After NIL antitrust case, 10 NC state members from 1983 championship team files fresh lawsuit against NCAA seeking NIL money

Ten players from NC State’s 1983 champion run have filed a lawsuit against Collegiate Licensing Company and NCAA, claiming the misappropriation of players' publicity rights for over 40 years and demanding reasonable compensation for the same.

The suit was filed in Wake County Superior Court on Monday by former players Walt Densmore, Thurl Bailey, Tommy Dinardo, Alvin Battle, George McClain, Terry Gannon, Cozell McQueen, Harold Thompson, Walter Proctor and Mike Warren.

This move came right after the NCAA settlement of the NIL antitrust case with an agreed payout of nearly $2.8 billion to more than fourteen thousand student-athletes (former and current). The House v. NCAA class action lawsuit argued that the association broke federal law by restricting young athletes from making money through their name, image and likeness (NIL).

Once approved by U.S. District Judge Claudia Wilken, majority of the settlement amount will come from the Power Five schools, NCAA reserve funds and insurance payouts. Moreover, there will also be a compensation structure that will enable schools to share revenue with its student-athletes.

What made the 1983 NC State roster special?

The 1983 NC State's roster, also known as the Cardiac Pack, was seen as one of the most underdog teams in history. They made it through the postseason by winning nine games either by a single point or through overtime. Moreover, they won the championship on a hail mary play as Lorenzo Charles leaped on a long airball to dunk it in the final seconds.

The moments from their magical run remained relevant today as the association has consistently used the glimpses for marketing and publicity.

However, NIL deals were not valid at the time. Players were aware of the structure and their participation served as an agreement. With that, even though hundreds of former athletes can benefit from the Cardiac Pack's recent appeal, it is highly unlikely that the players could win the lawsuit.

What are NIL deals in NCAA?

The concept of NIL deals emerged from the question whether college athletes should get paid. After all, they are emerging talents that would eventually take on the global world of sports.

In 2021, the NCAA posed an interim policy on NIL which allowed student-athletes to use personal branding and make money. This included endorsements, autographs, memorabilia, sponsorships, camps, personal appearances, public speaking, merchandising, content creation, ambassador roles, social media, podcasting, NFT, blogging and other ventures.

NIL laws can vary by state. Moreover, they can also depend on the high schools, colleges and universities since they usually have their own set of NIL rules.