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Judge Dismisses NC State ’83 Team’s NIL Suit as Untimely and Copyright-Preempted

Only athletes who competed since 2016 can now seek back pay through the $2.8 billion House settlement.

Malcolm Emmons-USA TODAY Sports
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Overview

  • Superior Court Judge Mark A. Davis ruled the Cardiac Pack’s claims untimely under state law and preempted by the federal Copyright Act.
  • Twelve members of NC State’s 1983 national championship team filed the suit in June 2024 seeking “reasonable compensation” for decades of unauthorized NIL use.
  • The lawsuit alleged the NCAA systematically profited from archival game footage featuring Lorenzo Charles’s buzzer-beater and coach Jim Valvano’s celebration.
  • The dismissal follows a similar court rejection of a former Kansas player’s NIL lawsuit earlier this year.
  • Lawyer Stacy Miller praised the Cardiac Pack players for challenging exploitation of student-athletes and standing up in the fight for NIL justice.