Today, the United States Court of Appeals for the Tenth Circuit has granted the NCAA’s request to stay the recent class-action lawsuit in Colorado, which means that former Penn State men’s basketball player, Josh Reed, will now have to successfully petition for a temporary restraining order or injunction on his own to try to gain a fifth year of playing eligibility for the upcoming 2026-2027 season.
This 2-1 ruling from a panel in Denver this morning comes after District Judge Charlotte Sweeney in Colorado granted a class-wide preliminary injunction on July 31, 2026, requiring the NCAA to provide a federal fifth year of eligibility to Division I student-athletes from the high school class of 2022.
Reed, who has played four seasons of college basketball in four years, was first part of an injunction in Ohio against the NCAA stating that student-athletes from the High School Class of 2022 should also be granted a fifth season of eligibility after the NCAA in June instituted a new age-based eligibility model called the “5-in-5 Clock” granting a max of five seasons of eligibility over five years.
Now that Reed will have to file his own separate lawsuit, the Tenth Circuit Court’s stay will last until the court hears the NCAA’s appeal and issues a final decision on the case. The court has also set an expedited appeal hearing, meaning a final ruling on the injunction could come faster than a standard appeal process.
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