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Alberto Osuna denied preliminary injunction, remains ineligible for Tennessee baseball
By Andrew Olson
Published:
Alberto Osuna has been denied a motion for a preliminary injunction that would have made him eligible to play for Tennessee baseball.
The North Carolina transfer’s lawsuit drew comparisons to Vanderbilt QB Diego Pavia who argued that he was being denied NIL opportunities by not receiving 4 seasons of Division I eligibility after playing at the JUCO level.
The U.S. District Court for the Eastern District of Tennessee found insufficient evidence to conclude that the JUCO Rule dissuades athletes from attending junior colleges, disadvantages junior colleges in recruitment, or has harmful downstream effects on consumers.
— Darren Heitner (@DarrenHeitner) March 3, 2025
Osuna filed his complaint on Feb. 12. A hearing was held on Wednesday (Feb. 26).
The Court is sympathetic to Plaintiff’s position,” United States District Judge Charles E. Atchley Jr.’s ruling reads. “For an organization that professes to prioritize the well-being of its student-athletes, the NCAA’s conduct has in many ways been questionable at best and self-interested at worst. Still, Plaintiff’s extraordinary talents cannot alone justify the extraordinary remedy he seeks. Because Plaintiff fails to show a strong likelihood of success on his claims under the Sherman Act and state law, his Motion for Preliminary Injunction is DENIED.
The Court expressed sympathy for Osuna's position but determined that, based on the current record, the extraordinary remedy of a preliminary injunction was not justified. pic.twitter.com/NShnkI3YA5
— Darren Heitner (@DarrenHeitner) March 3, 2025
Osuna played at Walters State Community College in 2021. He finished the ’21 season batting .459 with 25 home runs and leading the nation with 107 RBI in 68 games, earning NJCAA DI Player of the Year recognition.
Osuna transferred to UNC for the 2022 season. Over 3 seasons, he played in 177 games, making 171 starts. He posted a .259 average with the Tar Heels, collecting 140 RBIs, 167 hits and 45 home runs.
Even without Osuna, Tennessee is off to a strong start in 2025. The defending national champions are 11-0 after defeating Oklahoma State, Rice and Houston in the Astros Foundation College Classic in Houston. The Volunteers host Radford on Tuesday.
Andrew writes about sports to fund his love of live music and collection of concert posters. He strongly endorses the Hall of Fame campaigns of Fred Taylor and Andruw Jones.
