Kansas State baseball player Cary Arbolida files eligibility lawsuit against NCAA

Kansas State baseball player Cary Arbolida became the latest former JUCO athlete to file a lawsuit against the NCAA. He played three years of JUCO ball – including the COVID-impacted 2020 campaign – before spending the last two seasons at Houston.

In the suit, filed in the U.S. District Court for the District of Kansas, Arbolida is seeking an injunction to play both the 2025 and 2026 seasons at Kansas State. The case is similar to the one filed by Vanderbilt quarterback Diego Pavia, which resulted in a preliminary injunction allowing him to play this coming year, and Arbolida cited that case in the filing.

After the decision in Pavia’s lawsuit, the NCAA granted a blanket waiver to former JUCO players to compete in 2025. However, it only applies to fall athletes, according to the filing. That’s why Arbolida took the legal route to get onto the field while awaiting an answer from the NCAA.

We have another Pavia-like lawsuit, and by another college baseball player.

Cary Arbolida, who played three years at JUCO Orange Coast College before playing two years at Houston, is now seeking an injunction that would allow him to play this year and next year for K-State. pic.twitter.com/9DMrnjrp9w

— Sam C. Ehrlich (@samcehrlich) February 14, 2025

“Although Pavia and Arbolida have nearly identical collegiate eligibility records (one year disregarded for COVID-19, one JUCO year, and three Division I years for Pavia and one year disregarded for COVID-19, two JUCO years, and two Division I years for Arbolida), the NCAA’s Blanket Waiver does not, on its face, extend relief to Arbolida,” the filing states. “Unlike football, collegiate baseball is played in the Spring. Therefore, Arbolida must use his third year of Division I eligibility during the Spring 2025 baseball season.

“Because the NCAA Blanket Waiver extends eligibility only to athletes using their fourth year of Division I eligibility for Fall 2025 or Spring 2026 seasons, Arbolida is not covered by the waiver. This arbitrary distinction harms Arbolida and is another example of the NCAA’s unlawful restrictions on the market for Division I athletics.”

Cary Arbolida cites NIL dollars in NCAA suit

After two years at Houston, Cary Arbolida entered the transfer portal and committed to Tampa – the same school as Alberto Osuna, who also filed an eligibility lawsuit against the NCAA. His motion for a temporary restraining order was denied Thursday.

But in Arbolida’s case, he cited specific NIL earnings on the table if he is able to play this season. That’s different from Osuna’s arguments.

“The NIL opportunities and resources available to Arbolida at KSU are better than those available to him at other non-Division I institutions,” the filing states. “Arbolida committed to KSU and applied for admission in late January 2025.

“After being admitted, Arbolida enrolled in classes full-time. Arbolida arrived in Manhattan, Kansas on or about February 6, 2025. Arbolida would be able to earn at least $50,000 in NIL compensation if he is able to play Division I baseball at KSU in the Spring 2025 season.”

More on the Alberto Osuna, Diego Pavia cases

In the Alberto Osuna case earlier this week, Judge Charles E. Atchley Jr. denied his request for a temporary restraining order, which is the same decision made in Diego Pavia’s request for a TRO. However, the court will hear Osuna’s motion for a preliminary injunction at an expedited hearing.

In the meantime, though, he will not be able to suit up for Tennessee. The Volunteers started the 2025 season against Hofstra on Rocky Top Friday afternoon.

But the Pavia case is the path Cary Arbolida hopes to follow. After his TRO was denied, Judge William Campbell argued the NCAA’s redshirt rule involving junior college eligibility violates antitrust law.

Pavia initially filed a lawsuit in November against the NCAA, arguing that because the governing body counts junior college seasons towards NCAA eligibility and athletes cannot redshirt after they have played four years, NCAA rules violate antitrust law. The former New Mexico State transfer also argued that this forced athletes to miss out on NIL dollars.

“Defendant NCAA, its servants, agents, and employees, and all person acting in active concert or participation with the NCAA are hereby restrained and enjoined from enforcing NCAA Bylaw 12.02.6 to preclude Pavia from playing NCAA Division I football in 2025,” Campbell’s order stated.

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