Brett Karhu will have his day in court.
A court hearing has been scheduled for the New Mexico defensive end’s lawsuit against the NCAA, one claiming the organization breached the “covenant of good faith and fair dealing” by not allowing him to play a fifth year.
Karhu’s motion for a temporary restraining order against the NCAA will be heard Wednesday in the 2nd Judicial District Court at 2 p.m., according to court documents filed Monday.
Judge Joshua Allison is scheduled to preside over the hearing.
Karhu’s hearing comes after the NCAA was granted a stay request Friday in Wisne v. Colorado, effectively pausing a class-wide preliminary injunction that allowed hundreds of college athletes to play a fifth year. Along with cornerback Azariah Levells, the fifth-year senior was able to return to UNM and participate in team activities under that injunction.
Karhu and Levells have not practiced since Thursday, a day before the NCAA’s stay request was granted. Both attended practice Saturday, Sunday and Monday as spectators after UNM athletic director Ryan Berryman announced they would be held off the field after the injunction was stayed.
“The motion to stay granted today renders the student-athletes affected by the Wisne case ineligible, effective immediately, while the appeals process,” he said in a statement provided to the Journal. “Our student-athletes will remain on campus, but removed from countable athletic-related activity, while awaiting future developments related to the appeal or similar cases.”
Karhu’s lawsuit was filed in mid-July, less than a month after the NCAA moved to a new age-based eligibility model. Known as the “five-for-five” rule, the policy allows athletes five years to play five seasons starting with their full-time enrollment or the season after their 19th birthday, whichever comes first.
The application of the rule has been challenged in various state courts since the change went into effect. Multiple lawsuits — including Karhu’s — have questioned the decision to allot fifth years for players that graduated high school in 2023 and 2024, but not 2022.
The NCAA said in a statement Friday that it will continue to defend similar eligibility lawsuits after the Wisne injunction was stayed.
“Institutions will not have violations for any class members who were allowed to compete consistent with the scope of the Wisne injunction prior to the stay being granted, and those former student-athletes are no longer eligible under the Wisne injunction,” the statement continued.
If Karhu secures a temporary restraining order for a fifth year, he would join Memphis transfer safety Jayden Flaker as the second Lobo to do so. Flaker received a restraining order through a Texas state court on Aug. 14 before joining UNM three days later.
Notes and quotes
-Monday, head coach Jason Eck said UNM’s quarterback competition is still “very close” as fall camp comes to a close Tuesday: “I think that’ll be a big practice, and we’ll see – if it ends up being really tight, maybe you’re just gonna play multiple quarterbacks,” he added. “I don’t want to force it if there’s not one clear guy. Might have to just play to each guy’s strengths. But we’ll see.”
-Eck said Kiefer Sibley has passed Cameron Mathews in the running back pecking order: “Cam was ahead out of the spring, but I think Kiefer’s had a good camp and kinda pulled ahead.”
-Wide receivers Troy Omeire and DJ Darling are “really close” to being full participants in practice after suffering hamstring injuries, Eck said: “We just wanna be smart. (We) don’t wanna reaggravate those hamstrings, (which can be) tricky because they can become nagging (injuries) all year.”
-Bobby Aragon, the owner of Amazing Jumps, Tents & Events, is organizing a chartered bus trip for Lobo fans looking to attend UNM’s game at Oklahoma (Sept. 19) in Norman, Oklahoma. A round-trip bus ride and two-night hotel stay (double occupancy) spanning Sept. 18-20 costs $495 per person while the single occupancy option costs $625. Aragon can be reached at 505-974-0125; tickets to the game are not included in the package.
Sean Reider covers college football and other sports for the Journal. You can reach him at sreider@abqjournal.com or via X at @lenaweereider.
