New York judge dismisses suit against NCAA filed by Mario Chalmers, 15 others
U.S. District Judge Paul Engelmayer on Monday dismissed an antitrust lawsuit filed against the NCAA and multiple athletic conferences by former Kansas Jayhawks basketball standouts Mario Chalmers and Sherron Collins and 14 other former college players.
The federal judge in New York ruled that claims of the players’ lawsuit fell outside the four-year statute of limitations. Chalmers played at KU for three seasons (2005-06, 2006-07 and 2007-08), Collins for four (2006-07 through 2009-10).
All 16 plaintiffs in the lawsuit played before June 16, 2016.
The suit claimed the NCAA and its partners violated the federal Sherman Antitrust Act by profiting from the players’ names, images, and likenesses without compensating them for the commercial use of their NIL.
An example cited would be the NCAA using shots of Chalmers’ overtime-inducing 3-point basket against Memphis in the 2008 title game in promotional materials for the NCAA Tournament. KU went on to win that game in overtime.
According to an Associated Press article available at ESPN.com, “that June 16 date in 2016 is the earliest date for players to be included in the House v. NCAA antitrust settlement awaiting final approval from a federal judge.”
Judge Engelmayer cited a four-year statute of limitations for federal antitrust violations despite the lawsuit asserting the law is breached whenever the NCAA uses a player’s name, image or likeness in promotional materials for the tourney.
“The NCAA’s use today of a NIL acquired decades ago as the fruit of an antitrust violation does not constitute a new overt act restarting the limitations clock,” Engelmayer wrote in the 34-page decision as reported by the AP. “Instead, as the NCAA argues, the contemporary use of a NIL reflects performance of an aged agreement: a contract between the student-athlete and the NCAA under which it acquired footage and images of the plaintiff.”
Engelmayer indicated Chalmers and the 15 other players were part of the class in O’Bannon v. NCAA, the 2015 case that helped kick-start the age of NIL payments. The judge ruled this current lawsuit was not notably different from other settled cases involving the athletes.
When contacted by The Star, Chalmers indicated he had no comment on the judge’s ruling. He did not respond to a question (via text) asking if he and the other plaintiffs would appeal. An effort to reach Collins was not successful.
Missouri’s Matt Pressey also was a plaintiff in the case that was filed on July 2, 2024, as well as Ryan Boatright, A.J. Bramlett, Vincent Council, James Cunningham, DeAndre Daniels, Eugene Edgerson, Gerard Coleman, Justin Greene, Ron Giplaye, Alex Oriakhi, Roscoe Smith, Jason Stewart and Jason Terry.
Defendants were the Big 12, plus the Big East, Pac-12, Big Ten, SEC, ACC and Turner Sports Interactive. A source close to the situation told The Star that the University of Kansas athletic department was not sued by any of the players in the case.
The lawsuit filed last July read: “Mario Chalmers, Sherron Collins, and other members of the 2008 Kansas Jayhawks National Championship men’s basketball team have been paid nothing by the NCAA or its partner TSI for the continued use of their names, images and likenesses in promoting and monetizing March Madness. The same is true for thousands of former NCAA athletes across all sports whose names, images, and likenesses are continuing to be displayed for commercial purposes by the NCAA, its member conferences, and its partners such as TSI.” ESPN.com’s Mark Schlabach first reported on the case.
In a response to the court decision, an NCAA official told Sportico.com the organization was “pleased” with the case dismissal. “The court,” the spokesperson added, “definitively examined and dismissed the antitrust and unjust enrichment claims, finding they were untimely and precluded by prior cases. We are hopeful that several of the copycat cases will be similarly treated by other courts.”
More details involving wording of the lawsuit are available in a previous article written by The Star.
This story was originally published April 28, 2025 at 8:01 PM with the headline "New York judge dismisses suit against NCAA filed by Mario Chalmers, 15 others."
