Legal Expert Explains Latest Court Developments in Brenen Lorient/Javan Buchanan Case

The start of West Virginia's 2026-27 season is one week away, and we are still unsure if Brenen Lorient and Javan Buchanan are fully in the clear.

We do, however, have an update on their case, as the courts have denied an expedited briefing.

“Upon consideration of appellant’s motion to expedite the briefing and argument schedule, the court denies the motion to accelerate case processing and defers the motion to expedite decision pending assignment to a panel on the merits,” the document reads.

The briefing schedule was also posted, which has the NCAA’s opening brief due November 30th, and the response from the defending party, Brenen Lorient; Javan Buchanan; Jason Chambers; Benjamin McDougal, due December 29th. The reply from the NCAA is due within 21 days of the response submitted by the student-athletes.

On October 2nd, the NCAA submitted a notice of appeal of the ruling that took place on September 30th, granting Lorient, Buchanan, WVU football player Jason Chambers, and WVU baseball pitcher Ben McDougal a preliminary injunction.

So, what does this mean?

No expedited briefing is a good thing. However, the one thing we are still unsure of at this point in time is whether the district court will issue a stay. If that happens, well, things would not be so good, to put it simply.

Legal expert Sam C. Ehrlich told West Virginia On SI that the court will “Almost certainly deny a stay first, and it set a schedule that has briefing on that motion done November 2. So likely a decision there by the end of the first week of November. Assuming it is denied, the NCAA will then refile for a stay in the court of appeals, and then it's hard to say how much time it'll take.”

For reference, Ehrlich mentioned last year's case involving WVU football defensive lineman Jimmori Robinson.

“It's almost two full months behind the Jimmori Robinson briefing schedule, so as long as the assigned panel doesn't act extraordinarily quickly, it's looking like both Lorient and Buchanan will be available for the full season... or won't be available at all if a stay is issued.”

Both Lorient and Buchanan are currently eligible. But it's important to note that the NCAA cannot enforce its Rule of Restitution against WVU or the players. That means if Lorient and Buchanan compete in games and the court's ruling is later overturned, neither the players nor the university can be penalized under that rule for relying on the injunction.

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