By Joseph M. Ricco IV
Reggie Bush, former University of Southern California (USC) running back and Heisman Trophy winner, has filed a lawsuit against the National Collegiate Athletic Association (NCAA), USC, and the Pacific-12 (Pac-12) Conference. He claims these organizations profited from his name, image, and likeness (NIL) without ever compensating him. Despite changes in NCAA rules allowing current athletes to benefit from NIL deals, Bush alleges that the NCAA, USC, and Pac-12 have delayed any effort to address the exploitation that began during his college career and continues to this day. This article will explore the key points of Bush’s case and the legal issues involved.
Reggie Bush’s Case
Reggie Bush was one of college football’s most electrifying players during his time at USC, winning the Heisman Trophy in 2005 for his standout performances. However, his college career was later overshadowed by a scandal in which the NCAA determined that Bush and his family received improper benefits while he was a student-athlete. As a result, USC was hit with heavy sanctions, and Bush voluntarily forfeited his Heisman Trophy in 2010. In recent years, with the NCAA changing its stance on athletes profiting from their name, image, and likeness, there has been growing momentum to restore Bush’s legacy. The Heisman Trophy was returned to him in 2023, but Bush believes that much more needs to be done to right the wrongs of the past.
In his lawsuit, Bush alleges that the NCAA, USC, and the Pac-12 profited from his NIL throughout his college career and beyond, without adequately compensating him. He argues that while he was prohibited from benefiting financially during his time as a student-athlete, these organizations made millions of dollars from his name, including through TV deals, merchandise sales, and video games. Bush claims that this exploitation has continued for years, even after NCAA rules changed in 2021 to allow athletes to profit from NIL deals. The lawsuit centers around the delay in addressing these issues, with Bush seeking compensation and a broader conversation about how college athletes—both past and present—should be treated in relation to NIL.
Legal Issues Involved
At the core of Reggie Bush’s lawsuit are several legal claims related to the improper use of his name, image, and likeness by the NCAA, USC, and the Pac-12. Bush argues that these organizations violated both federal and California antitrust laws by profiting from his NIL without compensating him. He alleges that this exploitation began during his college career and continues to this day. Central to his case is the claim that the NCAA’s previous rules, which prohibited athletes from benefiting financially from their NIL, were an unlawful restraint of trade. Bush’s legal team points to specific California laws, such as the Cartwright Act, which governs unfair business practices and conspiracies to restrain trade.
Bush also claims unjust enrichment, asserting that the defendants unfairly gained millions of dollars from his NIL while he received no compensation. This aspect of the case focuses on how the NCAA, USC, and Pac-12 continued to profit from his public persona long after his college career ended. For example, the defendants allegedly benefited from merchandising, including jersey sales, and through licensing deals with video game companies like Electronic Arts. Bush argues that these profits, tied directly to his name, image, and likeness, were earned at his expense and should be repaid.
Another key legal issue centers on the statute of limitations. The NCAA and the other defendants are likely to argue that too much time has passed since Bush’s college career for these claims to be valid, as antitrust and unjust enrichment cases typically have a limited timeframe in which they can be brought. However, Bush’s legal team contends that the exploitation of his NIL is ongoing, which would extend the window for filing this lawsuit. They argue that because the NCAA and its partners continue to profit from Bush’s legacy, the statute of limitations should not apply in this case.
Broader Implications
Reggie Bush’s lawsuit not only highlights his personal fight for compensation but also raises broader questions about how past college athletes should be treated in today’s evolving landscape of NIL rights. As the NCAA now allows current athletes to profit from their NIL, Bush’s case forces a re-examination of how past policies impacted players who helped drive the sport association’s financial success. If successful, this lawsuit could set a precedent for other former athletes seeking compensation for their contributions during an era when they were prohibited from profiting off of their NIL, potentially reshaping the relationship between athletes and the NCAA.
Joseph M. Ricco IV is a junior sport management and government double major at the University of Texas at Austin. Joseph is actively involved as a Texas Longhorns Football Recruiting Operations Intern and currently works with Pro Football Focus as a Data Collector. He also has experience as a Training Camp Operations Intern with the Kansas City Chiefs. Joseph aims to leverage his sports management and legal knowledge to pursue a career in football administration.
References
Clinkscales, J. (2024, September 23). Reggie Bush sues USC, Pac-12, NCAA for “uncompensated” nil use. Sportico.com. https://www.sportico.com/law/news/2024/reggie-bush-sues-usc-pac-12-ncaa-nil-1234798314/
Evans, L. (2024, October 7). USC believes Reggie Bush’s lawsuit over unpaid Nil Compensation “has no merit.” does it? San Gabriel Valley Tribune. https://www.sgvtribune.com/2024/10/07/usc-believes-reggie-bushs-lawsuit-over-unpaid-nil-compensation-has-no-merit-does-it/
Mandel, S. (2024, September 23). Reggie Bush sues NCAA citing nil “injustice” in bid to recoup money from college career. The New York Times. https://www.nytimes.com/athletic/5789591/2024/09/23/reggie-bush-lawsuit-ncaa-pac-12-nil/
McCann, M. (2024, September 25). Reggie Bush Nil suit likely to spur timeliness defense from NCAA, USC. Sportico.com. https://www.sportico.com/law/analysis/2024/ncaa-usc-pac-12-defenses-reggie-bush-1234798567/
Pettersson, E. (2024, September 23). Reggie Bush sues NCAA, USC and Pac-12 over the use of his name, image. Courthouse News Service. https://www.courthousenews.com/reggie-bush-sues-ncaa-usc-and-pac-12-over-the-use-of-his-name-image/
Schilken, C. (2024, September 24). Reggie Bush lawsuit accuses USC, Pac-12, NCAA of profiting from his nil “without compensating bush one penny.” Los Angeles Times. https://www.latimes.com/sports/usc/story/2024-09-24/reggie-bush-lawsuit-usc-pac-12-ncaa-nil#:~:text=Reggie%20Bush%20lawsuit%20accuses%20USC,compensation%20he%20alleges%20he%20lost
Shore Fire Media Inc. (2024, September 23). Reggie Bush Sues NCAA, USC, And Pac-12 For Profiting From Uncompensated Use Of Name, Image, And Likeness. publicnow.com. https://www.publicnow.com/view/EBDDDC6EFB75D3A8031FC9A1BF5E74FCB1018DF0
