Tuesday, November 10, 2026

NCAA, Power 5 Conferences Challenge Latest Ruling in House NIL Case

  • The NCAA and Power 5 conferences are appealing a decision in an NIL case that puts them on the hook for $4 billion in damages.
  • The filing is an attempt to preserve amateurism and avoid lethal financial consequences.
The NCAA and Power 5 conferences filed an appeal of a ruling in the House v. NCAA NIL case.
Tommy Gilligan-USA TODAY Sports

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

Earlier this month, a district court judge certified three damage classes in the House v. NCAA case — putting the NCAA on the hook for $4 billion or more in damages.

Now, the governing body and Power 5 conferences are using a rare type of mid-case appeal with the Ninth Circuit, called an interlocutory appeal. 

The filing is not only an attempt to preserve the NCAA’s current amateurism model, but also to save the NCAA and conferences from suffering dire financial consequences. The nonprofit entities could, effectively, go bankrupt.

The appeal was filed on Nov. 17, and appeared in online federal court records on Monday.

House v. NCAA, a federal antitrust lawsuit filed in 2020 in California, is seeking damages for some athletes who played before NIL rules were enacted. It also argues that NIL should include broadcast deals, game promotions, and school apparel contracts — and that conferences and schools should share these revenues.

In early Nov., judge Claudia Wilken (who has presided over other athlete compensation cases NCAA v. Alston and O’Bannon v. NCAA) authorized three separate damage classes of former and current athletes. 

The NCAA and Power 5 conferences argued that the ruling was made based on erroneous assumptions about NIL, according to court documents. They also argued that, if they lost the case, the “consequences” of having to pay these damages would be “staggering.”

The ruling “would divert billions of dollars away from college athletic programs and academic opportunities at a time when such funding is sorely needed, necessitating the elimination of scholarships and entire teams at most institutions, and threatening gender balance in such programs,” the entities said in court documents. 

As a result, the NCAA and conferences said they would be forced to consider a settlement rather than trying their luck at trial.

The case, which was already set to take more than a year to reach a trial, will now be delayed even further as the Ninth Circuit considers whether to review and consider the appeal. If the Ninth Circuit does consider the appeal, it will either be returned to the District Court with a new ruling or be appealed again to the Supreme Court. 

The NCAA has taken a similar route with this slow process in the Third Circuit, which is considering a question about whether some athletes should be considered employees. A hearing took place in the spring, but a decision has not been issued.

A trial in the House case is set for 2025, though Wilkinson said during a previous hearing that she could try to get the date moved forward.

Download the FOS App

The business of sports, in your pocket.

QR code to download the app

Scan the QR code to get the app now.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

podcast thumbnail mobile
Front Office Sports Today

11/10/26 – NFL Trade Deadline Day, Russini Speaks, CFP Doubles to 24

0:00

Featured Today

Can MLS Capitalize on Son-Mania?

Korea and Tottenham fans alike have flocked to LAFC’s away matches.
Pickering High School North
November 4, 2026

High School Athletic Directors Say They’re Running ‘Mini Colleges’

ADs are managing a growing list of demands from athletes and parents.
October 30, 2026

How Injuries Hit Pro Marathoners in the Wallet

Staying healthy can get expensive—quickly.
Football - NFL - Houston Texans v Jacksonville Jaguars - Wembley Stadium, London, Britain - October 18, 2026 The necklace of a Jacksonville Jaguars fan outside the stadium before the match
October 21, 2026

Die-Hard Sports Fandom Has Reached the Afterlife

Will fans pay $6,000 to memorialize their team loyalty?
October 20, 2026

Why Europe Is Pumping Out NBA Superstars

The NBA and NCAA have an increasingly European flavor.
Jan 1, 2025; Pasadena, CA, USA; Helmets at the line of scrimmage as Oregon Ducks long snapper Luke Basso (43) snaps the ball against the Ohio State Buckeyes during a CFP Quarterfinal at Rose Bowl Stadium. Mandatory Credit: Kirby Lee-Imagn Images
November 6, 2026

Big Ten’s $49M NIL Cap Looms Over Ohio State–Oregon Matchup

Ohio State and Oregon each have estimated $50 million rosters this season.
November 8, 2026

Philip Rivers Expected To Be Hired as NC State Coach

Rivers played in the NFL last year and was coaching high school.
Sponsored

How Jeremy Bloom Is Reinventing the X Games

Jeremy Bloom discusses transforming the X Games into a global brand.
Dec 15, 2025; Cary, NC, USA; Washington Huskies goalkeeper Jadon Bowton (1) holds up the National Championship trophy after the Huskies win the championship in overtime at First Horizon Stadium
November 6, 2026

Colleges Overwhelmingly Oppose Men’s Soccer Calendar Change

Enough schools voted against the fall-to-spring calendar to block the NCAA’s proposal.
November 5, 2026

Miami’s High-Priced QB Loses Top Target Before Notre Dame Clash

Mensah leads college football in multiple passing categories.
November 5, 2026

Cody Campbell’s Texas Tech Board Seat in Jeopardy After Elections

Gov.-elect Gina Hinojosa could replace Texas university board members.
Apr 12, 2014; Tallahassee, FL, USA; The Florida State Seminoles logo before the start of the spring game at Doak Campbell Stadium. Mandatory Credit: Melina Vastola-USA TODAY Sports
November 4, 2026

Florida State’s Coach Search Puts Roster Budget in Focus

Portal planning is already underway ahead of the Jan. 4 window.