August 23, 2023 | By McCathern Law
Football legend Reggie Bush, with his counsel Levi G. McCathern and Ben Crump, will speak to assembled media on Wednesday, August 23 at 11:00 AM PT at the President’s Suite in the Los Angeles Memorial Coliseum where he will discuss a defamation lawsuit against the NCAA.
Former collegiate super-star, NFL All-Pro football player and current sports analyst and philanthropist Reggie Bush, through his counsel at McCathern, PLLC and Ben Crump Law, filed a lawsuit today in Marion County, Indiana against the NCAA. The lawsuit is based on the NCAA maliciously attacking his character through a completely false and highly offensive statement that was widely reported in the media and substantially and irreparably damaged his reputation.
Specifically, on July 28, 2021, the NCAA, by and through its authorized spokesperson, falsely told reporters that because of Mr. Bush’s prior involvement in a “pay–for–play arrangement,” the NCAA would not consider restoring his collegiate records that it vacated in 2010, which subsequently resulted in Mr. Bush having to return his Heisman Trophy (the first player in history to do so). Within less than a day, this false statement was republished by no less than 20 different media organizations and circulated to readers around the world.
The NCAA’s statement is completely false and highly offensive. The NCAA knew Mr. Bush was never even accused of, involved in, much less sanctioned for any “pay–for–play arrangement” which never occurred.
Although the NCAA was previously involved in a (now-discredited) investigation that purportedly determined in 2010 that Mr. Bush accepted tangential benefits from an non-existent sports marketing agency during his time playing for USC, the NCAA and its spokesperson were aware at the time of the false statement that (i) the investigation did not conclude that Mr. Bush engaged in “pay-for-play” while at USC, and (ii) there were serious flaws with the investigation that undermine its reliability to such an extent that to rely on the investigation’s findings as factual is reckless.
The serious flaws in the NCAA’s investigation came to light through years-long litigation between the NCAA and Todd McNair, Mr. Bush’s assistant coach at USC, when he sued the NCAA for slander and defamation. Two California courts have found in the McNair litigation that NCAA investigators conducted a “sloppy” and “unprofessional” interview of the key witness in the matter— Lloyd Lake—that produced answers that “were unclear and unresponsive to the point of being unreliable and lacking in any value,” and that the NCAA Report misrepresented what Lake had told investigators and was “false in several material ways.” In response, the NCAA and McNair entered into a confidential settlement agreement in July 2021.
Mr. Bush attempted to appeal the NCAA’s penalties in 2022 after all of this came to light, but the NCAA rejected his appeal because he lacked standing and was not considered an involved individual. Rather, the NCAA took the position only USC could appeal the penalties. Recently, USC and Mr. Bush have re-submitted the appeal to the NCAA to again try to overturn the “sloppy” and “unprofessional” investigation that was “false in several material ways” in hopes to re-establish his eligibility and restore the records and achievements earned during his time at USC.
Mr. Bush has filed suit in Marion County, Indiana, where the NCAA has its principal office. Attorneys for Mr. Bush in this suit are Levi G. McCathern and Ty M. Sheaks of McCathern, PLLC, with additional counsel from renowned civil rights attorney Ben Crump of Ben Crump Law PLLC and Andrew W. Hull of Hoover Hull Turner, LLP.
For further information please contact McCathern, PLLC at 214-741-2662 and ask to speak with Levi McCathern (lmccathern@mccathernlaw.com), Ty Sheaks (tsheaks@mccathernlaw.com) or Matt Kellogg (mkellogg@mccathernlaw.com). Additional media inquires can be directed to Jaclyn D. Carter (jcarter@shorefire.com) and Attorney Crump (press@bencrump.com).
About Reggie Bush
A celebrated former American football player, has left an indelible mark on the sport. Hailing from Spring Valley, California, Bush’s remarkable athleticism and superhuman speed propelled him to great heights throughout his career. As a college player at the University of Southern California, he garnered immense recognition, winning the prestigious Heisman Trophy in 2005 and playing a pivotal role in the Trojans’ national championship victory. Selected as the second overall pick in the 2006 NFL Draft by the New Orleans Saints, Bush’s professional journey showcased his versatility and playmaking abilities. His exceptional agility on the field made him a formidable threat both as a running back and a receiver. During his time with the Saints, he played a pivotal role in team’s victory in Super Bowl XLIV. Over the course of his NFL career, which included stints with the Miami Dolphins, Detroit Lions, and San Francisco 49ers, Reggie Bush became known for his dynamic playing style and his ability to make game-changing plays. Beyond the football field, Reggie is a true trendsetter, known for his unique outfit pairing and style intuition. Reggie has also been recognized for his philanthropy and charitable efforts, particularly in the areas of education and children’s health. With an impressive legacy in the sport and a commitment to making a positive impact off the field, Reggie Bush’s influence extends far beyond the game of football.
About McCathern
McCathern, PLLC (“McCathern, Shokouhi, Evans, Grinke”) is a full-service law firm headquartered in Dallas, Texas with additional offices in Houston, Frisco, and Los Angeles. Founded in 1998, the firm has built a reputation for having the experience and acumen of much larger law firms with the personal attention to client needs of a small firm. McCathern handles a wide range of legal matters for a diverse client base, from small companies and high-net-worth individuals to Fortune 500 companies and high-profile organizations. McCathern Founding Partner Levi G. McCathern II is widely recognized as one of the premier litigation lawyers in Texas. Specializing in catastrophic damage litigation, he is frequently summoned to defend complex, high-damage claims, including all types of commercial litigation. Ty M. Sheaks, a Partner in the firm’s Frisco office, is a respected source of insight and information as a frequent speaker, author, and faculty legal advisor, and he is the go to “fixer” for many of McCathern’s most difficult and high-exposure matters.
About Ben Crump Law
Through his work, nationally renowned civil rights and personal injury attorney Ben Crump has spearheaded a legal movement to better protect the rights of marginalized citizens. He has led landscape-changing civil rights cases and represented clients in a wide range of areas including civil rights, personal injury, labor and employment, class actions, and more. Ben Crump Law is dedicated to holding the powerful accountable. For more information, visit bencrump.com