N.C. State ‘Cardiac Pack’ Lawsuit Thrown Out: Judge Says NCAA Not Responsible for NIL Claims
A judge in North Carolina struck down a case filed by twelve players from the 1983 N.C. State championship basketball team. They wanted money from the NCAA for using their…
SPOKANE, WASHINGTON – MARCH 28: The NC State Wolfpack pep band performs before the game between the LSU Lady Tigers and the NC State Wolfpack in the Sweet Sixteen round of the NCAA Women’s Basketball Tournament at Spokane Arena on March 28, 2025 in Spokane, Washington. (Photo by Alika Jenner/Getty Images)
(Photo by Alika Jenner/Getty Images)A judge in North Carolina struck down a case filed by twelve players from the 1983 N.C. State championship basketball team. They wanted money from the NCAA for using their names and pictures.
In a detailed 44-page decision, Superior Court Judge Mark A. Davis ended the case. He wrote that the players waited too long to sue and failed to show their rights were broken. "Because their claims are untimely, barred by their failure to allege a violation of a legally enforceable right, and preempted by the federal Copyright Act, dismissal of this action in its entirety is appropriate," Davis stated per ESPN.
The team filed papers in June 2024 asking for a trial and cash payment. "For more than 40 years, the NCAA and its co-conspirators have systematically and intentionally misappropriated the Cardiac Pack's publicity rights — including their names, images, and likenesses — associated with that game and that play, reaping scores of millions of dollars from the Cardiac Pack's legendary victory," stated the lawsuit according to ESPN.
After winning a similar case against a Kansas player last April, the NCAA pushed to end this suit, too. The ruling adds to the growing debate about paying college athletes.
Attorney Stacy Miller spoke up for the former players to WRAL: "We are proud of these Cardiac Pack players who stood up in the national fight for justice against a system that colludes to exploit young and often vulnerable student athletes."
The players who sued were Thurl Bailey, Alvin Battle, Walt Densmore, Tommy DiNardo, Terry Gannon, George McClain, Cozell McQueen, Ernie Myers, Walter Proctor, Harold Thompson, and Mike Warren. Martha Mobley acted for Quinton Leonard's family.
Two key players from the title game — Lorenzo Charles and Dereck Whittenburg — stayed out of the lawsuit. Back in 1983, Charles caught Whittenburg's shot and dunked it as time ran out to beat Houston 54-52.
A new deal called the House vs. NCAA Settlement got approved in June 2025. It will pay $2.8 billion to athletes who played from 2016 to now for missed chances to make money off their fame. But this money won't help the 1983 team: they played too long ago.
