Judge sides with SEC on first issue as LSU-related eligibility hearing continues

BATON ROUGE, La. (WAFB) – The judge overseeing the high-profile eligibility lawsuit involving the NCAA and Southeastern Conference handed down his first major ruling Thursday morning, siding with the SEC on which athletes can pursue claims against the conference.

Judge William Jorden agreed with the SEC that the lawsuit amounted to “improper cumulation” because most of the plaintiffs have no connection to an SEC school and no direct claim against the conference.

The SEC argued only seven of the 44 plaintiffs have ties to the conference because they previously attended an SEC school or hope to attend one. It argued the remaining athletes should only pursue their eligibility claims against the NCAA.

Improper cumulation is a Louisiana legal term meaning separate lawsuits or claims were improperly combined into one legal action.

“Judge, I think if someone slipped and fell in Walmart, you couldn’t bring a suit against Costco,” SEC attorney Jason Williams said.

The larger issue in the case is whether certain athletes, including former professional players, should be allowed to return to college athletics for a fifth season.

What the ruling means

Attorneys for the plaintiffs agreed that athletes with no SEC ties would not pursue claims against the conference.

With that issue resolved, the hearing moved to arguments over whether the plaintiffs should receive a fifth year of college eligibility.

SEC Commissioner Greg Sankey was the first witness called Thursday and remained on the stand as of noon.

Plaintiff attorney Tony Clayton immediately pressed Sankey with questions, prompting multiple objections from SEC attorneys as the questioning grew heated.

What to know

• A Baton Rouge judge sided with the SEC on the first issue Thursday.
• Athletes without SEC ties will not pursue claims against the conference.
• SEC Commissioner Greg Sankey is testifying.
• The larger fight over fifth-year eligibility is continuing.
• LSU faces a Friday roster deadline before Saturday’s game against Clemson.

The case involves 44 athletes challenging college eligibility rules. After Thursday’s ruling, only seven have ties to the SEC and can continue pursuing claims involving the conference.

Two of those players have immediate implications for LSU’s roster.

Former Ole Miss tight end Dae’Quan Wright has already joined LSU, while former Ole Miss defensive tackle Zxavian Harris has also been tied to a move to Baton Rouge. Both played for Lane Kiffin at Ole Miss before signing NFL contracts.

+ MEET THE PLAYERS: Who are Dae’Quan Wright and Zxavian Harris? Former NFL players at center of LSU-SEC fight

What will the judge decide?

The athletes are asking Jorden to replace the current temporary restraining order with a preliminary injunction, which would provide longer-lasting protection while the lawsuit continues.

In simpler terms, they want the judge to keep the SEC from punishing schools for using the players while the larger case plays out.

The SEC wants Jorden to deny that request and dissolve the existing order as it applies to the conference and Sankey.

The key issue for LSU is whether a player being allowed to return to college also prevents the SEC from punishing a school that uses him.

The SEC says those are two different questions.

In a filing Wednesday, the conference argued it does not intend to punish the athletes themselves or declare them ineligible. Instead, the SEC says it has the independent authority to enforce conference rules against its schools, coaches and athletics personnel.

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