O’Melveny Files Second Amended Complaint on Behalf of Boise State, Colorado State, and Utah State in Lawsuit Against Mountain West Conference
August 7, 2025
FOR IMMEDIATE RELEASE
LOS ANGELES—August 7, 2025—O’Melveny has filed a second amended complaint today in Colorado state court against the Mountain West Conference on behalf of Boise State University, Colorado State University, and Utah State University.
The second amended complaint, available online here, further advances the universities’ lawsuit against the Mountain West Conference, which O’Melveny initially filed on behalf of the universities in December 2024.
Boise State University, Colorado State University, and Utah State University have issued the following joint statement regarding the second amended complaint:
“For the past several months, Colorado State University, Boise State University, and Utah State University worked in good faith to try to resolve this matter. Unfortunately during that same period, actions taken by the Mountain West and Commissioner Nevarez have raised serious concerns regarding their fairness and transparency.
As set forth in the Second Amended Complaint that was filed today, the Mountain West and Commissioner Nevarez repeatedly misrepresented their intentions regarding the admission of Grand Canyon University for the 2025/26 season and purposefully delayed any formal vote on the issue until after the departing schools delivered their Notices of Resignation from the Conference.
Additionally, the Mountain West is currently withholding millions due to the departing schools from the NCAA, including NCAA grant-in-aid and other monies specifically designed to promote academic programs and student-athlete well-being. The Conference is also seeking to double the departing schools’ membership fees for 2025/26 to fund ongoing litigation, including its defense of this lawsuit brought by the departing members, and has not reimbursed the departing members for substantial post-season football expenses. Tens of millions of dollars in distributions due to the departing members remain unpaid, as well.
These developments have had a serious financial impact on the departing institutions and raise important questions about governance and accountability within the Conference. We believe the discovery process will further illuminate the extent of the Mountain West and Commissioner Nevarez’s wrongful actions. We remain committed to protecting our rights and, most importantly, the interests of our student-athletes.”
The O’Melveny team representing Boise State, Colorado State, and Utah State is led by partner Steve Olson, co-chair of the firm’s Litigation Department; partner Matt Cowan, co-head of the firm’s Colleges & Universities Group; and Entertainment, Sports & Media litigation partner Tim Heafner.
O’Melveny has extensive experience in collegiate conference realignment matters and has previously advised Stanford University and UCLA on their recent conference moves.
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Contact:
Brandon Jacobsen
O’Melveny & Myers LLP
+1 213 430 8024
bjacobsen@omm.com
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