UNM FOOTBALL
Lobo DE Brett Karhu granted TRO against NCAA, now eligible to return to UNM
Karhu's motion for a restraining order was heard in the 2nd Judicial District Court
Brett Karhu is back.
A New Mexico state judge granted the fifth-year Lobo defensive end a temporary restraining order against the NCAA on Thursday, allowing him to return to practice and play for the foreseeable future.
Karhu returned to practice Thursday and is now expected to be available for UNM’s season opener against Central Michigan (Sept. 5).
In a six-page decision, Judge Joshua A. Allison of the 2nd Judicial District Court concluded that Karhu would suffer irreparable harm by not being able to play a fifth year of college football. He added that any harm Karhu would suffer by not returning to UNM exceeds any that might come to the NCAA by granting a restraining order.
As part of the order, the NCAA cannot declare Karhu eligible until his July 28 motion for a preliminary injunction is ruled on. In a hearing Wednesday, Allison said granting Karhu a restraining order would not guarantee that he would receive a preliminary injunction on a future date.
Attorney Wayne Suggett, Karhu’s counsel, told the Journal that Thursday’s decision is “just the beginning,” but added he was pleased with Allison’s ruling.
“We’ll wait and see when the court resets this,” he added. “I’m just happy for Brett. I mean, he really is a great kid and he did everything right – I mean, he got out there, he got his degree, he was All-Mountain West academic.
“It seems to me that flexibility in the rules should absolutely apply to someone who really is a student-athlete.”
Karhu’s restraining order is the latest to be granted to a college athlete since the NCAA shifted to an age-based eligibility model. After adopting the “five-for-five” rule in June, dozens of state lawsuits have been filed on behalf of athletes who played four seasons in four years and exhausted their eligibility this year.
Filed July 14 in the 2nd Judicial District Court, Karhu’s suit argued that in rolling out the new policy – one allowing athletes five years to play five seasons starting with their full-time enrollment or the season after their 19th birthday, whichever comes first – the NCAA breached the “covenant of good faith and fair dealing” by denying him a fifth year of eligibility.
“The NCAA’s conduct has harmed Mr. Karhu by creating a poorly designed hard and fast rule with only arbitrary exceptions,” the suit claimed.
Wednesday, Allison heard oral arguments and testimony from a clean-shaven Karhu and UNM head coach Jason Eck. The latter testified that Karhu would not take a roster spot or scholarship away from another player by returning to UNM, even with a 105-player roster limit.
The NCAA’s counsel argued that by already playing four seasons in a five-year window – the organization’s original eligibility model – Karhu has not missed out on any benefit provided to him. Its attorneys also contended that Karhu would take away opportunities from players who were added to the roster unaware that he could rejoin the team.
“If it is irreparable harm for Mr. Karhu not to get to play football next year,” said Taylor Askew, an attorney for Nashville-based firm Holland & Knight LLP, “then this court cannot prevent irreparable harm. It can only reallocate it.”
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’s debut season, one that saw the Lobos finish 9-4.
Earlier this month, Karhu was able to return to practice after a federal judge in Colorado granted a class-wide preliminary injunction that allotted a fifth year to previously ineligible athletes. But the injunction was stayed Friday, leaving Karhu in limbo unless he received a restraining order from a state court.
Sean Reider covers college football and other sports for the Journal. You can reach him at sreider@abqjournal.com or via X at .