximately 15 years ago, and both federal antitrust claims and state unjust enrichment claims have specific statutes of limitations that Pryor’s lawsuit exceeded. As a result, he was deemed to have missed the window for legal action.
In an effort to address the timing concerns, Pryor argued that he had been forced to cede control over his NIL rights indefinitely, and that he continues to suffer from the misuse of those rights. However, Morrison was unconvinced, indicating that any economic harm he experienced stemmed from actions that occurred during his college career and were linked to acceptance of NCAA eligibility rules at that time.
Morrison emphasized that the ongoing commercial use of Pryor’s NIL rights was merely a reflection of past conduct rather than a new infraction that would reset the statute of limitations. She noted that Pryor was aware of the situation while still a student-athlete, having seen other athletes, like Ed O’Bannon, successfully challenge the NCAA’s economic practices.
Pryor retains the option to appeal the decision to the U.S. Court of Appeals for the Sixth Circuit. Following the ruling, an NCAA spokesperson expressed satisfaction with the dismissal, mentioning that the court thoroughly examined the antitrust and unjust enrichment claims, deeming them untimely. The spokesperson noted hope that future similar cases would see comparable outcomes.
This ruling follows another recent decision where the U.S. Court of Appeals for the Seventh Circuit ruled against the NCAA, reversing a preliminary injunction that would have allowed Wisconsin cornerback Nyzier Fourqurean to play an additional season of college football.
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