URGENT UPDATE: A North Carolina judge has dismissed the lawsuit filed by the legendary 1983 NC State men’s basketball team, halting their bid for compensation related to name, image, and likeness (NIL) rights. This decision was confirmed earlier today by Superior Court Judge Mark A. Davis, marking a significant setback for the team famously known as the “Cardiac Pack.”
The lawsuit sought “reasonable compensation” for the players, alleging that for over 40 years, the NCAA and its affiliates have exploited the team’s publicity rights, particularly from their iconic 54-52 victory over Houston in the 1983 national championship. That game is remembered for Lorenzo Charles‘s thrilling buzzer-beater and Jim Valvano‘s emotional celebration on the court, moments that defined March Madness and generated millions for the NCAA.
In a 44-page ruling released this afternoon, Judge Davis stated that the claims were “untimely” and preempted by federal copyright law. The NCAA had previously requested the dismissal based on a similar lawsuit’s outcome involving a former Kansas player, which was also thrown out in April.
The lawsuit filed in June 2024 by twelve members of the championship team argued that the NCAA’s actions constituted a systematic misappropriation of their names, images, and likenesses. “We are proud of these Cardiac Pack players who stood up in the national fight for justice against a system that colludes to exploit young and often vulnerable student athletes,” stated attorney Stacy Miller, representing the players.
While the NCAA has been under scrutiny for its treatment of student-athletes, a recent settlement known as the House vs. NCAA agreement, approved in June, promises nearly $2.8 billion in back pay to athletes for lost NIL opportunities since 2016. However, neither Lorenzo Charles nor Dereck Whittenburg, whose missed shot led to the winning dunk, joined the lawsuit.
This ruling not only affects the legacy of the 1983 NC State team but also highlights the ongoing battle over NIL rights in college athletics. As the landscape of college sports continues to evolve, the implications of this dismissal will be closely watched by former athletes and advocates for student rights alike.
Stay tuned for more updates on this developing story as it unfolds.