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Judge Dismisses Ex-Michigan Players’ Pre-2016 NIL Suit as Time-Barred

The plaintiffs will ask the Sixth Circuit to revive claims that lower courts have repeatedly blocked on statute-of-limitations grounds.

Overview

  • U.S. District Judge Terrence G. Berg granted a motion to dismiss, finding the antitrust claims were filed beyond the four-year limitations period.
  • The suit targeted the NCAA, the Big Ten and the Big Ten Network and sought class status for athletes whose likenesses were used before June 15, 2016.
  • Plaintiffs Denard Robinson, Braylon Edwards, Michael Martin and Shawn Crable alleged more than $50 million in damages tied to continued use of their NIL in videos and other materials.
  • Berg ruled that any post-college uses did not restart the clock and that players signed NCAA forms disclosing publicity-rights rules, rejecting tolling arguments.
  • Attorney Jim Acho said he will file an appeal in October, as similar pre-2016 NIL cases have been dismissed elsewhere and the 2016–24 House settlement does not compensate earlier athletes.