Sam C. Ehrlich

LSU's Last-Tear Poa files lawsuit against U.S. Immigration Services LSU basketball's Last-Tear Poa has filed a lawsuit in the Middle District of Louisiana against U.S. Citizenship and Immigration Services.

Some additional background on the lawsuit from when it was filed: www.on3.com/nil/news/lsu...

Importantly, the court did NOT answer this question, merely finding instead that it needs a full post-discovery administrative record to make a ruling here.

But this ruling keeps alive a lawsuit that will clearly have major, major impact on college sports.

Poa argued that the manner by which courts are asked by USCIS to interpret "temporarily and solely" is contradictory: permitting dual roles as "student-athletes" for F-1 visas while precluding it for P-1A visas. She argued that's arbitrary and capricious under the APA.

So Poa applied for a P-1A visa. She was denied on the basis that P-1A visaholders must be coming to to the US "solely for the purpose of [playing sports]." USCIS regulations hold that student-athletes come for education, not "solely for the purpose of [playing sports]."

The lawsuit is over a post-NIL gap that exists between F-1 (student) and P-1A ("internationally recognized athletes") visas.

Student-athletes have traditionally gotten F-1 visas, but F-1 regulations place significant limitations on holders' abilities to make money in the US.

Interesting news this morning concerning international college athletes: A Louisiana federal court has **denied** a USCIS motion to dismiss Arizona State basketball player Last-Tear Poa's lawsuit against the agency over the agency denying her petition for a P-1A visa. 🧵

Just updated the "key dates this month" section of the College Sports Litigation Tracker... it's going to be a big month in the college sports law world!

Handful of college athletes sue NCAA over redshirt rule in case that could cover thousands Vanderbilt linebacker Langston Patterson and former Hawaii quarterback Brayden Schager are among 10 plaintiffs suing the NCAA over its redshirt rule that puts restrictions on the five years the athlet...

Handful of college athletes sue NCAA over redshirt rule in case that could cover thousands apnews.com/article/ncaa...

Breaking down Wisconsin football legal cases with Sam C. Ehrlich One of the up-and-coming voices in the nation regarding college sports litigation talks about Nyzier Fourqurean's eligibility case and Wisconsin vs. Miami

Had a fantastic time chatting with the one and only @samcehrlich.com about two legal cases involving Badgers football. Check out what he had to say about Nyzier Fourqurean's battle with the NCAA, along with Wisconsin vs. Miami.

three men in armor are standing next to each other with the words and so it begins below them ALT: three men in armor are standing next to each other with the words and so it begins below them

The start of a new semester...

The Sixth Circuit has set oral arguments in the NCAA's appeal of the Diego Pavia lawsuit for October 23.

Unlike the other eligibility rule appeals (Fourqurean/Elad/Braham), this appeal won't affect Pavia's 2025 playing status. But it'll certainly affect others' moving forward.

Here's the full amicus brief: drive.google.com/file/d/1vR0K...

This is a rather significant turn of events, as the first time a state attorney general has weighed in on one of these cases. Though, of course, this particular office has gone after the NCAA in the recent past as a chief litigant in the Ohio lawsuit over transfer rules.

The West Virginia attorney general's office has filed a motion to weigh in on the eligibility lawsuit involving four would-be WVU transfers, supporting the athletes' argument that the challenged eligibility rules violate the Sherman Antitrust Act.

They could use you!! 😁

SFA states they lack enough athletes to field teams and reinstating them would cost $1 million. They take issue with the court's contention that their budget woes are self-inflicted by their choice to opt into the House settlement.

These motions are always kind of funny to me because they're essentially "Hey, we know you ruled this way, but you're wrong and you're going to get overturned on appeal so can we get a stay until that happens?"

The Texas AG's office is seeking a stay of the preliminary injunction forcing them to reinstate Stephen F. Austin's women’s beach volleyball, bowling, and golf teams while they appeal the decision to the Fifth Circuit.

I'd imagine it's unlikely this gets granted, but we'll see.

The complaint is an intriguing read. It goes deeper into developing antitrust theories than others have, outlining "pride of place" (arguing the rules to attend NCAA schools over JUCOs) and essential facilities theories. (We'll see if that matters) drive.google.com/file/d/1ugqM...

Of note, this case is filed in the Northern District of West Virginia -- the same court that held the transfer portal "year-in-residence" rule to violate antitrust law. No word yet on whether the same judge (Judge John P. Bailey) will been assigned.

We have eligibility rule lawsuit #30. This one involves multiple athlete-plaintiffs, all seeking to play football this fall for West Virginia after transferring there this spring.

The plaintiffs are Jimmori Robinson, Jeffrey Weimer, Tye Edwards, and Justin Harrington.

Putting my life savings on a Pitt natty this year

Finally got a chance to dig into the SFA Title IX opinion from last night and this note on the balance of hardships preliminary injunction element... seems impactful.

Since I'm fairly sure SFA won't be the only one to cut sports citing increased costs due to the House settlement.

Judge denies $335M UFC antitrust settlement U.S. District Judge Richard Boulware denied a preliminary approval for settlement in the UFC antitrust lawsuit Tuesday.

(Judge Boulware last year rejected a class action settlement of an antitrust case against the UFC, finding that the damages were not high enough to properly compensate the fighter-plaintiffs) www.espn.com/mma/story/_/...

Of note, this case was filed by the same attorneys who secured an injunction for ex-Nevada WR Cortez Braham, Jr., and in the same court (D. Nevada). Different judge (at least for now), but sports law fans may recognize the judge it was assigned to: Judge Richard F. Boulware, II.

Eligibility rule lawsuit #29 has been filed. This one is by UNLV DL Tatuo Martinson, who played two years (bookending a cancelled 2020-21 season) at JUCO American River College and three years (including one redshirt year) at UNLV.

To be clear, denial of the TRO isn't a be all end all; the preliminary injunction hearing will truly determine whether they can play this year. Diego Pavia's TRO motion was denied too.

However, given this judge's (rather terse) opinion on Giles's TRO, maybe a tall hill to climb.

A California federal court has denied UCLA transfer Kaedin Robinson's motion for a TRO, but set a hearing on the injunction for August 18.

Of note, the judge is also presiding over U San Diego transfer Jagger Giles's case, and also set a hearing in that case for the same day.

This is a fascinating case -- and one that threatens to take another brick out of the NCAA's amateurism definitions and eligibility systems. One to watch as it moves towards a potential trial.