Tenth Circuit rules in favor of NCAA in Wisne eligibility lawsuit, overturns injunction

In a landmark legal win for the NCAA, the Tenth Circuit ruled in the governing body's favor in the Wisne eligibility lawsuit on Friday. As a result, the injunction has been overturned as athletes sought a fifth year.

The suit was filed in Colorado over the summer in light of the NCAA's age-based, five-year eligibility model. Upon implementation, the new rule was not retroactive to members of the class of 2022, and a number of legal challenges followed.

Judge Charlotte Sweeney of the U.S. District Court for the Northern District of Colorado ruled in favor of the class by granting a nationwide injunction. In September, though, the Tenth Circuit granted the NCAA's request for a stay of the injunction, which meant it was on pause pending a ruling from the court.

Attorneys for both the plaintiffs and the NCAA argued before the three-judge panel Oct. 13. During oral arguments, the judges said one of the central parts of the case was figuring out how the athletes would be harmed if they were not declared eligible.

"It doesn't seem there's been a definition of the market from a huge, huge division – golf, everything," U.S. Circuit Judge Paul Kelly said during the hearing, via the AP . "And you're lumping them all together and you never looked at commonality and interchangeability of the various buyers."

While the court stayed the Wisne injunction, more lawsuits were filed at the state level. The NCAA won out in some of those cases, including in Kentucky, Arizona and Ohio. As a result, athletes in those cases would not be eligible pending a final ruling.

The Kentucky case notably includes Thomas Castellanos , who played four games for the Red Raiders after securing a preliminary injunction. However, after the Kentucky Court of Appeals dissolved the temporary injunction, his availability came into question while awaiting a hearing. A judge then granted a motion for a new injunction , and Castellanos suited up for Texas Tech vs. Arizona State .

The NCAA announced implementation of its five-year, age-based eligibility model this summer. Athletes will now get five years to play five seasons, with their eligibility "clock" starting at their 19th birthday or the date they enroll at a university, whichever happens first.

The Tenth Circuit's ruling also comes as the Protect College Sports Act heads to the U.S. House of Representatives. It advanced out of the Senate by a 77-22 margin in late September and addresses eligibility, among many other issues. The House is not due back in session until after the midterm elections.