Legal Update: Temporary Injunction Granted In Sorsby v. NCAA

Texas State Court Judge Ken Curry of the 99th District of Lubbock County, Texas, recently granted Texas Tech University (“Texas Tech”) quarterback Brendan Sorsby (“Sorsby”) a temporary injunction that enjoins the NCAA from (1) prohibiting Sorsby from practicing, playing, or otherwise participating with Texas Tech’s football team for the 2026 football season and (2) Enforcing its Bylaw 12.9.4.2 Rule of Restitution against Sorsby, despite the NCAA previously declaring him permanently ineligible due to violating NCAA sports wagering rules ¹.  Additionally, the order set forth specific conditions which included Sorsby continuing to receive individual counseling as it relates to gambling and submitting a report detailing his compliance with the conditions set forth in the order. Pursuant to the conditions, Sorsby will be prohibited from participating in the first two games of the Texas Tech 2026 football season.

Court’s Basis for Injunctive Relief

In its temporary injunction order, the court concluded that Sorsby demonstrated a likelihood of “probable, imminent and irreparable injury” if barred from participating in the upcoming 2026 season as a member of Texas Tech’s football team. In his request for injunctive relief, Sorsby argued that his sports wagering activity was tied to a diagnosed gambling addiction and related mental health issues; the NCAA failed to adequately consider his treatment and rehabilitation efforts; and that Sorsby did not compromise the integrity of any games or alter outcomes. The court concluded that enforcing permanent ineligibility would cause irreparable harm to his remaining collegiate eligibility and potential professional football opportunities.

What’s Next

The underlying litigation remains pending.  The standard timeline for judicial review of the court’s order in the Texas state court system may extend beyond the end of the 2026 football season, which could have the practical effect of allowing Sorsby to complete his final collegiate season before the court reaches a final determination on the merits ². In an effort to speed up the process, the NCAA has filed an accelerated appeal to the Court of Appeals for the Seventh District of Texas, sitting in Amarillo, Texas, seeking expedited review of the trial court’s order.

• Judicial Review of NCAA enforcement actions: Courts may be increasingly willing to grant equitable relief where student-athletes allege that the NCAA has prescribed disproportionate penalties causing irreparable career harm.
   
• Competitive Integrity Concerns: Judicial intervention in sports wagering cases could undermine the NCAA’s ability to effectively regulate and enforce its sports wagering prohibitions and protect the integrity of college sports.

This case serves as a significant example of the expanding judicial scrutiny of NCAA eligibility and enforcement decisions, particularly where student-athletes allege irreparable harm. Stay tuned for additional updates as this matter continues to unfold.

Footnotes

1. NCAA rules prohibit student-athletes from knowingly participating in sports wagering activities or providing information to individuals involved in or associated with any type of sports wagering activities concerning intercollegiate, amateur or professional competition. See NCAA Bylaw 10.3. 

2. The court scheduled February 8, 2027, as the next trial date. This date is after the College Football Playoff National Championship game, which takes place on January 25, 2027.