English v. NCAA case brief

English v. NCAA case brief summary
439 So.2d 1218 (1983)

CASE SYNOPSIS

Plaintiff university student, who was a football player, sought review of a judgment of the Civil District Court For The Parish Of Orleans (Louisiana), which denied the student's application for a preliminary injunction against defendants, a private university and an intercollegiate athletic association.

CASE FACTS
The student moved around from several universities and colleges seeking to play football. He enrolled in the university and later sought a restraining order against defendants to prohibit them from declaring him ineligible to play football for the university on the basis of the association's rule regarding transfers by student athletes between schools. He obtained a restraining order from the trial court which enabled him to play in the university's first four games. After a hearing, the trial court denied his application for a preliminary injunction and recalled the restraining order. The student sought review.

DISCUSSION

• On appeal, the court affirmed the judgment and recalled the restraining order. 
• The court held that the student had not prevailed on the basis of equitable estoppel because it was unreasonable for him to rely on an interpretation of transfer rules in the association's guide. 
• The court found that the student was not the beneficiary of a stipulation pour autrui by virtue of a contract between defendants because he was a third party to the contract. 
• The court ruled that the student had failed to show an abuse of the trial court's discretion in dismissing his application.

CONCLUSION

The court affirmed the judgment of the trial court and recalled the restraining order.

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