In today’s news and commentary, the NCAA and the Big Ten respond to NIL suit by former star running back Ezekiel Elliott, while the Seventh Circuit ruled against former postal worker’s discrimination suit. 

The NCAA and the Big Ten on Thursday filed a motion to dismiss against former Ohio State star running back Ezekiel Elliott’s lawsuit under the Sherman Act to recoup name, image, and likeness (NIL) payments he claims he is owed from his time playing in college. Elliott’s suit alleges that the NCAA and Big Ten used his NIL for their own commercial gain while excluding him from any revenue generated. Though antitrust suits under the Sherman Act come with a four-year statute of limitations, Elliott asked for an exception due to ongoing violations and fraudulent concealment. The NCAA and the Big Ten responded by noting that “ongoing use of game footage or video clips featuring [Elliott]’s performances during his 2013-2015 collegiate career is a consequence of past conduct, not a new overt act capable of restarting the limitations period.” They noted that his claims are precluded by past class action settlements, including the case that ultimately opened the door to the college athlete compensation scheme of today. 

Also on Thursday, the Seventh Circuit affirmed a Northern District of Illinois order granting summary judgment for the United States Postal Service (USPS) in a suit alleging discrimination against a Middle Eastern former postal worker. The worker, Yousef Ismail, alleged that his race and national origin played a role in his being escorted from work by police and placed on unpaid leave following an altercation with supervisors, while a White female colleague received no such similar treatment after she confronted and yelled at a supervisor. Ismail also cited being mistakenly penalized for failing to work while sick with Covid as evidence of a pattern of discrimination. The Seventh Circuit held that Ismail failed to show that he was treated less favorably than another similarly situated coworker not in his protected class, noting that he did not directly observe or have personal knowledge of the incident pertaining to his White female colleague. The decision was written by Judge John Le, a Biden appointee, and joined by Judges Kenneth Ripple, a Reagan appointee, and Thomas Lee Kirsch II, a Trump appointee.