A federal judge on Wednesday allowed four football players to compete at West Virginia this season, the latest ruling in one of a long line of cases challenging the NCAA’s eligibility rules.
U.S. District Judge John Preston Bailey issued a preliminary injunction in a lawsuit filed by defensive lineman Jimmori Robinson, running back Tye Edwards, safety Justin Harrington and wide receiver Jeff Weimer. They were previously denied appeals to play, then challenged the NCAA’s rule that sets a five-year limit for players to compete over four seasons.
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Each of the players attended junior colleges that weren’t members of any NCAA divisions. They contended those years shouldn’t have counted against the five-year limit.
Eligibility cases involving more than two dozen college football players are playing out in courts nationwide. Wednesday’s ruling comes two days after a federal court in California denied efforts to play this season by Southern Cal offensive lineman DJ Wingfield and UCLA wide receiver Kaedin Robinson.
“The nationwide case law reveals a clear split,” Bailey wrote.
In acknowledging a lack of guidance from higher courts on the subject, Bailey said he aligned his ruling with those made in favor of separate appeals by Vanderbilt quarterback Diego Pavia, Rutgers safety Jett Elad and former Nevada wide receiver Cortez Braham Jr., now at Memphis.
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Bailey agreed with the rulings in each of those cases that determined the NCAA’s eligibility rules were commercial in nature and therefore subject to antitrust scrutiny under the Sherman Act.
Bailey made a similar ruling in late 2023 in favor of college basketball players who previously were denied the chance to play immediately after transferring a second time. That lawsuit had alleged the NCAA transfer rule’s waiver process violated federal antitrust law.
In some cases involving college football players where NCAA eligibility rules were upheld, “it is apparent, however, that those decisions were grounded in a pre-NIL world,” Bailey wrote, citing name, image and likeness compensation deals that commenced in July 2021.
“In the current era of NIL compensation, eligibility rules are commercial in nature,” Bailey wrote. He added that athlete eligibility “is even more commercial now” following the so-called House settlement earlier this year that cleared the way for schools to start paying millions to their athletes.
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At West Virginia, the four players have not participated in fall practices. Weimer is the only one not currently listed on the roster.
Jimmori Robinson is the most accomplished. Last season at UTSA, he amassed 10 1/2 sacks and 17 tackles for loss as a linebacker and was named the American Athletic Conference’s defensive player of the year. He would provide immediate help at a hybrid-linebacker position on a West Virginia defense that is undergoing a complete makeover under new coach Rich Rodriguez.
There are still unanswered questions about Robinson’s status. During arguments in court in Wheeling on Tuesday, an NCAA lawyer contended that Robinson had academic issues at UTSA, according to multiple reports. An attorney for Robinson said the defense team was aware of the academic situation but declined to be more specific in court.
A West Virginia athletics spokesperson declined comment Wednesday both on Bailey’s ruling and on Robinson’s eligibility. An NCAA spokesperson didn’t immediately return an email seeking comment.
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