Former UNM DL Brett Karhu files suit against NCAA seeking fifth year of eligibility

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Former New Mexico defensive lineman Brett Karhu is suing the the NCAA, claiming it “breached the covenant of good faith and fair dealing” by denying him a fifth year of eligibility amid recent changes to the organization’s eligibility rules.

Filed July 14, Karhu’s complaint came less than a month after the NCAA adopted an age-based eligibility policy allowing athletes five years to play five seasons starting with their full-time enrollment or the season after their 19th birthday, whichever comes first. Despite the new “five-for-five” rule, players like Karhu — who completed his fourth year of eligibility last season — are not eligible for a fifth year of competition under the new rules.

Karhu, 22, is now seeking an injunction to prevent the NCAA from denying him a fifth season of college football. It is unclear when an injunction might be granted or denied.

“The NCAA's conduct has harmed Mr. Karhu by creating a poorly designed hard and fast rule with only arbitrary exceptions,” claimed the suit, filed in the 2nd Judicial District Court.

Wednesday, Karhu told the Journal he was not able to comment on the lawsuit. His lawyer, Wayne R. Suggett, did not return a request for comment.

A standout defensive lineman for UNM, Karhu made 17 solo tackles and 7.5 sacks in 13 starts last season. He previously played one season at Memphis (2024) and two at Division II Oklahoma Baptist (2022-23) without taking a redshirt season.

The complaint claims that Karhu would be subject to significant “economic consequences” by not being able to play a fifth season and make money via NIL payments or revenue sharing. It also contends that the shift to a five-for-five deprives Karhu another year to develop for a potential shot at the NFL.

“Agents have reached out to Mr. Karhu and indicated that if he had an additional year of college eligibility and performs at his past high level, they would be willing to take him on as a client,” the suit claims.

“This demonstrates that his potential as a professional athlete is not a matter of speculation but has been verified and recognized by industry experts whose business livelihood depends on the accurate assessment and evaluation concerning whether a player has, or may develop into, NFL-caliber talent.”

Karhu’s complaint mirrors others that have been filed this summer on behalf of student-athletes seeking additional years of eligibility. The suit claims that Karhu — who graduated high school in 2022 — had to compete with players who received extended eligibility due to COVID-19 for scholarship offers and later, playing time.

But like an Ohio suit filed on behalf of 15 college basketball players in June, Karhu’s complaint also does not challenge the new eligibility rule or the concept of defined eligibility period.

“Rather, (Karhu) challenges the NCAA's application of the (four-in-five) rule that afforded football players to compete against him in college,” from the high school classes of 2017-20 and 2023-25 and 2025, “an additional year of competition while denying plaintiffs the same opportunity,” the suit claimed.

“The NCAA then compounded the problem by allowing former professional players to compete in their fifth year following high school graduation regardless of the number of professional games they had played, while denying Mr. Karhu the same opportunity to use the NCAA's amended (five-for-five) competition system.”

Speaking at Mountain West Media Days in Las Vegas, UNM head coach Jason Eck said Karhu intended to file a lawsuit for a fifth year after his original appeal was dismissed by the NCAA this spring. If Karhu were to become eligible, he added, UNM would likely open a spot for him on the roster.

“It’s tough because those are long shots,” Eck said on July 15. “We can’t hold the spot for him, so that would be something where, if a guy like that all of a sudden got eligibility, we may have to cut somebody to get him. And I don’t think there’s a great chance.

“But I didn’t expect James Laubstein (a UNM quarterback who received an extra year of eligibility this spring via an NCAA waiver) back either. We got him back, so never say never, you know?”

Sean Reider covers college football and other sports for the Journal. You can reach him at sreider@abqjournal.com or via X at @lenaweereider.

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