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GLENDALE, ARIZONA - APRIL 06: The North Carolina State Wolfpack logo shown on a pair of shorts during the NCAA Mens Basketball Tournament Final Four semifinal game against the Purdue Boilermakers at State Farm Stadium on April 06, 2024 in Glendale, Arizona. (Photo by Mitchell Layton/Getty Images)
GLENDALE, ARIZONA - APRIL 06: The North Carolina State Wolfpack logo shown on a pair of shorts during the NCAA Mens Basketball Tournament Final Four semifinal game against the Purdue Boilermakers at State Farm Stadium on April 06, 2024 in Glendale, Arizona. (Photo by Mitchell Layton/Getty Images)Mitchell Layton/Getty Images

10 Players from 1983 NC State MCBB Championship Team Sue NCAA Over NIL

Doric SamJun 10, 2024

Ten players from NC State's 1983 national championship men's basketball team are suing the NCAA for the unauthorized use of their name, image and likeness, per ESPN.

The lawsuit, which also named the Collegiate Licensing Company as a defendant, was filed in Wake County Superior Court on Monday and is seeking "reasonable compensation" as well as a jury trial. Jadyn Watson-Fisher of The News & Observer noted that the 2021 Supreme Court antitrust case against the NCAA has been cited as the basis for the suit.

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The 1983 Wolfpack team was coached by the late Jim Valvano and was immortalized after Lorenzo Charles' dunk in the final seconds of the national championship game gave them a dramatic 54-52 win over Houston. The team was dubbed the "Cardiac Pack" for its series of close games during its title run.

Valvano's run around the court after NC State's win is an iconic moment that has frequently been included in promotional materials.

"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 stated.

The suit also said that "student-athletes' value to the NCAA does not end with their graduation; archival footage and other products constitute an ongoing income stream for the NCAA long after the students whose images are used have moved on from college."

Plaintiffs in the suit include former players Thurl Bailey, Alvin Battle, Walt Densmore, Tommy DiNardo, Terry Gannon, George McClain, Cozell McQueen, Walter Proctor, Harold Thompson and Mike Warren.

Dereck Whittenburg, who threw up the shot that Charles slammed home to win the national title, was not among the plaintiffs, as he's a staff member in NC State's athletic department. Charles died in 2011, but Warren told Watson-Fisher that the plaintiffs are working with his estate and the estate of Quinton Leonard for their inclusion in the suit.

"We've been an incredibly close group of guys for over 40 years. One of the factors in our success, I believe, was how close we were as a team," Warren said. "That's continued for our lifetime to this point as adults. We're friends, we know each other's families, we stay in touch. Everyone was a part of this decision."

The lawsuit comes in the wake of the agreement by the NCAA and the Power Five conferences to pay nearly $2.8 billion to settle a slew of antitrust claims.

"The NCAA has profited off of our team, and they've done the same off of other teams and other athletes. It's not as if it was a one-off thing," Warren said. "Especially in our case, it's been 40 years. I do believe that we would really like to see some equitable treatment across the board for everyone that's helped promote college athletics."

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