Four former Michigan football players file lawsuit against Big Ten Network, NCAA

Posted by Admin September 10, 2024 Football

Four former Michigan football players, including Braylon Edwards and Denard Robinson, have filed a class-action suit against the NCAA and Big Ten Network seeking more than $50 million for being “unlawfully denied” making money off their name, image and likeness.

Beginning in July 2021, college athletes have been able to profit off their name, image and likeness (NIL). According to the suit, this involves football players prior to June 15, 2016, “whose image or likeness has been used in any video posted by or licensed by the NCAA, Big Ten Network,” and any of their affiliates. The former players say they’re entitled to “a present and future share of any revenue generated from the use of their publicity rights,” that includes but is not limited to NIL.

The 73-page suit brought by attorney Jim Acho of Livonia-based Cummings, McClorey, Davis and Acho P.L.C. was filed Tuesday morning in U.S. District Court Eastern District of Michigan.

The class action is on behalf of former Michigan football players who played before 2016 and seek “to right a wrong perpetuated on college athletes for decades,” the suit reads.

“This not a suit against the University of Michigan,” Acho told The Detroit News. “None of the many former players wanted to sue UM and neither did I. It is the NCAA that perpetuated this wrong for decades. They knew it was wrong to prevent players from capitalizing on the most valuable thing they have — their name and image. That has been rectified for current players, but the NCAA needs to correct the wrongs of the past. Today is the day for recompense.”

Saquandra Heath, the NCAA associate director of external communications, responded to The Detroit News that “we do not have a comment at this time,” when asked about the lawsuit. The Big Ten Network has not yet responded to a message left by The News.

Acho is representing Edwards, Robinson, Mike Martin and Shawn Crable in this suit that he says is the first of its kind filed by former college football players.

“Numerous former players over the past five decades asked me to file this, and after a lot of research we felt it was absolutely the right thing to do,” said Acho, who in the past has has successfully represented NFL Hall of Fame players such as Gale Sayers, Pat Summerall and Lem Barney in the concussion class action. “I expect former players from other noted football programs will follow our lead and file similar lawsuits.”

The suit states the NCAA and Big Ten Network have monetized plays made by the four players who brought the suit as well as other former Michigan football players by “broadcasting, advertising, and selling merchandise featuring their performances” without their consent on financial compensation. BTN has aired “classic” Michigan Football games since 2006.

In May, the NCAA and the power conferences agreed to settle House v. NCAA and two similar cases that challenged compensation rules for college athletes. The NCAA, according to the deal, will pay nearly $3 billion to former and current college athletes who were denied the right to earn money off NIL dating to 2016.

“The reason why we’re doing this is because it’s not fair what we had to go through, just like all the other athletes,” Martin, a team captain in 2011, told The Detroit News. “The $2.8 billion settlement that recently went through with the cutoff of 2016, that also got me thinking, because it’s like, what about all the eras of guys before 2016?”

Robinson, a former Michigan quarterback who still holds several program records, is particularly notable because of his appearance on the cover of EA Sports’ popular NCAA Football 14 released in July 2013 and for which he has never earned income. Robinson played quarterback for the Wolverines from 2009-2012 and was known as “Shoelace” because he played without his laces tied. He holds the NCAA record for most rushing yards by a quarterback.

Edwards was a receiver at Michigan from 2001-2004 and in his senior season was awarded the Biletnikoff Award given to the nation’s top receiver. Martin was a Michigan defensive lineman from 2008-2011 and started 37 games. Crable was a linebacker at from 2003 to 2007 and was second-team All-Big Ten his senior year.

“This Complaint aims to rectify Defendants’ systematic exploitation of Class Members by obtaining compensation for the commercial use of their personal attributes and an injunction to prevent future misappropriation,” the suit reads. “The relief sought includes declaratory and injunctive relief, compensatory and punitive damages, and an award of attorneys’ fees and costs.”

The NCAA and its “named and unnamed co-conspirators” have, according to the suit, intentionally misappropriated the publicity rights of Robinson, Martin, Edwards, Crable and other members of the class action for using their name, image and likenesses for commercial purposes without their consent or compensation. The NCAA has made income while “depriving the student-athletes of their rightful earnings. Such actions constitute clear antitrust injury.”

Federal judge Terrence Berg has been assigned to the case.

achengelis@detroitnews.com

@chengelis