Mario Chalmers NIL Lawsuit Against NCAA Dismissed Over Statute of Limitations

A federal judge has dismissed Mario Chalmers’ NIL lawsuit against the NCAA, ruling the claims were filed too late and had already been addressed in prior cases.

Apr 7, 2008; San Antonio, TX, USA; Kansas Jayhawks guard Mario Chalmers (15) holds up a piece of the net after defeating the Memphis Tigers in the finals of the 2008 NCAA Mens Final Four Championship at the Alamodome. Kansas defeated Memphis 75-68 in overtime to win the national championship. Mandatory Credit: Bob Donnan-Imagn Images / Bob Donnan-Imagn Images

A federal court just handed the NCAA a major win in its long-running legal battle over past name, image, and likeness (NIL) restrictions. This win could have major implications for dozens of similar lawsuits pending around the country.

On April 28, U.S. District Judge Paul A. Engelmayer dismissed the antitrust lawsuit brought by former Kansas Jayhawks star Mario Chalmers and 15 other former college basketball players, ruling that their claims were time-barred under the federal statute of limitations for antitrust cases. The plaintiffs argued that the NCAA unlawfully used their NIL to promote March Madness and other commercial ventures without compensation, even decades after their playing careers had ended. But Engelmayer wasn’t convinced.

Under federal antitrust law, plaintiffs typically have four years from the date of the alleged violation to file suit. The Chalmers plaintiffs, all of whom played before 2016, attempted to argue that the NCAA’s continued use of their NIL constituted a “continuing violation” that restarted the clock. Engelmayer rejected that logic outright, writing that the NCAA’s ongoing use of NIL footage was not a new anticompetitive act but a residual effect of agreements signed during their playing careers. “The use by the NCAA of a NIL acquired decades ago as the fruit of an antitrust violation does not constitute a new overt act,” the court stated.

This wasn’t the only hurdle for Chalmers’ team. Engelmayer also ruled that their claims were duplicative of earlier lawsuits, including O’Bannon v. NCAA and Alston v. NCAA, which already addressed the legality of NIL restrictions. Because many of the Chalmers plaintiffs were members of those previous class actions—or had signed settlement releases—their new claims were barred under legal doctrines that prevent the relitigation of already-settled matters.

The decision may effectively close the door on retroactive NIL compensation claims from athletes who played before 2016. The House v. NCAA settlement, currently awaiting final approval, only covers players from 2016 onward, meaning athletes from earlier eras are not eligible for back pay under that deal either. This leaves a narrow and rapidly shrinking legal path for anyone hoping to challenge the NCAA’s past NIL practices.

Already, the NCAA has cited Engelmayer’s ruling in an attempt to dismiss a similar case brought by members of the 1983 NC State basketball team. And with the logic of the Chalmers decision now on record, other judges may follow suit.

The Chalmers ruling is a sobering reality check for athletes who missed the window. Whatever claims they may have had, the courts are now saying it’s simply too late.