The U.S. Court of Appeals for the Sixth Circuit heard oral arguments in the case Diego Pavia v. NCAA this morning. Quarterback Diego Pavia’s attorney Ryan Downton (B.S. ‘98, MBA ‘99) argued that unless the court rules that the NCAA’s eligibility rules are not subject to antitrust laws, they could challenge the redshirt rule and seek another injunction to allow Pavia to play in 2026.  

Pavia later responded to this news with a post on X clarifying that this will be his last year. 

Pavia initially sued the NCAA in November 2024 to gain an additional year of eligibility, arguing that NCAA’s “Five Year Policy” violated antitrust law by equating a year at a junior college to a year at an NCAA school. Pavia spent two years at New Mexico Military Institute, a junior college, before spending two years at New Mexico State University and then transferring to Vanderbilt, where he’s in his second season. 

Pavia’s suit resulted in a preliminary injunction that allowed him an additional year of eligibility to play in the 2025 season without penalty. Following this injunction, the NCAA granted a waiver that extended the eligibility of student-athletes who previously competed for one or more years at a non-NCAA school. The waiver only applies to 2025-2026. 

The NCAA appealed the ruling that granted Pavia eligibility for the 2025 season, and today’s hearing was for that appeal. 

Downton is also representing Vanderbilt Football players Langston Patterson and Yilanan “Issa” Ouattara in their class action lawsuit challenging the NCAA’s redshirt rule. 

This piece will be updated as more information becomes available.