Two Lobos have requested a jury trial for their consolidated cases against the NCAA, per court documents reviewed by the Journal.
Filed Monday in the 2nd Judicial District Court, New Mexico defensive end Brett Karhu and cornerback Azariah Levells demanded a trial by 12 jurors as part of their efforts to secure a preliminary injunction and finish the season.
Both fifth-year seniors are currently playing under temporary restraining orders after suing the NCAA in separate lawsuits before the season. An every-game starter, Karhu leads the Lobos (4-1, 1-0 Mountain West) with four sacks while Levells has played primarily as a defensive reserve.
Their cases were consolidated on Sept. 11.
Both Karhu and Levells’ requests for preliminary injunctions were heard Thursday by Judge Joshua A. Allison of the 2nd Judicial District Court. He did not rule from the bench, adding that a decision would be made no earlier than Tuesday.
Along with dozens of other athletes, Karhu and Levells filed separate lawsuits against the NCAA over the summer after the organization implemented the “five-for-five” rule. The policy allows athletes five years to play five seasons starting with their full-time enrollment or the season after their 19th birthday, whichever comes first.
Karhu and Levells contended that by adopting its new eligibility model, the NCAA breached the “covenant of good faith” and its promises of “fairness and equity” by denying them a fifth year of eligibility. Neither objected to the policy itself, only its application.
The two were able to practice with UNM at the start of fall camp after a federal judge in Colorado granted a class-wide preliminary injunction that allotted a fifth year to previously ineligible athletes. When the injunction was stayed, Karhu secured a TRO through the 2nd Judicial District Court on Aug. 27.
Levells secured an expedited TRO on Sept. 1 without giving the NCAA a chance to respond to his motion.
Sean Reider covers college football and other sports for the Journal. You can reach him at sreider@abqjournal.com or via X at @lenaweereider.
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