There is certainly a case here, but it’s not for lost wages at the NFL level. Even if a jury were to award lost wages, there’s no way something that speculative would hold up on appeal. Not only would he have to prove he would have made it in the NFL (beyond just signing a rookie contract), but also how much he would have been paid and how long he would have played. There’s no way to establish that with any reasonable certainty.
But he has to go after the lost wages because Texas has a pretty severe cap on exemplary/punitive damages. If you prove the requisite fraud, malice or gross negligence, punitive damages are limited to the greater of $200,000, or two times economic damages + non-economic damages, but not to exceed $750,000.
But, I tend to agree with the others that think this would be really bad PR, especially from a recruiting standpoint. What kid–or better yet, what parent is going to be ok with their kid going to play for a man that treats his athletes this way? That’s why I think TCU will settle this with no admission of liability and a non-disclosure gag for Listenbee. We’ll see.
One more thing, I quickly skimmed the lawsuit and can’t figure out why he named the Big 12 conference. How in the world would they be responsible for any of this? He claims the conference lacked policies to protect the health of athletes, but I’m pretty sure that’s not the job of the conference.