A Knoxville judge has denied Tennessee slugger Alberto Osuna’s request for a temporary restraining order against the NCAA, according to documents obtained by RTI on Thursday.
Osuna filed a complaint against the NCAA on Wednesday, claiming they’re violating Sherman Antitrust Act in keeping him ineligible to play the 2025 season at the moment.
Part of Osuna’s complaint was a request for a temporary restraining order against the NCAA which would keep the governing body from enforcing its eligibility rule in the case and would make Osuna eligible for Friday afternoon’s season opener against Hofstra.
A local judge denied the temporary restraining order meaning Osuna will remain ineligible for the time being.
This is not a final ruling on the case. The court set up a hearing for Feb. 26 to review Osuna’s request for a preliminary injunction.
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Osuna’s case is a very similar to Vanderbilt quarterback Diego Pavia who won a lawsuit against the NCAA in December with a court ruling that the NCAA can not legally enforce its bylaws stating that a junior college season counts NCAA eligibility.
The transfer first baseman is seeking another year of eligibility after playing just three seasons of Division-I baseball at North Carolina. Osuna previously played two seasons of baseball at Walters State Junior College though though one year was covered by COVID-19 eligibility relief.
Osuna transferred to Tennessee on Friday, Jan. 31 exactly two weeks before the start of the 2025 season. Tennessee filed a waiver for Osuna’s eligibility the following Monday, Feb. 3 and as of Feb. 11 the NCAA had yet to assign a representative to Osuna’s case.
Osuna was a three-year starter for North Carolina at both first base and designated hitter. The right-handed bat combined to hit .259 with 32 doubles, 45 home runs and 140 RBIs in his three seasons at North Carolina.
During the 2024 season, Osuna hit .281 with 17 doubles,14 home runs and 56 RBIs on the Tar Heels run to the College World Series. The slugger hit a career-best 20 home runs during the 2022 season.
