NASHVILLE, Tenn. (AP) — The NCAA was back in court Tuesday fighting for the future of its eligibility rules through the case of Vanderbilt quarterback Diego Pavia, who is playing his fourth Division I season under a preliminary injunction.
Attorney Rakesh Kilaru argued in court before a three-judge panel of the 6th U.S. District Court of Appeals that the NCAA believes its rules determining athlete eligibility do not violate the Sherman Act or other antitrust laws. Kilaru also said the association
intends to enforce its rules.
“I would venture we’ll be back in court in weeks or months,” Kilaru said.
Any ruling by the appeals court won't affect Pavia's status this season. The NCAA granted a waiver after the injunction granting eligibility through the 2025-26 academic year for junior college athletes who would have exhausted eligibility during the 2024-25 academic year.
A federal judge agreed last December that Pavia had a strong likelihood of success at trial against the NCAA rule limiting junior college players' eligibility as a restraint of trade under the Sherman Act.
Pavia started playing at New Mexico Military Institute in 2020 (the NCAA did not count that season toward eligibility because of the pandemic.) He led the junior college to the 2021 national championship, then played at New Mexico State in 2022 and 2023 before transferring to Vanderbilt for the 2024 season. This is his fourth Division I season.
Attorney Ryan Downton argued on behalf of Pavia, who was at practice with No. 20 Vanderbilt (3-0) during the morning hearing.
Downton told judges the issue is that the NCAA's rules are commercial in nature by limiting the labor market. The NCAA starts an athlete's eligibility clock by counting even years played outside the association's membership at junior colleges.
After the hearing, Downton said they are hoping for a ruling on the case's merits even as Pavia has NFL plans in 2026. Pavia’s lawsuit includes the possibility of a fifth year of eligibility within five consecutive years targeting the NCAA's Redshirt and Five-Year rules — a season which Downton says his client isn’t interested in.
Pavia just wants future athletes to have that chance with this being his last season, as he shared on social media Tuesday.
“His plan is to play in the NFL and doesn’t want there to be any doubt or misunderstanding,” Downton said. “He has had a great college career, but he’s planning on playing in the NFL. He wants all other junior college players to have the same opportunity he’s had.”
Kilaru left immediately after the hearing with another oral argument scheduled Wednesday before the 3rd U.S. Circuit Court of Appeals involving another eligibility case. The NCAA has been dealing with approximately 21 lawsuits over eligibility alone.
That one involves Jett Elad seeking to play for Rutgers this season under that NCAA waiver. Elad also is challenging the NCAA’s Five-Year Rule limiting athletes to four seasons of competition while allowing a redshirt year.
Downton helped file another lawsuit over the NCAA's redshirt rule restricting athletes to playing four seasons with a redshirt season over five years. That lawsuit potentially could include thousands of NCAA athletes.
The attorney said immediately after Tuesday's hearing that the big question is whether the appeals court rules on the merits of Pavia's case. That's important because players with eligibility questions for next season are not covered by that narrow NCAA waiver.
Downton said the question is whether yet another lawsuit would be needed on the NCAA counting junior college seasons in limiting eligibility.
“They may say we want you to develop more of the record at the district court," Downton said. "So we’ll see what happens.”
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