Clemson wide receiver Tristan Smith had filed suit against the NCAA.
The suit was filed on Wednesday in Pickens County, according to Sportico, with Smith claiming he could earn between $300,000 and $600,000 in NIL and marketing opportunities, plus potential revenue share if eligible to play this fall. Smith is represented by attorneys Darren Heitner and Mark Pepper.
According to a complaint, Smith filed for a waiver with the NCAA that would allow him one more season of eligibility. It was denied.
The 6-foot-5 wideout spent the first two seasons of his career at the JUCO level, and he is arguing that the NCAA has applied the waiver system inconsistently, citing Vanderbilt and Diego Pavia as one example. Pavia was granted an extra year due to having played at the JUCO level.
Here is an excerpt from the report:
Smith’s complaint contains a claim for tortious interference with prospective business relations. It argues that by denying the waiver, the NCAA has denied Smith a chance to earn as much as $600,000 in NIL money and potential revenue share.
The complaint also includes a claim for breach of contract, with Smith arguing he is a third-party beneficiary of the contractual relationship between Clemson and the NCAA. As a third-party beneficiary, Smith wouldn’t be a party to the NCAA–Clemson membership agreement, but he can claim he has a protected and enforceable legal interest in the contract being performed. Smith contends the NCAA has been arbitrary in applying waiver applications, which are submitted by schools, and he has been harmed by the NCAA’s denial of Clemson’s application.
Smith totaled 24 catches for 239 yards and a touchdown last season for the Tigers.