In the Petition for Rehearing En Banc, Easterday contends that barring his NIL claims related to his likeness on product packaging due to a potential misreading of the statute of limitations could unduly restrict collegiate athletes' rights. He argues the necessity for deeper examination to define which statutory periods and rules should apply, as Washington courts have yet to clarify this landscape. Without this clarification, athletes’ rights might be ineffectually protected and remain in legal limbo.
The Ninth Circuit's Panel demonstrated a lack of grounding in Washington laws by barring Easterday from presenting his NIL claims citing a statute of limitations misinterpretation. The weight of legal authority suggests a different understanding is warranted, and Easterday calls for an en banc review to address fundamental questions about applicable limitations, accrual rules, and possible tolling under the discovery rule, which are crucial for asserting NIL rights.
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