heart pack | Players from NC State’s 1983 championship team sue the NCAA for zilch profits

WAKE COUNTY, N.C. (WTVD) — A group of players from N.C. State’s 1983 college basketball championship team has sued the NCAA over nothing winnings.

“We just want to be treated fairly,” said Cosell McQueen, one of 10 players named as plaintiffs in the lawsuit.

The lawsuit alleges that the NCAA used images and videos of the “Cardiac Pack” to advertise the NCAA men’s basketball tournament, among other commercial uses.

“You’ve been on TV for over 40 years, every year, and you can see the value of the project being promoted grow and grow and grow. I think anyone can look at that and say reasonably, ‘They’ve contributed and now they should be treated fairly.’

“I think that’s something that a lot of people can look at and say, ‘I didn’t think of that,’ but it makes a lot of sense today,” added Mike Warren, another former player on the 1983 team.

The team was not allowed to earn any money during the 1983 season due to NCAA rules during that period.

“As scholarship athletes, when we were in school, we couldn’t work,” Warren said.

That changed when the Supreme Court ruled against the NCAA in an antitrust case in 2021. That 9-0 ruling propelled college athletics to where it is today where athletes have been able to make money off their name, image and likeness.

“I think the current landscape has defined these rights. I mean, just because they became illegal recently, what did it mean for it to be less legal 40 years ago? Right now, the market has changed somewhat, and I think those are calculations that will impact the situation,” said W. Stacy Miller II. From Miller Law Group, one of three firms working on the case: “It will happen.”

NC State won the 1983 national championship after winning the ACC Championship and then the NCAA Tournament with an upset victory over Houston in the championship game. Their victory was mentioned often during NC State’s run to the Final Four this season, as the players were able to capitalize on the NIL.

“I think what the NC state race helps this year is to show people how important these accomplishments are and remind them how valuable these types of accomplishments are. So it’s helpful, but it’s certainly not essential,” said Elliott Abrams, an attorney with Cheshire Parker Schneider PLC. Which represents former players.

The plaintiffs in the case are Thurl Bailey, Alvin Battle, Walt Dinsmore, Tommy DiNardo, Terry Gannon, George McLean, Cosell McQueen, Walter Proctor, Harold Thompson, and Mike Warren.

Sidney Lowe, Ernie Myers and Derek Wittenberg are not listed as plaintiffs in the case, nor are the estates of Lorenzo Charles and Quinton Leonard.

“We’re a very close team and we’re completely united on this,” Warren said.

Warren cited Myers and Wittenberg’s work in NC State as a matter that needed to be resolved, while Lowe was busy with professional obligations moving forward as a plaintiff at this time. The two properties will eventually be added to the lawsuit, McQueen said.

“We think it’s a groundbreaking case. This is a groundbreaking story,” Morgan said.

The NCAA has not responded to the lawsuit.

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