MADISON, Wis. — Wisconsin cornerback Nyzier Fourqurean’s preliminary injunction request against the NCAA was granted Thursday, allowing for the fifth-year senior to return in 2025.

In a lawsuit filed in the U.S. Western District of Wisconsin, Fourqurean argued his season at Division II school Grand Valley State should not count towards his eligibility. He believed that the NCAA not allowing Division II athletes to compete in a third and fourth year of the FBS due to their previous academic career, therefore limiting economic opportunities, violated the Sherman Antitrust Act.

Judge William M. Conley granted Fourqurean’s preliminary injunction request after the NCAA initially denied him on Jan. 30.

“Moreover, defendant’s eligibility rules likely depress competition for roster spots, and thus, player NIL earnings, by categorically excluding athletes after four seasons of competition when their marketability for NIL income is more likely than not to be at its apex,” Conley wrote in his decision. “Accordingly, plaintiff has shown that the Five-Year Rule has an anticompetitive effect.”

In his decision, Conley focused on critiquing the waiver process rather than abiding by the NCAA’s traditional “Five-Year Rule”.

“The waiver process itself appears problematic given plaintiff’s counsel’s representation that only the UW, and not plaintiff himself, could apply for a waiver, functionally requiring an NCAA-member institution to sponsor a student-athlete before he can apply for a waiver, further restricting his ability to market his services,” the judge wrote.

“Thus, although the court does not agree with all of defendant’s asserted procompetitive effects of the Five-Year Rule, the court concludes that defendant has offered a legitimate, procompetitive rationale for its eligibility restraints on competition being tied to academic progress.”

The NCAA released a response statement disagreeing with the decision, citing a concern over this decision “altering the enforcement of foundational eligibility rules” as well as calling on Congress to “provide stability”.

“The NCAA supports all student-athletes maximizing their name, image and likeness potential, but today’s ruling creates even more uncertainty and may lead to countless high school students losing opportunities to compete in college athletics,” the statement read. “Altering the enforcement of foundational eligibility rules – approved and supported by membership leaders – that are designed to help ensure competition is safe and fair for current and future student-athletes makes a shifting environment even more unsettled.

“The NCAA and its member schools are making changes to deliver more benefits to student-athletes, but the recent patchwork of state laws and court opinions continues to make clear that partnering with Congress is essential to provide stability for the future for all college athletes.”

This lawsuit follows that of Vanderbilt quarterback Diego Pavia’s, where he successfully argued in December that time spent in junior college shouldn’t count towards eligibility.

With the return of Fourqurean as well as Ricardo Hallman, the Badgers will roll out the same perimeter cornerback duo for the third straight season.

These two decisions were some of the most crucial of Wisconsin’s offseason, after their cornerback room was utterly decimated by the transfer portal.

The Badgers lost a promising second-year duo in Amare Snowden and Jonas Duclona, as well as freshman Jace Arnold. The worst loss was that of Xavier Lucas, who found himself at the center of a much messier legal battle back in January.

They also lost two rotation pieces from 2024 in Max Lofy, as well as RJ Delancy to graduation.

Wisconsin attempted to make up for the losses by acquiring Geimere Latimer and D’Yoni Hill, but neither will enter the season as proven as Fourqurean.

The presence of two reliable starters should allow Wisconsin’s transfers and young players to ease into their roles.