In the prominent world of Name, Image, and Likeness (“NIL”) in collegiate athletics, the National Collegiate Athletic Association (“NCAA”) has been involved in their fair share of litigation surrounding athletes requesting additional years of eligibility.  The most notable instance of the NCAA involved in litigation is against Trinidad Chambliss, the quarterback who led the University of Mississippi (“Ole Miss”) to their first College Football Playoff appearance in 2025-2026.[i]  Just a month ago, Chambliss was granted a favorable ruling by a trial court in Mississippi.[ii] But the NCAA is not only litigating claims against prominent athletes like Chambliss.

On March 6, 2026, Florida’s Fifth District Court of Appeal reversed the issuance of a preliminary injunction to Doctor Bradley (“Bradley”), a member of Bethune-Cookman University’s (“BCU”) basketball program.[iii]  BCU is the sixth university which Bradley has been enrolled in.[iv]  The most important information from these six years comes from Bradley’s penultimate college stop, as this is where the litigation against the NCAA stems from. While at Nicholls State University (“Nicholls State”) during the 2023-2024 season, Bradley opted to step away from the team amidst legal troubles he faced due to his involvement in a hazing incident at New Mexico State University (“NMSU”), the school he attended prior to Nicholls State.[v]  In a waiver filed to the NCAA by BCU on Bradley’s behalf, the school requested Bradley be granted an additional year of eligibility in part because he was denied an opportunity to play in the 2023-2024 season with Nicholls State due to circumstances beyond his own control.[vi] These circumstances were in reference to the hazing incident that Bradley was involved in.

The NCAA would deny the waiver request by finding there was no objective documentation that Bradley could not compete at Nicholls State for reasons that were beyond his control.[vii] The NCAA on reconsideration would further find that the 2023-2024 season was not a denied participation opportunity because Bradley decided himself to step away from the team, partially due to pending legal matters connected to the hazing incident.[viii] BCU would choose not to pursue any further appeals, and instead, Bradley would file a complaint against the NCAA.[ix] Bradley alleged that the NCAA was violating the Florida Antitrust Act by denying him a waiver to play with BCU, and sought to enjoin the NCAA from violating the Act.[x] Bradley also sought an order from the court declaring that he is entitled to play basketball for BCU for the 2025-2026 season.[xi]

The court below would grant Bradley’s temporary injunction on January 9, 2026, allowing him to join BCU for the remainder of the season.[xii] One of the main issues, according to the Fifth District, is that the lower court provided only a short two-paragraph analysis as to why Bradley was entitled to a temporary injunction.[xiii] The Fifth District noted the four elements necessary to establish a temporary injunction is warranted. They also provided Florida case law that states that a trial court must give clear, definite, and unequivocal sufficient factual findings to support each of the four elements.[xiv] The trial court’s two-paragraph analysis was obviously deficient to justify a temporary injunction, a remedy that is to be issued only in rare circumstances.[xv] The trail court’s order fell short due to its lack of sufficient factual findings for three of the temporary injunction elements while completely omitting to mention one of the elements entirely. Also mentioned was the fact that Bradley alleged a violation of the Florida Antitrust Act, a case that would be fact-intensive and surely garner more than two paragraphs of conclusory analysis.

This kind of favorable ruling for Bradley could spark an interesting conversation in that athletes may get more favorable rulings with local state court judges. For example, the previously mentioned Chambliss received a favorable ruling allowing him to play in a sixth year of college football after previously being denied additional eligibility. The judge who presides over Chambliss’ case, Judge Robert Whitwell, graduated from Ole Miss law,[xvi] and it could be argued that he subjectively might like to see Chambliss back with the Rebels because of his athletic abilities. In fact, Chambliss’ lawyers likely strategically filed in Mississippi state court.[xvii] There is no indication that the judge presiding over Bradley’s case, Judge Dennis Craig, is affiliated with BCU in any way. However, it could be argued that he would want to possibly see his local Division I college basketball team benefit from a veteran like Bradley playing. Issuing a conclusory and fact deficient order granted a precious remedy like a temporary injunction certainly can serve as circumstantial evidence that the filing in state courts is much more favorable to the college athletes and the NCAA would have to rely on the appellate court to correct orders such as the one entered in Bradley’s case.

[i] Pete Thamel, Ole Miss QB Trinidad Chambliss granted injunction for 2026, ESPN (Feb. 12, 2026 6:18 ET), https://www.espn.com/college-football/story/_/id/47912898/ole-miss-qb-trinidad-chambliss-granted-injunction-judge.

[ii] Id.

[iii] See Nat’l Collegiate Athletic Ass’n v. Bradley, No. 5D2026-0128, slip op. at 2 (Fla. 5th DCA Mar. 6, 2026).

[iv] Id.

[v] Id. (“Nicholls State University . . . where he transferred during the 2023-2024 season until Bradley left the team due to complications stemming from the hazing incident at NMSU”).

[vi] Id. at 3.

[vii] Id. at 4.

[viii] Id. at 4.

[ix] Bradley, slip op. at 4.

[x] Id.

[xi] Id.

[xii] Id.

[xiii] Id. at 4–5.

[xiv] See Fla. R. Civ. P. 1.610; see also Wayne’s Aggregate & Materials, LLC v. Lopez, 391 So. 3d 633, 636 (Fla. 5th DCA 2024).

[xv] See Bradley, slip op. at 6; see also Blue Earth Sols. V. Fla. Consol. Props., LLC, 113 So. 3d 991, 992 (Fla. 5th DCA 2013) (“A mandatory injunction should be issued in only the rarest of circumstances where the rights are clear and certain.”).

[xvi] Caleb Salers, Attorneys representing Ole Miss QB Chambliss sue NCAA for sixth year of eligibility, Super Talk Miss. Media (Jan. 16, 2026), https://www.supertalk.fm/attorneys-representing-ole-miss-qb-chambliss-sue-ncaa-for-sixth-year-of-eligibility/ (“The judge overseeing Chambliss’ case is Senatobia native Robert Whitwell, an Ole Miss Law graduate and former Northwest Mississippi Community College Quarterback.”).

[xvii] Thamel, supra note 1 (“The case was heard in a state court, which was a strategic decision by Chambliss’ lawyers when they filed for the injunction last month.”).

Motor vehicle negligence cases account for a large portion of personal injury litigation, yet punitive damages are rarely permitted unless there is sufficient supporting evidence.[i] Florida law imposes strict procedural and evidentiary requirements; under Florida Statutes section 768.72, a plaintiff may not plead punitive damages without demonstrating “clear and convincing evidence” that the defendant was engaged in “intentional misconduct or gross negligence.”[ii] Gross negligence is defined as conduct “so reckless or wanting in care that it constitute[s] a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.”[iii]

The Sixth District Court of Appeal recently applied these principles in Sagastume Mirlalda v. Mitchell, a decision that highlights the narrow circumstances in which punitive damages may be asserted in negligence cases.[iv] Here, the court addressed whether the trial court erred in granting the plaintiff leave to amend his complaint to assert punitive damages against both the driver and his employer companies. The appellate court ultimately reversed the trial court’s order, concluding that the plaintiff failed to establish a reasonable evidentiary basis for punitive damages under section 768.72.[v]

Sagastume worked for a concrete company that operated pump trailers on construction sites. While driving through a construction area, a pipe attached to his trailer became unsecured and struck another worker, Stafford Mitchell, causing injuries. Mitchell sued Sagastume and the company entities for negligence. In his motion for leave for punitive damages, Mitchell argued Sagastume’s conduct was grossly negligent because Sagastume had a history of driver’s license suspensions, was driving with an expired license at the time of the accident, and had allegedly been involved in a similar incident two days earlier. Mitchell also sought punitive damages against the employer entities based on negligent hiring, retention, and supervision.

The trial court granted the motion, concluding that Sagastume demonstrated willful and wanton conduct sufficient to support punitive damages. The court further determined that the employer could face both vicarious and direct punitive liability. The Sixth District disagreed, emphasizing that punitive damages are reserved for “truly culpable behavior” that would cause an average member of the community to exclaim, “Outrageous!”

First, the court rejected the plaintiff’s reliance on Sagastume’s prior driving history. Because these suspensions were unrelated to reckless driving or dangerous conduct, the court concluded that they were irrelevant to determining whether Sagastume acted with gross negligence on the day of the accident. Second, the court determined that Sagastume’s expired driver’s license did not support punitive damages. Although driving with an expired license may violate traffic laws, the court explained that such a violation does not establish gross negligence. Finally, the court found the accident two days earlier could not support punitive damages because the record contained no evidence explaining what caused that incident, and, therefore, could not establish that Sagastume acted recklessly in the accident at issue.

For these reasons, the appellate court also rejected the plaintiff’s theory of vicarious liability against the employer. Florida law requires proof an employee engaged in intentional misconduct or gross negligence before punitive damages may be imposed on the employer.[vii] The court also rejected direct liability against the employer. Because Sagastume had originally been hired as a mechanic and only later transferred to a driver position, the court concluded the plaintiff failed to present evidence showing that the managers acted with willful or malicious conduct when hiring and supervising Sagastume.

This decision reinforces Florida courts’ strict approach to punitive damages and clarifies that a defendant’s driving history is insufficient to support punitive damages unless it is directly connected to the conduct that caused the plaintiff’s injury. This case highlights the importance of demonstrating a clear nexus between the defendant’s prior conduct and the alleged misconduct at issue; administrative violations or unrelated driving infractions will rarely satisfy Florida’s demanding gross negligence standard. This decision also provides strong defense grounds to challenge punitive damages claims that rely on generalized character evidence rather than conduct that demonstrates a conscious disregard for public safety.

[i] See When Can You Seek Punitive Damages for an Auto Accident in Florida?, JD Supra (Nov. 17, 2025), https://www.jdsupra.com/legalnews/when-can-you-seek-punitive-damages-for-5002110/.

[ii] Fla. Stat. § 768.72 (1–2) (2024).

[iii] Fla. Stat. § 768.72 (2)(b) (2024).

[iv] Sagastume Mirlalda v. Mitchell, No. 6D2025-0451, 2026 WL 547765 (Fla. 6th DCA Feb. 27, 2026).

[v] Id.

[vi] Id.

[vii] Fla. Stat. § 768.72(3) (2024).