Lawsuit by 1983 NC State players against NCAA over NIL compensation dismissed by North Carolina judge

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2 days ago

A lawsuit filed by members of the 1983 North Carolina State men's basketball national championship team was dismissed by a North Carolina judge on Thursday.
Ten players from the 1983 Wolfpack sued the NCAA and the Collegiate Licensing Company in June 2024 for unauthorized use of their names, images and likenesses. The plaintiffs sought a jury trial and "reasonable compensation" for earnings tied to the NCAA's use of the players and their names in videos and images in promoting college basketball and the NCAA tournament without their consent.
The suit alleged that the NCAA continues to generate revenue without properly compensating the athletes with NIL earnings.
In a 44-page ruling, Superior Court Judge Mark A. Davis said that the lawsuit was filed too late.
'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,' Davis wrote in his judgment, via The Athletic.
Thurl Bailey, Alvin Battle, Walt Densmore, Tommy DiNardo, Terry Gannon, George McClain, Cozell McQueen, Walter Proctor, Harold Thompson and Mike Warren were the 10 players from the 1983 "Cardiac Pack" team listed as plaintiffs in the lawsuit.
The players not involved in the lawsuit were Dereck Whittenburg, who currently works in the NC State athletic department, and Sidney Lowe, now an assistant coach with the NBA's Detroit Pistons.
Additionally, Lorenzo Charles, who made the game-winning shot in the national title game for the 1983 Wolfpack and died in a 2011 bus accident, was not a part of the proceedings. Charles' dunk, which finished off a desperation shot by Whittenburg, is replayed frequently each year during the NCAA tournament.
'We are proud of these Cardiac Pack players who stood up in the national fight for justice against a system that colludes to exploit young and often vulnerable student athletes,' said Raleigh, North Carolina attorney Stacy Miller, who represented the NC State players, in a statement to WRAL.
'The court definitively examined and dismissed the claims, not only as untimely, but also finding that there is no enforceable right of publicity in game broadcasts and that federal Copyright law would preempt any such right if there were one,' the NCAA responded in a statement to The Athletic.
Coached by the legendary Jim Valvano, NC State upset Houston 54–52 in the 1983 NCAA tournament national championship game.