By Joseph Michael Ricco IV
Tatuo Martinson, a University of Nevada, Las Vegas football player, won a preliminary injunction against the National Collegiate Athletic Association (NCAA) after it attempted to count his junior college seasons toward his Division I eligibility. The ruling allows him to play in 2025 and pursue opportunities tied to Name, Image, and Likeness (NIL) compensation. This article reviews the case, the court’s decision, and comments from his attorney Gregg Clifton on its significance.
Martinson’s Case
Martinson’s dispute with the NCAA centered on the Five-Year Rule, which limits athletes to five years of eligibility beginning with their initial collegiate enrollment. The rule applied to Martinson’s time in junior college, leaving him without a path to compete at the Division I level despite not having exhausted his actual playing seasons. His challenge argued that the NCAA’s interpretation unfairly penalized athletes who choose the junior college route instead of starting at a four-year institution.
At the center of this case was Martinson’s desire to continue his football career at the University of Nevada, Las Vegas and to capitalize on scholarship and Name, Image, and Likeness opportunities tied to his participation. Without relief from the court, he faced the loss of both an additional season of competition and the academic and financial benefits that came with it.
The Court’s Ruling
A federal judge in Nevada granted Martinson a preliminary injunction, finding that his challenge to the Five-Year Rule was likely to succeed under antitrust law and that blocking his eligibility would cause irreparable harm. The decision ensured that Martinson can play in the 2025 season while the case continues, protecting both his chance to compete and his ability to benefit from scholarship and NIL opportunities.
From Martinson’s Attorney
To gain further insight into the case, I reached out to Gregg E. Clifton, a partner at Lewis Brisbois Bisgaard & Smith LLP and the firm’s sports practice chair, who represented Martinson in the lawsuit. Clifton emphasized that this ruling was not an isolated event, but part of a growing recognition by the courts of how the NCAA’s eligibility rules impact student-athletes who take the junior college route.
“This decision is significant because this is the second time in the last two months where we have successfully secured injunctive relief for a student-athlete and helped him gain an extra year of eligibility by arguing that the years spent in junior college should not be counted,” Clifton said. He pointed to the earlier Cortez Braham decision as another example where the courts sided with athletes seeking only the opportunity to finish their careers and pursue NIL opportunities.
Clifton added that these cases highlight the unfairness of penalizing athletes who choose junior college before moving to a Division I program. In his view, the rulings underscore that players like Martinson are not looking for special treatment or a competitive advantage, but simply the chance to use the full extent of their eligibility.
Case Significance
This case shows the growing tension between long-standing NCAA eligibility rules and the evolving realities of college athletics. With courts increasingly willing to step in, athletes who take nontraditional paths such as junior college may find new opportunities to extend their careers and benefit from Name, Image, and Likeness compensation. While the entire legal fight over the Five-Year Rule is not yet resolved, Martinson’s victory represents a shift in how eligibility disputes are being viewed and signals that the balance of power between the NCAA and student-athletes continues to change.
Joseph Michael Ricco IV is a senior at the University of Texas at Austin studying sport management and government. He has experience in recruiting operations with Texas Football, training camp operations with the Kansas City Chiefs, and football data with Pro Football Focus. He also publishes work on sports law topics, including salary cap, NIL, and CBAs. Joseph plans to attend law school and pursue a career in football operations, player personnel, or administration.
