Asst. Professor, @BoiseStateCOBE. Ex-lawyer who now writes about college sports law, and finds it neat. I track litigation involving college sports.

Joined May 2017
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Finally ready to announce my winter break project that some of you already know about: I've created a website to keep track of all of the court cases shaping college sports. Introducing the College Sports Litigation Tracker. collegesportslitigationtrack…
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Sam C. Ehrlich retweeted
In a letter sent to SEC presidents and chancellor’s last week, commissioner Greg Sankey outlined key parts of the ‘Protect College Sports Act’ that need addressing. According to the memo, obtained by @FoxNews sources, Sankey outlines numerous topics.
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Sam C. Ehrlich retweeted
. @CBSSports has obtained a June 8 memo from SEC commissioner Greg Sankey to league presidents laying out exactly what the SEC wants changed in the Protect College Sports Act.
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Lumping in Tristan Smith -- whose only crime was being too good to redshirt and being born a year too late for the Pavia waiver and a year too early for the new five-in-five rule -- with Sorsby is kind of gross. And no, the Sorsby decision didn't enable the Smith decision.
The Sorsby decision was never about only one student-athlete. We are already seeing downhill effects in other eligibility cases in which state courts are allowing student-athletes to circumvent longstanding eligibility rules, citing Sorsby outcome as part of the court’s precedent. Another example of why we need Congress to pass the Protect College Sports Act, authorizing the association to apply common sense eligibility rules consistently for all student-athletes and schools, regardless of the state or local court system.
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There are plenty of examples in the dozens of eligibility rule suits of the NCAA legitimately applying their rules in a wildly arbitrary fashion. Painting them all with the same broad brush just makes it seem like the biggest offense to the NCAA is challenging their authority.
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Sam C. Ehrlich retweeted
This finding of irreparable harm, and the reasons cited, isn’t unique to the Sorsby decision (which the post seems to indicate). A number of other federal and state courts have made the same finding in lawsuits challenging NCAA eligibility decisions prior to the Sorsby case.
The Sorsby decision was never about only one student-athlete. We are already seeing downhill effects in other eligibility cases in which state courts are allowing student-athletes to circumvent longstanding eligibility rules, citing Sorsby outcome as part of the court’s precedent. Another example of why we need Congress to pass the Protect College Sports Act, authorizing the association to apply common sense eligibility rules consistently for all student-athletes and schools, regardless of the state or local court system.
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Sam C. Ehrlich retweeted
Here is the full decision in Tristan Smith v. NCAA, in case you want to read it: heitnerlegal.com/wp-content/… The Court merely cited Sorsby v. NCAA to identify the types of irreparable harm that exist when the NCAA renders an athlete ineligible. As the Court noted, I also represented Malik Benson. Had Benson not received an extra year to play at Oregon, may have not been selected by an NFL team. That's why it's irreparable harm; it cannot be remedied by monetary damages. State courts are not "allowing student-athletes to circumvent longstanding eligibility rules." They are holding the NCAA accountable to its own rules, which the NCAA has and continues to arbitrarily enforce. The solution is simple. Stop selectively enforcing rules. The NCAA gave JUCO players in Diego Pavia's graduating class an extra year of eligibility. It needs to do the same for all former JUCO players. Otherwise, it's an arbitrary exception for one class of athletes without any foundation whatsoever. The same issue will be litigated for players who just graduated and seek to benefit from the expected 5-in-5 rule. It's the exact problem the NCAA keeps confronting. Despite its massive legal war chest, it cannot figure out how to uniformly and equitably apply its rules. Fix your own problems and stop begging Congress to figure it out for you.

The Sorsby decision was never about only one student-athlete. We are already seeing downhill effects in other eligibility cases in which state courts are allowing student-athletes to circumvent longstanding eligibility rules, citing Sorsby outcome as part of the court’s precedent. Another example of why we need Congress to pass the Protect College Sports Act, authorizing the association to apply common sense eligibility rules consistently for all student-athletes and schools, regardless of the state or local court system.
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Sam C. Ehrlich retweeted
“Prediction markets cannot use federal loopholes to bypass state consumer protection, sports gaming, and gambling laws. By joining this brief, we are standing firmly with Ohio and our state partners to ensure that federal commodities laws are not weaponized to evade state laws, fuel gambling addiction, and undermine state revenue.” oag.ca.gov/news/press-releas…
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Sam C. Ehrlich retweeted
Uhhh, what about Chambliss
In a memo to DI conference commissioners sent today, the NCAA confirms that the Protect College Sports Act would not only prevent the Brendan Sorsby situation but, if the Act becomes law before the case resolves, it stands to "override Sorsby’s legal challenge."
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Lolololololol
In a memo to DI conference commissioners sent today, the NCAA confirms that the Protect College Sports Act would not only prevent the Brendan Sorsby situation but, if the Act becomes law before the case resolves, it stands to "override Sorsby’s legal challenge."
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Sam C. Ehrlich retweeted
Temple DL Khalil Poteat remains available in the transfer portal, his rep @ed_waz tells @On3. The 6-foot-5, 300-pound DL played two seasons of JUCO and will file a suit for a final season of eligibility. Same fact pattern as Clemson WR Tristan Smith, who won an injunction today for eligibility for the 2026 season. on3.com/transfer-portal/wire…
Clemson WR Tristan Smith was granted a temporary injunction against the NCAA on Friday, making him eligible for the 2026 college football season. Posted 24 catches for 239 yards in 2025 for the Tigers. on3.com/college/clemson-tige…
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The Red River Rivalry... for attorneys general.
#BREAKING: Okla. Attorney General Gentner Drummond is asking the Big 12 to sanction Texas Tech following the Brendan Sorsby gambling fallout. “My office stands ready to assist the Big 12 if Texas Tech's leadership attempts to punish the Conference for doing the right thing.”
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Sam C. Ehrlich retweeted
Big win for our client, Tristan Smith. A South Carolina court just granted a temporary injunction against the NCAA, restoring his eligibility to compete for Clemson this fall. The NCAA's arbitrary application of its Five-Year Rule didn't hold up. Justice for Tristan! heitnerlegal.com/wp-content/…
We gave it our all for Tristan Smith. The NCAA gave everyone in Diego Pavia’s class an extra year, not counting 1 year of JUCO. To not give all former JUCO players an extra year of eligibility would be arbitrary and capricious. We hope the judge agrees. Will find out this week.
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Sam C. Ehrlich retweeted
Clemson WR Tristan Smith was granted a temporary injunction against the NCAA on Friday, making him eligible for the 2026 college football season. Posted 24 catches for 239 yards in 2025 for the Tigers. on3.com/college/clemson-tige…
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Sam C. Ehrlich retweeted
In its first year, the College Sports Commission has approved $240M worth of NIL deals. But wait times are often long and enforcement power is questionable. Rule disputes continue, including a new lawsuit. And a salary cap? Forget it. My story: frontofficesports.com/one-ye…
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Sam C. Ehrlich retweeted
NEWS: The @US9thCircuit Title IX/college sports plate grows, as female athletes suing @UOregon ask appellate court to review lower court's ruling denying class certification in their lawsuit asserting Title IX extends to NIL support. For @Sportico👇 sportico.com/leagues/college…
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Sam C. Ehrlich retweeted
The Brendan Sorsby news this week is nuanced. Nuance doesn’t translate to snarky headlines and entertaining clips. We deliver nuance and entertainment on uNILateral Decisions. Tune in ⬇️
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Should be interesting what amendments are offered...
Formal announcement of the markup
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Update on the new lawsuit challenging the House Settlement and CSC: Ili and Mirer's attorneys filed a motion to relate their case to House and have it be heard by Judge Wilken.
New: Football players Talanoa Ili (USC) & Charlie Mirer (Stanford) have filed a wide-ranging class action lawsuit against the NCAA, CSC, power conferences, and associated executives alleging that the House settlement NIL restrictions violate antitrust law and CA's state NIL law.
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I'm honestly a little surprised by this. I figured the defendants would make this motion, not the plaintiffs, as they'd want to use the House settlement's release clause as a defense (and maybe even object on the grounds that it's not being brought by House class counsel). Hmm.
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