Four former Michigan football players have filed a class-action lawsuit against the NCAA and Big Ten Network, seeking a payment of $50 million for the “wrongful” continued use of their name, image and likeness on television.
The 73-page suit, filed Tuesday in U.S. District Court of Eastern Michigan, names Braylon Edwards, Denard Robinson, Michael Martin and Shawn Crable as plaintiffs who “seek to right a wrong perpetuated on college athletes for decades.” Attorney Jim Acho of Livonia, Michigan-based law firm Cummings, McClorey, Davis & Acho, PLC, is representing the group.
According to the complaint, the lawsuit includes “all persons who were NCAA student-athletes prior to June 15, 2016, whose image or likeness has been used in any video posted by or licensed by” the NCAA and Big Ten Network, along with any of the network’s related affiliates.
The lawsuit does not name the University of Michigan as a defendant.
The lawsuit comes on the heels of the expanded name, image and likeness (NIL) payments for NCAA student-athletes in recent years. After the rules were lifted in July 2021 allowing players to profit, a series of lawsuits were brought from former players seeking compensation.
In May, the NCAA and its power conferences settled several of those suits, including the highly publicized House vs. NCAA case, agreeing to pay more than $2.9 billion to former student-athletes dating back to 2016.
This case intends to extend that timeline further.
“Even after student-athletes have graduated, the NCAA, BTN, its partners and affiliates continue to exploit their names, images and likenesses,” the suit reads. “This ongoing use includes replays of historical moments, promotional content, and merchandise sales, all of which generate significant revenue for the NCAA, its partners and affiliates without compensating the athletes.”
Robinson is the key defendant here, a former Michigan quarterback from 2009 to ‘12 who still holds the NCAA record for rushing yards and several program records and missed out on potential earnings. He appeared on the cover of EA Sports’ NCAA Football ‘14 video game, but NCAA rules prohibited him from earning a dime off of it.
Edwards played at Michigan from 2001 to ‘04 and was named the Biletnikoff Award winner as college football’s top receiver. According to the suit, “Edwards has never been compensated for the commercialization his personal attributes and was not allowed to capitalize monetarily,” alleging that he “lost out on several million dollars.”
Martin was a defensive lineman at Michigan from 2008 to ‘11, starting 37 games, while Crable was a linebacker at Michigan from 2003 to ‘07.
The suit seeks to not only compensate former players who “are rightfully owed” but also to establish legal precedent that will “protect future generations of student-athletes from similar exploitation.”
Judge Terrence G. Berg has been assigned the case.
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