Bloom v. NCAA - 93 P.3d 621 (Colo. App. 2004)

Rule:

Preliminary injunctive relief is designed to protect a plaintiff from sustaining irreparable injury and to preserve the power of the trial court to render a meaningful decision following a trial on the merits. The power to grant a preliminary injunction should be exercised sparingly and cautiously and with a full conviction on the part of the trial court of its urgent necessity. 

Facts:

The student was recruited to play football at the university. The NCAA denied the university's request for waivers of NCAA rules restricting student athlete endorsement and media activities. The student brought an action against the NCAA for declaratory and injunctive relief, asserting that his endorsement, modeling, and media activities were necessary to support his professional skiing career. The trial court ordered the university joined as an indispensable party. The trial court determined that, although the student was a third-party beneficiary of the NCAA bylaws, he was not entitled to injunctive relief. 

Issue:

Was the denial of the student’s injunctive relief proper?

Answer:

Yes.

Conclusion:

The court found that the trial court did not abuse its discretion in failing to fault the NCAA for refusing to waive its rules, as requested by the university, to permit the student to pursue television and film opportunities while he was a student athlete at the university. The student failed to demonstrate any inconsistency in application that would lead the court to conclude that the NCAA was arbitrarily applying its rules. The student was properly denied injunctive relief, because he failed to demonstrate a reasonable probability of success on the merits.