Indicating he is poised to find that Reggie Bush’s claims against the NCAA, USC and Pac-12 Conference are time-barred, a judge said Friday that before issuing a final ruling he will ponder the organizations’ bids to have all causes of action dismissed against them in a lawsuit in which the former USC running back alleges he is owed money for the use of his name, image, and likeness.
The Los Angeles Superior Court complaint contends that USC, Pac-12, and NCAA profited greatly from television contracts, merchandise sales and media rights stemming from the 2005 Heisman Trophy-winning player’s football career, for which he was not compensated due to NCAA regulations at the time.
“Reggie Bush received all the accolades a college football athlete could receive during his three years playing football at USC,” according to the lawsuit filed last Sept. 23.
But on Friday, Judge Colin Leis issued a tentative ruling indicating he agreed with defense attorneys that by taking nearly 20 years to file his claims, Bush cannot recover damages now.
“Plaintiff does not … identify the facts (USC, the NCAA and Pac-12) knew about of which plaintiff was unaware, nor the conduct (the defendants) engaged in that led plaintiff to believe he did not have a claim, nor (the defendants’) conduct that plaintiff relied upon in delaying filing his complaint,” the judge wrote.
After hearing arguments, the judge took the case under submission.
In their court papers, NCAA attorneys contended that any claims Bush had accrued no later than 2005, meaning that his suit was filed at least a decade and a half too late.
“And while (Bush) gestures at several exceptions to the statutes of limitations, he offers no well-pleaded allegations showing a plausible entitlement to any of them,” according to the NCAA lawyers, who further state in their pleadings that even if Bush’s claims were not time-barred, the details in the case are sparse in support of his allegations.
“Indeed, the complaint contains few facts at all beyond a summary of (Bush’s) playing career,” the NCAA attorneys further state in their court papers.
Bush also was part of a certified class in another case, the NCAA lawyers continue in their pleadings, adding, “The fact that (Bush) was part of classes that previously litigated similar claims makes it inexcusable for him to have waited over a decade more to bring a similar claim yet again.”
In a previous statement, Bush attorney Evan Selik said the lawsuit “aims to address and rectify ongoing injustices stemming from the exploitation of Reggie Bush’s name, image, and likeness during his tenure as a USC football player.”
The complaint contends that USC, Pac-12 and NCAA profited greatly from television contracts, merchandise sales and media rights stemming from Bush’s football career, for which he was not compensated due to NCAA regulations at the time.
“And while Bush received the accolades, defendants NCAA, USC, and the Pac-12 Conference received all the money. Millions upon millions of dollars of money, all derived directly from Reggie Bush’s name, image and likeness. To this day, all defendants continue to profit from Reggie Bush’s name, image, and likeness without compensating Bush one penny.”
Bush’s hard work as a college athlete “translated into billion-dollar television deals, multi-million-dollar coaching salaries, extravagant facilities, and lucrative commercial licensing and sponsorship agreements that greatly benefit the NCAA, USC and the Pac-12,” the 14-page suit says.
Bush, now 40, helped lead USC to two national championships when he played for the Trojans from 2003 to 2005.
Bush’s Heisman was stripped from him in 2010 amid an improper benefits scandal — but in April 2024, The Heisman Trust announced it was returning the honor to him. The organization said it was making a formal “reinstatement” of the trophy to Bush in response to what it called “enormous changes in the college football landscape,” specifically rule changes allowing players to land lucrative endorsement deals and payment for the use of their name and image.
Bush is still pursuing a defamation suit against the NCAA, stemming from the organization’s comments that he had been involved in a “pay-for-play” situation.