A judge has ruled that former USC running back Reggie Bush may continue to proceed with a lawsuit against the university, the NCAA and the Pac-12 Conference. Bush sued those groups claiming they owe him compensation related to usage of his Name, Image and Likeness (NIL) in promotional content for the Trojan football program.
The claim was that the defendants used Bush’s “popularity” and “prominence” during his time at USC and well after he had left the program without receiving any payment due to NCAA regulations at the time. Bush’s lawsuit alleges violation of the Cartwright Act, a California antitrust law that prevents organizations from fixing trade prices and reducing competition. The court ruled that there was sufficient claim for a Cartwright Act cause of action. Bush also claimed a violation of California’s Unfair Practices Act.
“According to Plaintiff, he received no compensation from Defendants for their use of his name, image, or likeness because defendant NCAA’s constitution and bylaws prohibited Plaintiff from benefiting financially while Defendants profited from his name, image, and likeness both during his time at USC and in following years,” the case summary states.
However, the defendants have argued that Bush’s case should not be considered as a violation and that it was too late for him to pursue receiving the compensation. Bush won the Heisman trophy at USC in 2005 and declared his eligibility for the NFL draft just weeks later. The defendants’ claim is derived from the NCAA’s adoption of a new NIL rule back in 2021, announcing that student-athletes would be able to profit from their likeness rights. They also argue that Bush cannot recover any damages as it took over 20 years for him to file his claims.
On Monday, LA County Superior Court Judge Colin Leis overruled the defendants’ objection and ruled that Bush may continue to pursue his claims. Court records state that Leis heard arguments on December 31 before making an official ruling.
Bush became USC’s third Heisman winner in four years, following quarterbacks Carson Palmer (2002) and Matt Leinart (2004). While Bush forfeited his Heisman trophy following a NCAA investigation that revealed he was receiving improper benefits including cash and travel expenses from sports agents while at USC, it was reinstated in April 2024. Bush claims that the defendants “use [his] name and image to promote the reinstatement of his Heisman trophy.”
Bush was two-time Pac-10 Offensive Player of the Year selection while at USC and was the Trojans’ Most Valuable Player for two consecutive seasons. As a Trojan, he won two national championships for the program in 2003 and 2004. In 2006, Bush decided to forego his senior year of college and declare for the NFL Draft, where he was drafted second overall by the New Orleans Saints.
While there is no official ruling on the case yet, the defendants must respond to the latest development within 10 days.