Phoenix, Ariz. (September 11, 2025) - An article in Hackney Publications' latest Sports Litigation Alert spotlights the broader implications of Phoenix Partner and Sports Practice Chair Gregg Clifton's successful effort in securing a preliminary injunction allowing his client, wide receiver Cortez Braham Jr., to play college football during the 2025-26 season.
The article by University of North Alabama Assistant Professor of Sport Management Dr. Kyle Conkel, titled "JUCO to Justice: How Braham v. NCAA Challenges the Limits of Athlete Mobility," examines U.S. District Judge Miranda M. Du's July 18 decision that blocked the NCAA from rendering Mr. Braham ineligible to play a seventh season in college, pending a final decision on the merits.
Mr. Braham played last year for the University of Nevada Reno, where he ranked second on the team in both catches and receiving yards. Prior to that, he spent two seasons at West Virginia University and three years attending Hutchinson Community College in Kansas.
Mr. Clifton and Reno Managing Partner Brandon Wright filed suit against the NCAA on Mr. Braham's behalf, alleging that several of the organization's eligibility rules - known as the Five-Year Rule, 2-4 Transfer GPA Rule, and the Rule of Restitution - violate the Sherman Antitrust Act. The Lewis Brisbois team then sought a preliminary injunction to block enforcement of those rules against Mr. Braham so he can compete in the 2025-26 season.
Judge Du granted Mr. Braham's request in full. She ruled that, as a preliminary matter, the challenged eligibility rules can be subject to scrutiny under the Sherman Act because they are commercial in nature. She noted the proliferation of lucrative financial opportunities for student-athletes under the new Name, Image, and Likeness (NIL) regime.
Judge Du concluded that Mr. Braham was likely to succeed on the merits of his claim that the Five-Year Rule has a substantial anticompetitive effect on the labor market for Division I college football players, while lacking sufficient procompetitive justifications. The judge found that Mr. Braham showed he would suffer irreparable harm absent an injunction, including loss of the opportunity to play college football, secure NIL deals, and further his professional development.
In his article, Dr. Conkel observed that Judge Du's decision "underscores the growing willingness of courts to subject NCAA eligibility rules to antitrust scrutiny in light of the evolving economics of college sports, especially as they relate to NIL opportunities and athlete mobility," and "further signals a potential shift in judicial treatment of JUCO athletes, who have historically faced heightened transfer and eligibility restrictions."
The Braham ruling, Dr. Conkel stated, firmly indicates that the NCAA's eligibility rules cannot be shielded from antitrust review "simply by being framed as educational or grounded in amateurism," and emphasized "that the realities of modern Division I athletics demonstrate that eligibility rules operate in a commercial marketplace which includes NIL opportunities, multimillion-dollar media contracts, and the economic value tied to athlete participation."
Dr. Conkel predicted that, by "framing eligibility restrictions as restraints on economic opportunity, the decision is likely to embolden athletes to challenge a broader range of NCAA policies."
"These challenges will not be limited to football given that basketball and other revenue-generating sports where NIL value and mobility are critical are also poised to see increased litigation," he wrote.
Mr. Clifton is the chair of Lewis Brisbois' Collegiate & Professional Sports Law Practice, vice chair of the Traditional Labor Law Practice, and a member of the firm's Entertainment, Media & Sports and Labor & Employment Practices. He has extensive experience in the collegiate and professional sports world and has advised numerous professional franchises on a range of labor and employment issues, including Title III ADA regulatory compliance and wage and hour issues. Mr. Clifton is also an editor of The Official Review, Lewis Brisbois' sports law blog.
Read the full Sports Litigation Report article here.