Lawyer promises to appeal following dismissal of NIL lawsuit by former Michigan players

A recent development has seen a U.S. district judge dismiss a class-action lawsuit initiated by former Michigan football players against the NCAA and Big Ten Network. The lawsuit, which was filed in September 2024 in U.S. District Court of Eastern Michigan, claimed that the NCAA and Big Ten Network had wrongfully used the player’s name, image, and likeness without their consent. The lawsuit included more than 300 former Wolverines who played between 1969 and 2015, with players like Braylon Edwards, Denard Robinson, Mike Martin, and Mark Messner seeking over $50 million in compensation for what they believed to be decades of unauthorized use of their NIL.

The group of former players is being represented by Jim Acho from the Livonia-based law firm Cummings, McClorey, Davis & Acho, PLC, who expressed his disappointment at the judge’s decision to dismiss the case. Acho intends to appeal the decision to the Sixth Circuit Court of Appeals in Cincinnati, believing that their argument has merit and that the judge’s ruling did not take into account the complexities of the law in this uncharted territory.

The dismissal of this case by Judge Terrence Berg follows the $2.8 million House settlement in June, which allowed former student-athletes between 2016 and 2024 to receive a portion of $2.8 billion in back pay. While the House settlement did not include student-athletes prior to 2016, Acho’s class-action lawsuit claims that the NCAA and Big Ten Network violated federal antitrust laws by limiting NIL compensation. However, Judge Berg ruled that the lawsuit was filed too late and fell outside the statute of limitations, which typically allows plaintiffs a four-year window to bring claims under U.S. antitrust law.

Similar NIL lawsuits have faced similar dismissals in the past, including a case brought by former Ohio State quarterback Terrell Pryor against the NCAA and OSU. Despite these setbacks, Acho remains optimistic about their case, expressing his hope that the Sixth Circuit Court of Appeals will see the merits of their argument and do the right thing. Acho has a track record of successfully representing former NFL players in concussion class action lawsuits, and he believes that the courts should apply the law correctly, regardless of their concerns about setting a precedent with NIL cases.

While the future of this particular lawsuit remains uncertain, Acho and the former Michigan players are committed to fighting for what they believe is fair compensation for the unauthorized use of their name, image, and likeness. The appeal process will provide them with another opportunity to present their case and seek justice for the alleged violations of their rights.