Report: More than 300 former Michigan football players join lawsuit against NCAA, Big Ten

More than 300 former Michigan football players joined a lawsuit filed against the NCAA and Big Ten in September, the plaintiffs’ attorney Jim Acho told the Detroit Free Press. The suit alleged the NCAA, Big Ten and Big Ten Network used former Wolverines’ name, image and likeness without permission.

Former Michigan standouts Denard Robinson and Braylon Edwards initially filed the lawsuit on behalf of former Wolverines who played prior to 2016. Michael Martin and Shawn Crable are also listed as plaintiffs, and nearly 340 former players are part of the class-action suit, Acho said. Former All-Americans Anthony Carter, Mark Messner and Jarrett Irons are among the group of former players to join.

In the 73-page lawsuit, filed by Robinson and former athletes, the class argues the NCAA and Big Ten Network have made significant dollars off their “game-winning plays and electrifying performances.” The NCAA, Big Ten and Big Ten Network filed a motion to dismiss the suit earlier this month.

“An overwhelming number of players — almost all of whom are all financially successful I might add — reached out, wanting to join this lawsuit because they said it was out of principle,” Acho told the Free Press’ Tony Garcia.

“Money was made off their backs, they were denied the right to use their name and image and everybody knew decades ago it was wrong. It was unlawful. It was unethical. And these men want to make a statement.” 

NCAA, Big Ten filed motion to dismiss Michigan suit

Robinson and former Michigan football players are seeking damages for loss of market value for NIL rights, suppressed earnings from endorsements, missed opportunities for media appearances, uncompensated use of likeness in merchandise, revenue from archived footage and highlight reels, lost licensing opportunities, economic loss from NIL suppression, unfair competitive disadvantage, loss of future earning potential, unjust enrichment, retroactive compensation for historical use, group licensing agreements, long-tail endorsements, revenue sharing from media rights and intellectual property claims.

In their motion to dismiss, filed Jan. 13, the NCAA and Big Ten argued the plaintiffs are past the four-year statute of limitations. Because they’re arguing on behalf of Michigan football players who played before 2016, they said eight years is too long to wait before filing.

“Plaintiffs’ claims are all time-barred. Antitrust claims have a four-year statute of limitations. Plaintiffs waited too long to bring this action,” the filing states. “Their proposed class definition ends in 2016—more than eight years ago—and their claims are based on conduct allegedly occurring between eight years and several decades ago.”

In addition, the defendants cited the O’Bannon v. NCAA case as a reason to dismiss the lawsuit. The plaintiffs, they said, were part of a settlement that “resolved a challenge to NCAA rules regarding compensation for use of student athletes’ alleged NIL ‘in game footage or in videogames’ both during and after their college eligibility,” and are relitigating those claims.

The defendants called for the case to be dismissed with prejudice. That would mean the plaintiffs wouldn’t be able to refile the same claim.

More on the plaintiffs in the lawsuit

In addition to the more than 300 former Michigan players who joined the lawsuit, four are named as plaintiffs. Denard Robinson and Braylon Edwards were part of the initial filing, and Michael Martin and Shawn Crable are also listed.

Robinson was a star quarterback at Michigan and won the 2010 Big Ten Offensive Player of the Year. That’s when he set the single-season FBS record for rushing yards by a quarterback and became the only player in NCAA history to both pass and rush for 1,500 yards. He played at the same time as Martin, who was a star defensive end from 2008-11 and was a two-time All-Big Ten selection.

Crable’s career at Michigan ended just before Robinson and Martin arrived. From 2005-07, he anchored the Wolverines defense at linebacker, capping his three-year run off with a career-high 29 tackles for loss while totaling 90 tackles and 7.5 sacks as a junior.

Edwards played for the Wolverines from 2001-04 and put together three straight 1,000-yard seasons. He saved his best for last, totaling 1,330 yards and 15 touchdowns before becoming the No. 3 overall pick in the NFL Draft.

Pete Nakos contributed.