A Cuyahoga County judge has cleared the way for Villanova University quarterback Patrick McQuaide to return to the football field this fall, ruling in his favor on both antitrust and breach of contract grounds in a lawsuit against the National Collegiate Athletic Association.

Rick Hamilton, counsel in UB Greensfelder’s Litigation Department, represented McQuaide in a two-day preliminary injunction hearing that concluded July 31. Cuyahoga County Common Pleas Judge Timothy McCormick issued a 24-page opinion the very next day, enjoining the NCAA from enforcing its denial of McQuaide’s eligibility waiver and also from applying its so-called “Rule of Restitution” against him or Villanova. The Court further ordered the NCAA to treat McQuaide as immediately eligible to play.

McQuaide started at quarterback for Villanova last season, when the team advanced to the FCS semifinals.  The NCAA had ruled him ineligible for the 2026-27 season, pointing to the year McQuaide spent at Mississippi Gulf Coast Community College in 2022, a junior college governed by rules outside the NCAA’s jurisdiction. The COVID-19 pandemic disrupted McQuaide's path: he enrolled at Kent State as a walk-on in 2021, earning a redshirt; transferred to junior college in 2022; then played two seasons at Nicholls State before joining Villanova — three total seasons of Division I football.

Ultimately, the Court held that McQuaide’s one year of junior college football should not count against his eligibility under the NCAA’s Five-Year Rule, which generally gives student-athletes five years to play four seasons in their sport. Judge McCormick found that McQuaide should not be penalized for the unusual path of his collegiate career, particularly in light of the NCAA’s inconsistent waiver decisions, including a blanket waiver granted to former junior college players for the 2025 football season that excluded McQuaide.

Judge McCormick’s ruling was based on two grounds. First, he found that the NCAA’s denial of McQuaide’s waiver request was an unreasonable restraint of trade under Ohio’s Valentine Act, which prohibits contracts, combinations and agreements that unreasonably restrain trade or commerce in Ohio. Judge McCormick’s antitrust reasoning tracked the analysis of the federal court in Tennessee that granted Vanderbilt quarterback Diego Pavia an injunction allowing him to play last season. Second, Judge McCormick found that the NCAA’s waiver denial breached the duty of good faith and fair dealing it owes student-athletes as third-party beneficiaries under the NCAA’s own Constitution and Bylaws. 

McQuaide's ruling is the first in Ohio to grant a student-athlete a preliminary injunction based on both antitrust and breach of contract claims in the same case. Earlier Ohio decisions have granted relief on only one of those theories. McQuaide’s case also is the first in Ohio to rule that a junior year of competition should not count as a season of competition under the NCAA’s Five-Year rule. This ruling adds to a growing body of decisions scrutinizing NCAA eligibility determinations as courts continue to grapple with the NCAA’s evolving rules. 

“This case was ultimately about fairness,” Hamilton said. “The NCAA's eligibility rules have become riddled with exceptions that are applied inconsistently, leaving some student-athletes with opportunities that others in nearly identical circumstances never receive. The court recognized that Patrick shouldn't lose his final season because of an arbitrary application of those rules.”

A copy of the court order is available here.

About UB Greensfelder
UB Greensfelder LLP (UBG) is an Am Law 200 law firm dedicated to exceeding client expectations and delivering superior, customized legal solutions. The firm’s attorneys advise regional, national, and global businesses on a wide range of sophisticated legal matters across more than 25 specialized practice and industry groups. Renowned for its best-in-class client service and litigation excellence, UBG consistently earns top-tier accolades from Chambers and Partners, The Legal 500, and Benchmark Litigation. Established in 2024 through the merger of Ulmer & Berne LLP and Greensfelder, Hemker & Gale, P.C., UB Greensfelder has quickly emerged as a super-regional powerhouse firm in the Midwest and in top-tier business centers. For more information, please visit www.ubglaw.com. Our Business Begins With You^®.