Brian Bowen, II v. Adidas America, Inc., et al.

Less than three years ago, this Court unanimously recognized that NCAA Division I student-athletes, as laborers, have a legally cognizable interest in the education-related benefits they receive as NCAA eligible student-athletes. Nat’l Collegiate Athletic Assoc. v. Alston, 141 S. Ct. 2141 (2021). Accepting the realities of modern-day college sports that have long been overlooked in lower courts, Alston observed that the “NCAA’s Division I essentially is the relevant market for elite college football and basketball,” and that “there are no ‘viable substitutes.’” Id. at 2152. Because of this market dominance, “student-athletes have nowhere else to sell their labor.” Id. at 2156 (emphasis added). A student-athlete’s eligibility to access this unparalleled market is therefore highly valuable. The question presented is: Do elite student-athletes preparing for professional athletic careers have a business or property interest in their NCAA eligibility? (i)