Since Pavia v. NCAA in December 2024 the NCAA has faced more than 70 eligibility suits, and the June 2026 age-based rule set off a second wave. Outcomes are genuinely split — the same rule is enjoined in one courthouse and upheld in the next.
Wisne v. NCAA
In effect — 10th Cir. weighing stayD. Colo. (Judge Charlotte N. Sweeney) · on appeal to the Tenth Circuit
Issue: Whether the NCAA may apply its new age-based eligibility rule to shut the high-school class of 2022 out of a fifth season.
Where it stands: Plaintiffs styled their motion as one for a temporary restraining order but pleaded a preliminary injunction in the alternative; on July 31, 2026 the court construed it as a preliminary-injunction motion and granted that relief outright, together with certification of a nationwide Rule 23(b)(2) class of Division I athletes who began play in 2022–23, completed four years of eligibility under the old rules by the end of 2025–26, and are barred from a fifth season by the new rule. The court held eligibility rules are commercial under Section 1 of the Sherman Act and likely an unreasonable restraint, rejected the NCAA's argument that "exiting" one class of athletes expands output, found irreparable harm, and held the House settlement released nothing here because the rule was adopted after that settlement was finally approved. A clarification order issued August 2, 2026 sets the reach of the injunction: the NCAA is enjoined from prohibiting class members from competing in a fifth season "under the Rule … or any NCAA Bylaw," but the order does not enjoin the House settlement or its terms, does not enjoin transfer rules, does not enjoin roster caps, and does not stop a member school from making eligibility decisions based on whether an athlete was over twenty years old when they enrolled in 2022–23. Those four words — "or any NCAA Bylaw" — are now the fight. The NCAA moved to stay the injunction on August 2, 2026 (Dkt. 43), calling the order "egregiously wrong," and filed its notice of expedited appeal to the Tenth Circuit on August 3, 2026 (No. 26-1309). On August 10, 2026 Judge Sweeney denied that stay in full (Dkt. 56), rejecting the NCAA on all four Nken factors: it had made no strong showing of likely success — its stay motion "essentially rehashes arguments" already rejected and barely engaged the clear-error standard that governs the court's factual findings on appeal; it offered no evidence of irreparable harm to itself; its claim that the class faces only "minimal harm" the court answered with a one-word "Nonsense"; and the public interest lies in antitrust compliance. The order's framing is that the disruption the NCAA complains of is "a bind of its own making." The injunction therefore remains in force. The NCAA had already filed an emergency motion in the Tenth Circuit before the ruling (No. 26-1309, Dkt. 9), and on August 11, 2026 that court entered an expedited briefing schedule on whether to pause the injunction while the appeal proceeds: the athletes' response was due August 14, 2026 and the NCAA's reply August 17, 2026. That is a scheduling order and nothing more: the class filed its response on August 14, 2026 and briefing closed on August 17, 2026 with the NCAA's reply. As of August 18, 2026 the Tenth Circuit has both sides' briefs in hand, has not ruled, and has not entered an administrative stay — so the injunction is live and the stay motion is now fully submitted. A ruling can land any day, with no further scheduled step in front of it. Separately, plaintiffs moved August 4, 2026 to enforce the injunction (Dkt. 46), arguing the NCAA is using transfer rules and transfer-related penalties to confine class members to a single buyer of their labor — the school they played for in 2025–26, which may have no roster spot left — and asking the court to require notice to schools and procedures for signing fifth-year athletes. The NCAA reads the four words narrowly, noting the same order says it does not enjoin transfer rules. That motion is fully briefed, and the court said it will rule in a forthcoming order.
Wisne v. NCAA, No. 1:26-cv-03063, 2026 WL 2214234 (D. Colo. July 31, 2026) (prelim. inj. & class cert.); clarification order (Aug. 2, 2026) (Dkt. 41); order denying stay (Aug. 10, 2026) (Dkt. 56); appeal docketed and expedited stay briefing set (response Aug. 14, reply Aug. 17, 2026), No. 26-1309 (10th Cir. Aug. 11, 2026)
Why it matters to you: As of today a large class of 2026 graduates can play a fifth season, and the trial judge has now refused to pause that twice over. Where they can play it is still the unsettled part: the order expressly leaves the NCAA's transfer rules standing, and whether it nonetheless bars the bylaws the NCAA uses to keep those athletes off other rosters is awaiting a ruling. Eligibility is not a roster spot, a scholarship, or a portal window. Treat this as the narrowest window on the board: the stay motion is fully briefed and submitted, so the Tenth Circuit could pull the whole thing back on any day now, without warning and without another deadline to watch first. If you are deciding whether to enroll, sign, or turn down another opportunity in reliance on a fifth season, understand that the legal ground under it may move before the season starts — confirm the status the day you act on it, not the week.
The eligibility MDL — In re NCAA Age-Based Eligibility Rules
Hearing set — Sept. 24 in ChicagoJudicial Panel on Multidistrict Litigation (NCAA seeks M.D. Tenn.)
Issue: Whether the scattered eligibility suits get centralized before one judge.
Where it stands: The NCAA moved August 1, 2026 to centralize the eligibility actions in the Middle District of Tennessee, where it says most named plaintiffs reside. The Panel docketed the motion as MDL No. 3198 and on August 5, 2026 set a briefing schedule: responses are due August 26, 2026 and the NCAA's reply September 2, 2026. Eight actions are named so far — Wisne, Morton, Fuller, Wiley, Zeigler, Pavia, Boyd and Patterson. Parties in Zeigler jointly moved to stay pending the Panel's decision, and the NCAA filed MDL notices in Patterson and Boyd in early August 2026. On August 14, 2026 the Panel set the motion for argument at its September 24, 2026 hearing session in Chicago — 9:30 a.m. Central, at the Northwestern Pritzker School of Law.
In re NCAA Age-Based Eligibility Rules Antitrust Litig., MDL No. 3198 (J.P.M.L.)
Why it matters to you: One judge could soon control the entire eligibility docket — including the fate of injunctions athletes have already won. Nothing is centralized yet, and now there is a date on it: the Panel does not hear the motion until September 24, 2026, so the split results below stay in force through the start of the season no matter how the Panel eventually rules.
Borovicanin v. NCAA
Stayed — injunction paused on appealHamilton County (Ohio) Court of Common Pleas (Judge Wagner)
Issue: Twenty-four basketball players excluded from a fifth season — pleaded as a state contract claim rather than antitrust.
Where it stands: Preliminary injunction entered July 9, 2026 barring the NCAA from enforcing Bylaw 12.6 and transfer-portal requirements against the plaintiffs, secured by a $200,000 bond. Judge Wagner then denied the NCAA's motion to stay his own injunction, writing that a stay was not warranted and that the NCAA "is subject to the results of its own decisions." The NCAA appealed to the Ohio First District Court of Appeals (No. C2600335) and filed its opening appellant brief on August 10, 2026, along with a reply pressing for a stay and for expedited briefing, argument and decision. On August 11, 2026 that court held it does have jurisdiction over the appeal — rejecting the threshold challenge that would have ended it — but deferred any decision on the stay. On August 17, 2026 the First District granted it, finding the NCAA had "presented a substantial case on the merits and have demonstrated irreparable harm." The July 9 injunction is therefore paused while the appeal proceeds. The athletes' appellee brief is due September 9, 2026 and an optional reply September 19, 2026; discovery continues below.
Borovicanin v. NCAA, No. A2603352 (Ohio Ct. Com. Pl. July 9, 2026), appeal docketed, No. C2600335 (Ohio Ct. App. 1st Dist.)
Why it matters to you: The stay does not put these twenty-four players on the sideline. They also fall inside the nationwide Wisne class, so their eligibility now rests on that federal injunction rather than on this order — which is the practical lesson: a second, independent basis for relief is what keeps you playing when your own case gets paused. It cuts the other way too. State contract theories have been winning at the trial level, but the first appellate court to weigh one on the merits leaned toward the NCAA.
The appellate line — Fourqurean, Elad & Robinson
NCAA winning on appealSeventh, Third and Fourth Circuits
Issue: Whether athletes can preliminarily enjoin the five-year and JUCO eligibility rules.
Where it stands: All three circuits reversed or vacated athlete injunctions. All three also held that eligibility rules are commercial and reachable under the Sherman Act — but require a full rule-of-reason analysis with real market evidence, not a "quick look." A Sixth Circuit appeal in Zeigler is pending.
Fourqurean v. NCAA, 143 F.4th 859 (7th Cir. 2025); Elad v. NCAA, No. 25-1870 (3d Cir. Nov. 25, 2025); Robinson v. NCAA, No. 25-2003 (4th Cir. Apr. 3, 2026)
Why it matters to you: The bar is higher than the early headlines suggested. An eligibility injunction now needs an economist and a defined labor market, not just a sympathetic story.
Patterson v. NCAA & Zeigler v. NCAA
Denied below — now waiting on WisneM.D. Tenn. (Chief Judge William L. Campbell, Jr.); E.D. Tenn. (Judge Katherine A. Crytzer) · Zeigler on appeal to the Sixth Circuit
Issue: Fifth-season claims under the four-seasons limit.
Where it stands: Patterson denied a preliminary injunction on January 15, 2026, holding the players showed harm to themselves but not to the market — and that the House cap and roster limits undercut their output theory. Plaintiffs filed renewed preliminary-injunction motions in July 2026 (Dkt. 107, 116), and on August 10, 2026 Chief Judge Campbell stayed the NCAA's deadline to respond to them pending further order, directing the parties to report on what the Tenth Circuit and the District of Colorado do in Wisne. Zeigler denied relief June 12, 2025; the appeal is pending, and on August 4, 2026 the Zeigler plaintiffs filed an amended complaint while the parties jointly moved to stay pending the MDL decision.
Patterson v. NCAA, No. 3:25-cv-00994 (M.D. Tenn. Jan. 15, 2026); order staying response deadline (Aug. 10, 2026) (Dkt. 129); Zeigler v. NCAA, No. 3:25-cv-00226 (E.D. Tenn. June 12, 2025)
Why it matters to you: Same rule, opposite results depending on the court and the evidence — and other courts are now openly waiting on Wisne before they rule. If your claim is in a court that has hit pause, your season may turn on a Tenth Circuit docket you are not a party to.
The rest of the eligibility docket
70+ suits and countingFederal and state courts nationwide
Issue: Individual and class challenges to the five-year rule, the JUCO-counting rule, and the new age-based model.
Where it stands: Results are split and moving weekly. Injunctions have issued in Blythe (Feb. 20, 2026), Kromah, Ondekane (July 1, 2026) and Washington (July 31, 2026); in Poteat, a Pennsylvania state court had ordered the NCAA to decide a junior-college waiver by noon on August 3, 2026, the NCAA let that deadline pass, and on August 14, 2026 the court modified its injunction to order that the player be allowed to compete in 2026-27 — he committed to a new school days later; TROs and injunctions have been denied elsewhere, including Cruz, which was transferred to the Northern District of California in early August 2026 where the new judge denied an ex parte TRO and set a briefing schedule; the NCAA filed its opposition there August 9, 2026, and on August 11, 2026 the court stayed the case after both sides agreed a stay was warranted because Cruz falls inside the Wisne class. New complaints continue to be filed. Lorient was filed August 3, 2026. In Evans, an NC State defensive lineman denied a waiver sued August 7, 2026 in the Eastern District of North Carolina on Sherman Act, third-party-beneficiary and good-faith theories, and on August 10, 2026 Judge Louise W. Flanagan granted a temporary restraining order without notice and without bond, ordering the NCAA to treat him as immediately eligible for fourteen days through August 24, 2026 unless extended, with an administrative conference August 18 to set the preliminary-injunction schedule. Briefing also continues in Morton and Larry, where plaintiffs filed notice of the Wisne ruling as supplemental authority. On August 12, 2026 a group of class-of-2022 athletes across basketball, football and baseball — including Missouri forward Mark Mitchell and two Louisville football players — sued the NCAA in Jefferson Circuit Court in Kentucky (Judge Brian C. Edwards), aiming squarely at the gap Wisne left open: they ask not only for a fifth season but for an order barring the NCAA from keeping them off any Division I roster because they never entered the transfer portal, and for the portal to be opened for them through August 18, 2026. A hearing set for August 13 was moved to August 14, 2026, when Judge Edwards heard roughly an hour of argument. He declined to grant immediate temporary relief opening the portal, and instead gave both sides until Tuesday, August 18, 2026 to file supplemental written argument, saying he expects to rule by the end of that week. The NCAA argued the Kentucky court should not reach the dispute at all because these athletes are already covered by the Colorado federal injunction; plaintiffs answered that their claims sound in contract rather than antitrust and that the Wisne relief is not enough to get them onto a roster. On that schedule the ruling comes after August 18 — the very date through which these athletes asked to have the portal opened. That date is now here, with the supplemental briefs due and no order in hand.
Representative: Blythe (D. Nev.), Kromah, Ondekane, Washington, Campbell (N.D. Ill.), Cruz, Lorient, Morton, Larry, Coly (N.D. Ind.), Hasz (D. Neb.), Hamilton (E.D. La.), Martinson (D. Nev.), Boyd (M.D. Tenn.), Evans v. NCAA, No. 5:26-cv-00552 (E.D.N.C.), Poteat v. NCAA, No. 260702939 (Pa. Ct. Com. Pl.)
Why it matters to you: The courthouse is now a real option if your season depends on a waiver — and Evans shows a judge will move in days when practice, medical care and meals are on the line. But short-fuse relief is exactly that: a fourteen-day order is a chance to be heard, not a season. The Kentucky suit is the tell on where this is heading: winning eligibility and being able to use it are now two separate fights, and athletes who did not enter the portal in the spring are having to sue a second time for a place to play. It is also a caution about speed — that judge took the emergency request under submission rather than granting it, set another round of briefing, and the portal date the athletes asked for arrived with nothing entered. Poteat is the other half of that lesson: that athlete won because his court was willing to go back and enforce its own order when the NCAA let a deadline lapse. Do not build a fall plan around relief a court has not actually entered. Weigh any of it against the NCAA's Rule of Restitution, which can claw back results if an injunction is later vacated.