Judge dismisses NC State’s ‘Cardiac Pack’ lawsuit for name, image, likeness compensation

"Cardiac Pack" Sued Over Image Rights; Case Dismissed

Former NC State Players Sought Compensation for Championship Win's Legacy

The “Cardiac Pack,” the 1983 North Carolina State men’s basketball team known for its nail-biting victories, including a buzzer-beating win over Houston in the national championship game, saw their lawsuit against the NCAA dismissed.

The players had requested a jury trial and "reasonable compensation," alleging the NCAA had systematically misappropriated their name, image, and likeness rights associated with their iconic victory for decades. Lorenzo Charles's dramatic buzzer-beating dunk, immortalized in promotions for years, was a central point of contention.

"For more than 40 years, the NCAA and its co-conspirators have systematically and intentionally misappropriated the Cardiac Pack’s publicity rights — including their names, images, and likenesses — associated with that game and that play, reaping scores of millions of dollars from the Cardiac Pack’s legendary victory,” the lawsuit stated.

The dismissal comes after a similar suit filed by a former Kansas basketball player was rejected in April. The NCAA requested this case be dismissed as well, arguing the claims were untimely and lacked legal basis.

Superior Court Judge Mark A. Davis issued a 44-page order Thursday, stating: "Because their claims are untimely, barred by their failure to allege a violation of a legally enforceable right, and preempted by the federal Copyright Act, dismissal of this action in its entirety is appropriate.”

This decision arrives amidst the backdrop of the House vs. NCAA settlement, which promises nearly $2.8 billion in back pay to athletes who competed from 2016 onward and lost NIL opportunities.