New motion marks Alberto Osuna's latest bid to play baseball at Tennessee
A motion was filed Monday in federal court seeking to reverse the denial of a preliminary injunction that would've him allowed him to take the field for the national champion Volunteers. The motion pointed to a recent decision by the District Court of New Jersey that granted eligibility to Rutgers football player Jett Elad for the 2025 season, contending that Osuna's request should be granted since both cases are largely based on the same evidence.
'Elad involves the same JUCO rules and same Sherman Act antitrust claim at issue in this case. Elad also submitted and relied on substantially the same evidence as Osuna, including the expert testimony of Dr. Joel Maxcy regarding the anticompetitive effects of the NCAA's JUCO rules. The NCAA's JUCO rules have now been enjoined by two District Courts who relied on expert testimony provided by Dr. Maxcy that is the same or substantially the same as the evidence and testimony provided in this case.'
Federal motion filed on April 28
He filed a lawsuit against the NCAA in February, arguing that his one season at Walters State Community College should not count against his eligibility. He played the 2021 season at the school in Morristown, Tennessee before spending the last three years at North Carolina.
Osuna had joined Division II program Tampa believing he had no Division I eligibility left. When an injunction was issued allowing Vanderbilt quarterback Diego Pavia to play another year after a judge determined that his season at New Mexico Military Institute shouldn't count against his Division I eligibility, Osuna entered the transfer portal and came to Tennessee in hopes that he would win a similar ruling.
Burchett chides NCAA on House floor over Osuna's fight to play baseball at Tennessee
All three cases assert that NCAA rules violate the federal antitrust law, arguing that using junior college play into determine Division I eligibility denies athletes the full earning potential they would've received from four full years of name, image and likeness opportunities at a D-I program.
Osuna batted .259 with a .359 on-base percentage, 45 homers and 140 RBIs in 177 career games at North Carolina over the last three seasons. He hit .281 with a .376 on-base percentage, 14 homers and 56 RBIs in 62 games last season while helping the Tar Heels reach the College World Series.
No. 5/12 Tennessee currently sits in fourth place in the SEC baseball standings with a record of 13-8 in conference play.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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