Ten members of NC State’s 1983 title team are suing the NCAA, seeking compensation for the use of their names, images, and likenesses by the organization. Terry Gannon and Thurl Bailey are among the players involved in the suit at this point, but notably it does not include Dereck Whittenburg, Sidney Lowe, Ernie Meyers, or Lorenzo Charles’ estate.
“For more than 40 years, the NCAA and its co-conspirators have systematically and intentionally misappropriated the Cardiac Pack’s publicity rights — including their names, images, and likenesses — associated with that game and that play, reaping scores of millions of dollars from the Cardiac Pack’s legendary victory,” the lawsuit said.
If there’s a legit beef here, certainly Whittenburg and the Charles estate have the bulk of it. It’s possible they could be added as plaintiffs later on. Whitt and Ernie Meyers both are currently employed by NC State, as you’re likely aware.
It’ll be interesting to see how this develops—the team has hired lawyers with experience in cases against the NCAA, including the guy who represented UNC receiver Tez Walker in his eligibility case.
The NCAA has been under widespread legal assault in recent years, and this case could be another precedent-setter—if it actually ends up going to trial.