NIL Contract Interference Alleged in College Football Player’s Transfer

Changes in bigtime college sports have occurred so quickly that it can be difficult to keep up with the current rules on issues such as student-athlete compensation and transfers. Not surprisingly, this volatility has engendered new types of legal disputes, including one involving the University of Miami and a Big Ten school.

Xavier Lucas played defensive back at the University of Wisconsin, and had signed a two-year revenue-sharing contract with the school, commonly referred to as a Name, Image, Likeness (NIL) Agreement. One of the top-rated players at his position in the country, Lucas notified Wisconsin after one year that he wished to be placed in the “transfer portal,” which would allow him to switch schools without penalty. The reason, Lucas explained, was that he wanted to be closer to his Florida home because his father was seriously ill.

Citing the NIL Agreement, Wisconsin did not include Lucas within the transfer portal. Subsequently, Lucas withdrew from the school and enrolled at Miami, executing a separate NIL Agreement there. Now, Wisconsin has brought a business tort claim against Miami, alleging that the Florida school’s actions constitute unlawful interference with a valid contract. The lawsuit claims Miami’s interference was "intentional" and not "justified or privileged," leading Lucas to breach his contractual obligations to Wisconsin. The Big Ten school seeks unspecified financial damages and a declaratory judgment.

Wisconsin's lawsuit could set a significant precedent, offering clarity on what constitutes lawful versus tortious conduct in recruiting and NIL arrangements. It underscores the necessity for institutions to establish rigorous frameworks and compliance measures to safeguard agreements and maintain equitable recruitment practices. A high-profile tortious interference case can also shed light on the potential liability that exists when an outside entity takes intentional steps to disrupt someone else’s business relationship. 

Under Florida law, the elements of a tortious interference claim include the following:

• The plaintiff has a valid contract with another party.
• The defendant is aware of the contract.
• Without appropriate justification, the defendant purposefully acts to induce the third party to breach its contract with plaintiff.
• The plaintiff suffers damages.

If you’ve been victimized by tortious interference or are being accused of this type of misconduct, H. Clay Parker, Esq. The Florida Lawyer can help. We represent clients in these cases and various other types of business tort matters. Please call [ln::phone] or contact us online for a consultation. Our office is located in Orlando.