Nyzier Fourqurean's lawyer argues legal case for Wisconsin Badgers CB to get 5th year of eligibility

Luke Fickell has been confident his CB will be back for 2025

Wisconsin cornerback Nyzier Fourqurean (10) covers Minnesota wide receiver Daniel Jackson (9) during the first quarter of their game Saturday, November 25, 2023 at Huntington Bank Stadium in Minneapolis, Minnesota. Wisconsin beat Minnesota 28-14. | Mark Hoffman/Milwaukee Journal Sentinel / USA TODAY NETWORK

The Wisconsin Badgers have been operating under the assumption that cornerback Nyzier Fourqurean will be eligible to play in 2025, technically in his fifth year of participation.

His case for eligibility is still playing out in federal court, where the NCAA is appealing his lawsuit.

Earlier this year, a judge issued a preliminary injunction that granted him his fifth year of eligibility.

An appeals court heard oral arguments in the case on Wednesday to take into consideration for a future ruling.

Ok! Here we go -- arguments in Fourqurean are about to start.

As the document below indicates, the parties will be arguing before Judges Ripple, St. Eve, and Kolar.

A familiar name -- Rakesh Kilaru -- will argue for the NCAA. Michael Crooks of vonBriesen for the plaintiff. https://t.co/1bCM6FUUgx

— Sam C. Ehrlich (@samcehrlich) May 28, 2025

Fourqurean's lawyer Michael Crooks argued that withholding his fifth year of eligibility would be a violation of antitrust laws because it would restrict his ability to benefit from the financial market that college football has become.

"What we need are meaningful exceptions to the eligibility rules now that they have become commercial in nature. We're not asking the court to throw out the eligibility rules in their entirety."

Michael Crooks

The NCAA's attorney said that antitrust laws regulate competition more generally, and courts haven't ruled for competitors at the individual level. He argued that Crooks didn't properly establish evidence of the economic market for Fourqurean.

The judges didn't give strong indications of where they lean in the case, but they asked pointed questions to both lawyers as they tried to narrow in on the legal arguments.

When Luke Fickell was asked about the case back in March, he was adamant that Fourqurean will be with the team this season.

"He's playing," Fickell said. "We're moving forward 100 percent, and that's what we believe."

Here was #Badgers HC Luke Fickell’s response to the Nyzier Forqurean case back in March.

It’s a big morning for the Badgers roster. pic.twitter.com/rt4jVGxaaQ

— Donte Hadler (@DonteHadler) May 28, 2025

The case doesn't have a timeline for when a ruling will be issued on the NCAA's appeal, but the court put the case on an expedited schedule for hearings, so a final decision should come sooner rather than later.

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