Davis Polk partner and Sports practice head Jon Oram discussed the growing wave of eligibility litigation in sports with the American Lawyer.

Jon explained that continued and increased litigation over eligibility will continue as long as there aren’t sufficient structures in place to homogenize that eligibility. The article notes that this trend is underscored by a recent injunction allowing Texas Tech quarterback Brendan Sorsby to play despite admitting to gambling violations. The potential fallout from the court litigation could mean appeals by hundreds of NCAA athletes who were barred from competition for violating gambling rules.

“The floodgates have already opened,” he said. “Maybe this helps accelerate a legislative solution.”

Jon added that appeals courts typically defer to a trial court’s findings unless there is clear error, so in this instance, the NCAA may be facing an uphill battle.

“Courts are making these decisions by applying the law. They’re not making policy decisions on what is best for the game. And resolving every dispute in court is not tenable,” he noted.

“Winston Taylor, Holland & Knight at the Center of Sorsby Litigation,” American Lawyer (June 10, 2026) (subscription required) 

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