A judge has ruled that Reggie Bush can move forward with his claims against the NCAA, USC and Pac-12 Conference 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 significantly 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.
Defense attorneys argued that by taking nearly 20 years to file his claims, Bush cannot recover damages now. But Judge Colin Leis ruled in Bush’s favor, finding that the former NFL player identifies several post-collegiate times that the parties republished his college likeness.
“(Bush) identifies several times after (his) college years that the parties republished (his) college likeness,” the judge wrote, adding that Bush “did not sign a contract that covered his name, image and likeness in perpetuity…”
Leis heard arguments on Dec. 31 and took the case under submission before issuing his final ruling on Monday, a decision in keeping with his tentative ruling.
On Sept. 8, Leis found that Bush’s claims did violate the statute of limitations, but he gave Bush’s attorneys time to file an amended complaint. In their court papers, defense attorneys contended that Bush’s claims had all accrued by 2005 and that therefore the suit brought in September 2024 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 defense lawyers, who further stated 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 stated in their court papers.
Bush also was part of a certified class in another case, the defense lawyers continued 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.”
According to the suit, 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,” the suit states. “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 suit states.
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.