Judge dismisses NC State's 'Cardiac Pack' lawsuit for name, image, likeness compensation
The team was known as the 'Cardiac Pack' for a series of close, nail-biting victories, including a 54-52 win over Houston in the 1983 national championship game. Lorenzo Charles sealed the victory with a buzzer-beating dunk, and coach Jim Valvano rushed the court — a moment that encapsulated the thrill of March Madness and was used in promotions for years.
The players filed a suit requesting a jury trial and 'reasonable compensation' in June.
'For more than 40 years, the NCAA and its co-conspirators have systematically and intentionally misappropriated the Cardiac Pack's publicity rights — including their names, images, and likenesses — associated with that game and that play, reaping scores of millions of dollars from the Cardiac Pack's legendary victory,' the lawsuit said.
According to WRAL News, the NCAA requested the case be dismissed after a similar lawsuit filed by a former Kansas basketball player was dismissed in April.
'In this lawsuit, twelve former members of North Carolina State University's ("NC State") 1983 NCAA men's basketball championship team have sued the NCAA for using without permission their names, images, and likenesses contained in copyrighted game footage from that season,' Superior Court Judge Mark A. Davis wrote in a 44-page order released Thursday. 'Because their claims are untimely, barred by their failure to allege a violation of a legally enforceable right, and preempted by the federal Copyright Act, dismissal of this action in its entirety is appropriate.'
The House vs. NCAA Settlement, approved in June, promises nearly $2.8 billion in back pay to athletes who competed from 2016 onward and lost NIL opportunities.
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AP college basketball: https://apnews.com/hub/college-basketball
Maura Carey, The Associated Press
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