Zion Williamson wins case against ex-marketing agent seeking $100M

Beth McCandry

A North Carolina federal judge ruled in favor of New Orleans Pelicans player Zion Williamson in a case involving a contract with a Florida-based marketing agent seeking $ 100 million in damages from the former Duke star.

U.S. District Judge Loretta Biggs in Winston-Salem, North Carolina, ruled Wednesday that marketing agent Gina Ford’s contract with Williamson was void because Ford was not a licensed agent in the state at the time of her meeting with Williamson and the contract was not being adhered to with the key requirements of the state’s Sports Agents Act, the Uniform Athlete Agents Act.

The law requires that the contract contain warnings explaining how recruiters are causing athletes to lose their amateur status. It also requires that such contracts contain a disclaimer that gives athletes 14 days to terminate.

“We are grateful that the court invalidated the contract based on the merits of the case in accordance with the clear, relevant requirements of North Carolina law,” said Williamson attorney Jeffrey S. Klein in a written statement. “The court confirmed that the actual facts matter, which will hopefully serve as a cautionary story for unscrupulous agents searching for student athletes.”

Attorney Willie E. Gary, who is part of the Ford legal team, stated that the order “only affects some of the claims in the North Carolina case.”

“Most of the counterclaims remain and we intend to pursue them vigorously,” he said. “We are also examining all options for the appeal.”

Counterclaims include allegations of unauthorized interference or impairment of the business relationship between Williamson and Prime Sports by CAA as well as unjust enrichment and theft of trade secrets.

“Williamson’s new agent shouldn’t be able to benefit from Ms. Ford’s significant efforts,” said Gary.

It remains to be seen how the federal ruling will affect a separate but related lawsuit that Ford filed in a Florida court to seek damages for breach of contract.

Williamson filed a federal lawsuit in North Carolina in June 2019 to terminate a five-year deal with Ford’s Prime Sports Marketing agency after joining Creative Artists Agency LLC.

Ford and Prime Sports attorneys alleged that the North Carolina athlete’s agent law should not apply to Williamson because Williamson and his family accepted inappropriate financial benefits while he was still enrolled with Duke. Ford’s attorney filed an affidavit alleging a payment of $ 400,000 had been made to Williamson’s family before the former Duke star began his lonely college season.

Klein asked the court to ignore the affidavit, on the grounds that the allegations were false, that evidence was fraudulent, and that the fact remains that Williamson ended his lonely season at Duke in good shape and never from the NCAA had been declared inadmissible.

The judge agreed, finding that there was no legal basis for the courts to determine whether Williamson had violated NCAA rules.

“The defendants have not produced any powers, jurisdiction or other provision to suggest that it is up to a court to assess the details of a sports student’s eligibility under NCAA rules,” the ruling said Wednesday. “Rather, in applying the Statute, it appears to be the task of the court to determine whether the sports learner has either been classified as permanently permanently ineligible or” permanently ineligible “by the competent governing body. The defendants did not claim that this happened. “

In the Florida trial, Ford’s attorneys tried to get Williamson, the No. 1 NBA pick for 2019, to take oath to answer questions about whether he received undue advantage before playing for the Blue Devils.

A Florida appeals court in June granted a respite to suspend proceedings there and shifted focus to the North Carolina case.

Duke repeatedly declined to comment on the case as he is not involved in the lawsuit, but made a statement in January that the school had previously checked Williamson’s eligibility and found no concerns.