LOBO FOOTBALL
Judge delays ruling on UNM DE Brett Karhu's temporary restraining order against NCAA
Karhu, Eck testified in 2nd Judicial District Court on Wednesday
For now, all Brett Karhu can do is wait.
A New Mexico district judge declined to make a ruling Wednesday on the Lobo defensive end鈥檚 motion for a temporary restraining order against the NCAA, one that would allow him to return to practice and likely play a fifth year of eligibility.
Judge Joshua A. Allison of the 2nd Judicial District Court said he expects to render a decision on Karhu鈥檚 restraining order Thursday morning. He heard oral arguments and testimony from Karhu and UNM head coach Jason Eck on Wednesday afternoon.
Over a dozen UNM players and four other coaches 鈥 defensive coordinator Spence Nowinsky, defensive line coach Hebron Fangupo, outside linebackers and nickels coach Luke Nardo and director of athletic performance Caleb Heim 鈥 attended Wednesday鈥檚 hearing.
Jason Eck said he plans to attend Brett Karhu鈥檚 hearing tomorrow.
鈥 Sean Reider (@lenaweereider)
鈥淚 hope he gets some good news.鈥
Karhu sued the NCAA on July 14, claiming the organization breached the 鈥渃ovenant of good faith and fair dealing鈥 by denying him a fifth year of eligibility after switching to a new age-based eligibility model. Known as the 鈥渇颈惫别-蹿辞谤-蹿颈惫别鈥 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.
But while the NCAA gave players from other classes a fifth year of eligibility, it declined to give one to players who played four seasons in four years and exhausted their eligibility in the last academic year. Dozens of lawsuits 鈥 Karhu鈥檚 included 鈥 have since been filed challenging the organization鈥檚 application of the five-for-five rule.
鈥淭he NCAA鈥檚 conduct has harmed Mr. Karhu by creating a poorly designed hard and fast rule with only arbitrary exceptions,鈥 his suit claimed.
Wednesday, Karhu鈥檚 counsel argued they have met the standard for a restraining order by establishing that the Frisco, Texas native would suffer irreparable harm without it. Attorney Wayne Suggett notably pointed to testimony from Karhu and Eck stating that his chances of playing in the NFL would diminish by not playing a fifth year of college football.
鈥淚f he misses out on this year, then he鈥檚 going to suffer,鈥 Suggett said.
Karhu鈥檚 counsel went on to say the NCAA has not submitted any evidence establishing what harm the organization would suffer if Karhu were granted a restraining order.
鈥淲hat the NCAA is saying is that, 鈥榠f we don鈥檛 get to implement our rules, that鈥檚 irreparable harm,鈥欌 Suggett said. 鈥 鈥 That鈥檚 not what irreparable harm is.鈥
In response, the NCAA鈥檚 counsel argued that by already playing four seasons in a five-year window 鈥 the organization鈥檚 original eligibility model 鈥 Karhu has not missed out on any benefit provided to him.
The NCAA鈥檚 counsel also contended that in the 鈥渮ero-sum game鈥 of sports, Karhu鈥檚 return would harm other players vying for playing time.
Eck testified that Karhu would not take a roster spot or scholarship away from any current player on UNM鈥檚 roster.
鈥淚f it is irreparable harm for Mr. Karhu not to get to play football next year,鈥 said Taylor Askew, an attorney for Nashville-based firm Holland & Knight LLP, 鈥渢hen this court cannot prevent irreparable harm. It can only reallocate it.鈥
Karhu鈥檚 hearing was scheduled after the NCAA was granted a stay request Friday in Wisne v. Colorado, effectively pausing a class-wide preliminary injunction that allowed hundreds of college athletes to play a fifth year. For much of fall camp, Karhu was able to practice with UNM under the injunction until it was stayed.
If Karhu is granted a restraining order, Allison said it would not guarantee that he would receive a preliminary injunction on a future date.
It is unclear what further avenues Karhu could explore to potentially receive a fifth year of eligibility if a restraining order isn鈥檛 granted.
A former Memphis transfer, Karhu earned All-Mountain West honorable mention marks last year after making 29 total tackles and 7.5 sacks, the third-highest count in the league. He started 12 of 13 games for UNM in Eck鈥檚 debut season, one that saw the Lobos finish 9-4.
Karhu previously attempted to secure a fifth year of eligibility this winter by filing a since-denied waiver claiming his first two years in college at Division II Oklahoma Baptist shouldn鈥檛 count towards his NCAA eligibility.
Sean Reider covers college football and other sports for the Journal. You can reach him at sreider@abqjournal.com or via X at .