You can't copyright a last name so EA is free to use them. 'McCray' has been a last name in the game for years. The game has a bank of the most common last names in audio form so that the commentators can speak them. When each high school season starts, it assigns each player a first and last name randomly (one of the reasons the load time is so long; it's assigning names to hundreds of players). If you create a player with the last name of McCray, Nessler will speak his name. If you use a name not in the bank, Nessler might refer to him by his number or just call him 'he.'
Same thing with the names of high schools, the game has a bank of several cities in each state and when the season starts, since EA doesn't have time to research or license all of the high schools in the US, it assigns a random city name to each opposing high school. So, you won't see Plant HS or Armwood HS, but instead Tampa HS, Spring Hill HS, etc.
The reason EA is being sued is for using NCAA players images without licensing them. The HS kids are randomly generated by the computer so they don't correspond to anyone in particular. However, each college roster is deliberately hand programmed with the corresponding real life players number, position, build, skin tone, equipment, and relative skill level. The only thing they don't put in is the players name which is what EA argues keeps them from having to license their appearance.