Judge denies Providence's Pinion and Simpson temporary orders to play

A federal judge on Oct. 22 denied Providence College basketball players Joseph Pinion and Derek Simpson an immediate court order allowing them to play a fifth season.

U.S. District Judge Melissa R. DuBose ruled that the players had not shown, on the early record before her, that they were likely to win their claims that the NCAA unlawfully restricted competition or breached contractual rights. She denied their motions for temporary restraining orders, short-term court orders sought before a final decision, in a memorandum filed in both cases and amended in Simpson's case. She did not dismiss the lawsuits.

The players graduated from high school in 2022 and completed four consecutive Division I seasons. They enrolled at Providence seeking to play in 2026-27. Under the NCAA's former rules, athletes could compete for four seasons within five years.

The NCAA adopted a new five-seasons-in-five-years framework June 24, 2026, effective Aug. 1, 2026. Its transition rules cover new entrants and athletes with remaining eligibility. The NCAA says Pinion and Simpson had used their four seasons before the change and could not gain another season under the new rule.

The players argue that the exclusion unlawfully restricts their ability to compete and earn compensation. They also argue that the NCAA's agreement with member schools gives them a contractual right to another season.

DuBose found that their antitrust evidence did not adequately establish the relevant market, including which other employers players would consider realistic alternatives to Division I opportunities. That economic question matters in deciding whether an eligibility rule unlawfully restricts competition.

On the contract claim, she found that players whose eligibility had expired before the new rule took effect likely could not enforce it as intended beneficiaries of the NCAA's agreement with its member schools. She also found that, even if they could, the NCAA's interpretation was reasonable on the record presented. The NCAA argued that reopening eligibility could displace players with roster spots and disrupt recruiting and compensation arrangements already made for the coming season.

A related Colorado class action, Wisne v. NCAA, could affect the players. DuBose found both were members of that class. An order favoring the class had been paused by the U.S. Court of Appeals for the 10th Circuit during the NCAA's appeal. In her Oct. 22 orders, DuBose said the appeals court had heard arguments Oct. 13 and a decision was forthcoming. She declined to delay her ruling while that appeal was pending and said she could revisit the issue after a decision.

This report describes the Oct. 22 orders. The Signal has not confirmed subsequent appellate action.

Oct. 22 amended memorandum and order, Simpson v. NCAA; Oct. 22 memorandum and order, Pinion v. NCAA.