Brendan Sorsby broke NCAA gambling rules. Now, his Texas Tech fate is in the hands of a Lubbock judge
In one of the most consequential NCAA eligibility cases in recent memory, given its potential ramifications, attorney Jeffrey Kessler argued that the Texas Tech quarterback's gambling addiction and mental health struggles should have been considered in determining his eligibility.
He also contended that Sorsby's betting activity at Indiana did not compromise the integrity of college football.
Standing before retired Tarrant County Judge Ken Curry, who had to take over the case following the previous judge recusing himself because of ties to Texas Tech football, attorney Jeffrey Kessler argued that Brendan Sorsby being involved with the Red Raiders' team was "critical" and time was of the essence.
Brendan Sorsby admits wagering nearly $90,000 during college career as NCAA fight heats up
The reason why attorneys for both the NCAA and Brendan Sorsby were arguing in a courtroom on Monday morning is pretty basic.
Brendan Sorsby of the Cincinnati Bearcats scrambles during the first half against the TCU Horned Frogs at Amon G. Carter Stadium in Fort Worth, Texas, on Nov. 29, 2025. (Ron Jenkins/Getty Images)
Texas Tech quarterback wants to be reinstated, but past gambling hampers
Sorsby wagered nearly $90,000 over the past four years on multiple sports, including Indiana football while he was on the team in 2022. In reality, it comes down to a player wagering on his own team, outside of other thousands of bets he placed on a variety of different sports.
And, if the NCAA had been made aware of this in previous years, we might not be in this spot today debating whether the organization is somehow at fault for the actions of Sorsby.
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"If we're talking about avoiding irreparable harm, he should not even have been playing these last few years," NCAA attorney Taylor Askew said in his remarks. "It begs the question as to whether had this been found out when he was a redshirt freshman in Indiana, whether a lawsuit like this would have ever been filed, or if this is in response to the fact that he has a meteoric rise and he is a great football player."
As OutKick reported, Sorsby admitted to the NCAA through "Stipulated Facts" that he placed bets on Indiana basketball, as well as Cincinnati basketball, while he was attending each school. While playing for the Hoosiers, Sorsby has admitted to placing nearly 2,900 bets for over $30,000 on a variety of different sports.
Would Brendan Sorsby's argument hold up in court?
But, the main reason why the NCAA ruled the quarterback ineligible centered around his gambling on the team he was part of. In essence, this is a simple case of right versus wrong, and whether the NCAA has considered the "mental health" disorder of addiction in its review of the facts.
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"He had no intent to do anything corrupt the integrity of the sport," attorney Jeffrey Kessler argued for Sorsby, while also noting that him not being able to play football would impede the process of his recovery from gambling addiction.
Brendan Sorsby of the Cincinnati Bearcats walks off the field after the team defeated the Baylor Bears 41-20 at Nippert Stadium in Cincinnati, Ohio, on Oct. 25, 2025. (Dylan Buell/Getty Images)
How did the NCAA respond to this verbiage, along with the assertion that Sorsby came forward with his addiction problems in hopes of getting better?
"Mr. Sorsby didn’t come forward. He got caught, and when he got caught, then he went to treatment and that's the first time you heard about this mental health concern," NCAA attorney Taylor Askew noted. "He was found out by law enforcement, and that's what triggered this."
Essentially, Brendan Sorsby was arguing that the NCAA faced zero irreparable harm by allowing him to play, while also trying to persuade the judge to agree that the organization failed the quarterback with this penalty, and not supporting him through this process.
At the same time, Kessler argued that Sorsby entering treatment was not a "ruse" so that he could get back on the field, while at the same time winning in the court of public opinion.
This was not argued in the court of public opinion, but timing is important
But, the problem for the plaintiffs was that their client did not enter a rehabilitation center until after the NCAA informed Texas Tech they were opening an investigation into the gambling of Sorsby. So, getting around the perceived timing of receiving help for the problems with addiction was going to be an uphill battle, no matter how much truth there was to it.
"There is no proof in the record that we did not consider Mr. Sorsby's mental status here," NCAA's Taylor Askew pointed out.
Jeffrey Kessler, attorney for the NFL Players Association, leaves NFL headquarters in New York City on June 23, 2015. Kessler was there regarding Tom Brady's appeal of a four-game suspension for the 2015 season related to deflated footballs used in games the previous season. (Andrew Burton/Getty Images)
So, Sorsby's legal team did its best to sway the court to side with them, based on the perceived lack of support from the NCAA, while arguing that they were not going to be harmed if the quarterback was granted an injunction that would allow him to play this season.
"There's no question of irreparable injury here," Jeffrey Kessler argued during his final statements. "Counsel said he's not hurt, he can go to the NFL. With all due respect, playing in college and for a national championship, is not the same experience as the NFL. You cannot duplicate that experience."
In reality, which I don't know if some in college athletics are living in, one cannot place bets for or against his own team, while on the roster. More importantly, NCAA rules prohibit athletes from gambling on sports that have a championship game tied to it.
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Brendan Sorsby did all the above, and no one is trying to diminish his battle with addiction. But, rules are rules. And the quarterback broke them while at multiple schools.
I will never doubt attorney Jeffrey Kessler, though.
Now, the fate of Brendan Sorsby is in the hands of a retired Lubbock judge.
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