Attorneys in Diego Pavia eligibility lawsuit vs. NCAA cite James Nnaji decision in new filing

Attorneys in the Diego Pavia eligibility lawsuit criticized the NCAA’s decision on former NBA draftee James Nnaji in a new filing. The “memorandum in support of a preliminary injunction” also included a poem.

The filing took inspiration from The Night Before Christmas before criticizing Nnaji’s eligibility decision. He was the No. 31 overall pick in the 2023 NBA Draft, but committed to Baylor on Christmas Eve after the NCAA awarded him four years of eligibility. Nnaji never played in an NBA game or signed a standard NBA contract, and he played professionally in Europe.

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In Friday’s filing, attorneys representing Pavia and the other plaintiffs in the suit ripped the NCAA’s handling of the situation. As the former junior college players seek an additional year of eligibility, the lawyers argued for a preliminary injunction in light of the Nnaji decision. Pavia previously said 2025 would be his final season.

“When what to my wandering eyes should appear, but… the hypocrisy of the NCAA granting four years of eligibility to a 21-year-old European professional basketball player with four years of professional experience who was drafted by an NBA team two years ago,” the filing reads.

“He will be 25 before he runs out of eligibility. Meanwhile, the NCAA argues to this Court that high school seniors are harmed if a 22- or 23-year-old former junior college player gets one more year of college football.”

In addition, Pavia’s lawyers are seeking to file another amended complaint while adding more plaintiffs. The suit still does not have class-action status, meaning it would only impact plaintiffs listed. Tennessee quarterback Joey Aguilar is one of the plaintiffs after his addition last month.

More on the Diego Pavia eligibility lawsuit

Diego Pavia received a sixth season of eligibility following a preliminary injunction late last year as a result of his suit against the NCAA. He argued his time at New Mexico Military Institute should not count against his eligibility. As his attorneys worked to make it a class-action case, though, the Vanderbilt quarterback said he does not intend on playing another year at Vanderbilt.

In September, a hearing took place in the U.S. Court of Appeals for the Sixth Circuit in which Diego Pavia’s attorneys threatened to stack a challenge to the redshirt rule. They also said they would ask for another injunction that would allow Pavia to play again in 2026, according to sports law professor Sam Ehrlich. Pavia took to social media to make it clear 2025 would be his final season.

“A big part of the hearing was about whether the NCAA’s appeal was moot, meaning that the appellate opinion wouldn’t actually affect anything and thus doesn’t really matter, because Pavia would still be able to play for 2025 based on the waiver, and the appeal is on an injunction based on that waiver,” Ehrlich previously told On3’s Pete Nakos. “Pavia’s attorney argued that the appellate decision is still relevant because if the court finds that the rules are commercial and thus subject to antitrust law, he’ll be filing for a new injunction or an expedited trial schedule at the district court seeking to play 2026 as well.

“It makes sense given that his attorney is also involved in the new class action lawsuit challenging the four seasons rule overall, and Pavia would be seeking — if you take the JUCO year out of the picture — his fifth season in five years.”