Eight Nebraska football players on Thursday filed a lawsuit against the Big Ten, seeking to invalidate the league's postponement of the fall football season and to award damages.
The suit, filed Thursday in Lancaster County District Court, alleges that the Big Ten is in breach of contract by not following its governing documents, under which athletes are third-party beneficiaries. The athletes have "the right to expect the Big Ten will follow its own governing documents and all of its other rules, regulations and guidelines; will not make arbitrary and capricious decisions; and when a vote on a decision as momentous as canceling all fall sports is announced, will conduct an actual vote." The lawsuit cites public statements from Minnesota president Joan Gabel and Michigan State president Samuel Stanley, and questions whether a formal vote to postpone took place among the Big Ten's council of presidents and chancellors.
League commissioner Kevin Warren on Aug. 18 told ESPN and other outlets that a vote did, in fact, take place. Warren also said the decision to postpone will not be revisited. The Big Ten did not immediately respond to a request for comment.
"The failure of the Big Ten to hold a vote on the purported decision to cancel the 2020 fall football season is a violation of the governing documents and the decision should be declared invalid and unenforceable," the players' lawsuit reads.
Garrett Snodgrass, Garrett Nelson, Ethan Piper, Noa Pola-Gates, Alante Brown, Jackson Hannah and Brant and Brig Banks filed the lawsuit, which does not seek damages greater than $75,000 but states that the Big Ten's postponement hurts the players' future football prospects and their ability to market and brand themselves. The Big Ten, which postponed its fall season Aug. 11, is accused of basing the decision on "flawed data," including "a study of the health effects of COVID-19 that involved COVID-impacted patients" who are older and in worse physical condition than the Nebraska players.
"This lawsuit isn't about money or damages, it's about real-life relief," Mike Flood, the players' attorney, said in a prepared statement. "These student-athletes have followed all the precautions, underwent regular testing, and lived according to the prescribed guidelines ... for the chance to play football in September. On Aug. 11, six days after announcing the fall football schedule, a decision was made to cancel everything with vague reasoning and no explanation."
Flood on Aug. 18 sent a letter to the Big Ten on behalf of 20 Nebraska parents, seeking documents, data and other information surrounding the league's decision to postpone the fall season. The letter set a deadline of Monday to respond or further legal action was possible.
The University of Nebraska strongly opposed the Big Ten's decision to postpone the fall football season, and briefly explored fall competition options outside the league. Athletic director Bill Moos told local media outlets that all of the Big Ten's athletic directors favored continuing to push toward a fall season.
"Sadly, these students have no other recourse than failing a lawsuit against their conference," Flood said. "Our clients must take their claims to the courthouse to find the justice and fairness they have been denied."