by: Justin Walker | WVU Sports Chat
MORGANTOWN, W.Va. – The case involving the four WVU football players who are suing the NCAA has seemingly took a positive turn for the Mountaineers. The four players: Jimmori Robinson, Jeffrey Weimer, Tye Edwards, and Justin Harrington, have filed a lawsuit against the NCAA to try and receive their final year of eligibility.
The original judge in the case, Thomas Kleeh, recused himself because of his support for WVU Athletics. That may sound like a bad thing to WVU fans. However, the judge who has been assigned the case, Judge John Preston Bailey, has a history of ruling against the NCAA. Per sports law expert, Sam Ehrlich, Judge Bailey presided over a case in 2023 where he ruled the NCAA’s “year in residency” transfer rule violated antitrust law.
The West Virginia football eligibility case has indeed been reassigned to Judge John Preston Bailey after Judge Kleeh recused, citing his support of WVU athletics.
— Sam C. Ehrlich (@samcehrlich) August 5, 2025
Judge Bailey, of course, ruled in 2023 that the NCAA's "year-in-residence" transfer rule violated antitrust law. https://t.co/RxBFF2O8X3 pic.twitter.com/kxRlqzGzle
The “year in residency” rule stated that undergraduate players who wish to transfer from one four-year institution to another, must sit out one year. Now that Judge Bailey’s ruling has eliminated that rule, players are allowed to transfer immediately as long as they meet academic and other requirements.
Ehrlich also reported that Judge Bailey has set a Tuesday, August 19 hearing date for the case. This means a decision could potentially be reached before the Mountaineers’ first game on August 30.
Judge Bailey has set a Tuesday, August 19 hearing date for the WVU football eligibility case. https://t.co/QKHicSfRV7 pic.twitter.com/wsMQ0sTbgc
— Sam C. Ehrlich (@samcehrlich) August 6, 2025
To see this case explained in video form, check out this recent edition of Couz’s Corner on YouTube.