The NCAA lost an appeal in a Kentucky court, allowing nearly 40 college athletes to remain eligible for a fifth year of play. The Kentucky Court of Appeals denied the NCAA's request for an emergency stay, affirming a lower court's temporary injunction. This decision permits athletes in sports like football and men's basketball to continue playing while the legal process unfolds.

Among those affected is LSU guard Skyy Clark, who transferred from UCLA. Clark is one of the athletes granted eligibility under the new age-based five-year eligibility model approved by the NCAA last June. The model allows athletes to play five seasons over five years. Clark initially filed a lawsuit in California but later joined a similar case in Jefferson County Circuit Court in Louisville, Kentucky. According to Tiger Rag, LSU coach Will Wade acknowledged the temporary nature of this eligibility, stating, "We have two that are temporarily eligible through the courts right now through different cases (Clark and Dent), and we’re certainly aware that those things can fluctuate and change."

The NCAA's appeal was also denied for Kentucky linebacker Alex Afari, who testified in a Louisville court for a fifth year of eligibility. Judge Sara Walter Combs denied the NCAA's request for emergency relief, allowing Afari to continue playing for Kentucky. On3 reports that Afari's case, along with others, will be reviewed by a full panel of three Kentucky Court of Appeals judges, with filings due by November 6.

The NCAA's ongoing legal battles over eligibility rules highlight the complexities of the new age-based model and the challenges it faces in court. The final ruling from the Kentucky Court of Appeals is still pending, and the athletes' eligibility remains subject to change as the legal process continues.

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