Wednesday, July 22, 2026

Judge Says Issues Still Remain With $2.8B House Settlement

The judge didn’t issue a decision on whether to approve the House v. NCAA settlement—but gave lawyers suggestions for what to fix.

Mar 26, 2025; Newark, NJ, USA; An NCAA Wilson official game ball passes thorough a basket in front of an Brigham Young Cougars logo during a practice sessions in preparation for an East Regional semifinal games at Prudential Center
Vincent Carchietta/Imagn Images

After an hourslong hearing in Oakland, Northern District of California judge Claudia Wilken declined to approve the House v. NCAA settlement—a combination of three cases which would, among other things, allow players to get paid by schools for the first time in history—as it is currently written.

She ordered lawyers to amend language in the settlement that binds future athletes not currently represented or in college to its terms, without a chance to challenge them (as the system the settlement sets up continues for at least 10 years). She also indicated she wants changes to parts of the settlement related to roster limits, suggesting a “grandfathering” clause to help athletes who received roster spots before the settlement’s approval that would be rescinded under the settlement. 

Lawyers will get back to Wilken in one week about whether they think they can amend the settlement to her liking. “Maybe some [issues] you can fix, maybe some you can’t but you can give a better explanation,” she said. “Basically, I think it is a good settlement. Don’t quote me.”

(Wilken did this same thing for the early approval process for the settlement back in the fall, but ultimately gave it preliminary approval.)

The settlement would offer $2.8 billion in back-damages to athletes who didn’t get to earn NIL (name, image, and likeness) dollars before the NCAA changed its rules in 2021. It would also allow all Division I schools to share revenue with all players in an athletic department up to a cap that would begin at $20.5 million, and continue for 10 years. The settlement would impose new limits, too, allowing the NCAA to block NIL deals offered by collectives that could be “pay for play,” and imposing roster limits.

Wilken’s main concern was about locking future college athletes into a settlement before they’re even old enough to be recruited, given that the settlement would create a revenue-sharing system and roster/NIL limits for the next 10 years. 

“Can you have a class of future people who aren’t known yet?” Wilken asked one of the lawyers. “Can they be understood to release claims for things that haven’t happened yet? … I’m more interested in the problem of future class members and future claims. They can’t get notice. They can’t object before [the settlement is] approved. What about that?” She called them “iconic 10-year-olds on the asphalt.” 

Michael Hausfeld, the lead attorney in the O’Bannon case over NIL rights who was presenting an objection, said: “I am very concerned about the rights of those yet to be inducted into the college sport arena.” Attorney Andrew Ellis, who represented objectors, said: “The way to remedy it is through separate counsel that is solely devoted to their interests.”  

In response to these concerns, plaintiff attorney Jeff Kessler said that there’s a mechanism in the settlement to revisit the terms annually, which would theoretically allow concerns of future athletes to be considered. “We’re very comfortable with this process,” he said.

Another issue Wilken considered: that the settlement imposes roster limits as a way to control the sports environment after taking away caps on how many scholarships teams can offer. Dozens of athletes, parents, and industry experts have objected to the roster-limit impositions, saying they’ve already lost roster opportunities because schools have rescinded their offers in preparation for the settlement’s implementation. “The written objections are just a fraction of the reality,” Utah swimmer Gannon Flynn said of the breadth of the issue.

Wilken appeared inclined to provide a solution: allow schools to keep the roster spots they’ve already extended to players before the settlement’s approval, and then impose the roster limits for the future. 

LSU gymnast Livvy Dunne, considered one of the most successful beneficiaries of NIL,  appeared over Zoom to criticize the damage claims specifically. “This settlement doesn’t come close to recognizing the value I lost,” she said.

But Judge Wilken has said multiple times, including in this hearing, that she wouldn’t consider gender equity issues as a Title IX case could be brought separately. She’s already made lawyers include a clause in the settlement making it clear that the settlement doesn’t protect the NCAA, conferences, or schools from gender-equity lawsuits in the future. Plus, she said later in the hearing: “The method used to calculate lost NIL opportunities seemed reasonable.”

Ultimately, this and other issues like athlete employment questions aren’t the legal issues that are being adjudicated by the settlement. Collective bargaining “may be a great idea… that just isn’t part of this case,” she said. “Same goes for the minimum wage claim or the fair labor standards claim.”

The only issue at hand: antitrust.

This field is for validation purposes and should be left unchanged.

Sign up for
The Memo Newsletter

Get the biggest stories and best analysis on the business of sports delivered to your inbox twice every weekday and twice on weekends.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Will Mexican Soccer Ever Return to Promotion and Relegation?

Arturo Lomeli, owner of a Liga MX second-tier team, wants reforms.

World Cup Final Averaged More Than 66 Million Viewers

The final posted the largest U.S. television audience since the Super Bowl.

Caitlin Clark, Sabrina Ionescu Skipping WNBA 3-Point Contest

Only two 2026 WNBA All-Stars are participating.
Feb 13, 2026; Inglewood, California, USA; NBC Peacock play-by-play announcer Noah Eagle during an NBA All Star Rising Stars game at Intuit Dome. Mandatory Credit: Kirby Lee-Imagn Images
Exclusive

Noah Eagle Expected to Call Netflix NFL Australia Game

The Sept. 10 matchup will feature the Rams and 49ers.
podcast thumbnail mobile
Front Office Sports Today

7/22/26 – World Cup Final Ratings, ESPN Layoffs, LeBron Waits, WFAN to SiriusXM

0:00

Featured Today

Tom's Watch Bar

Sports Bars Are Cashing In From Summer of Soccer

The World Cup has brought a windfall to America’s biggest sports bars.
Jun 16, 2026; East Rutherford, New Jersey, USA; France forward Michael Olise (11) controls the ball against Senegal during a Group I match of the 2026 FIFA World Cup at New York New Jersey Stadium
July 16, 2026

Where World Cup Stars Go to Customize Their Cleats

The world’s best players turn to a Scottish craftsman for perfect cleats.
July 10, 2026

What the World Cup Means to Erling Haaland’s Tiny Hometown

The tournament’s breakout star is from a rural Norwegian town.
July 10, 2026

Why So Many Media Outlets Are Rushing Into Sports

Sports coverage has ballooned in every corner of media.
Pillow Fight Championship
July 8, 2026

How Obscure Sports Get Mainstream TV Deals

For niche sports, getting on TV often matters more than getting paid.
Josh Pate

Josh Pate on Trump Interview Fallout: ‘It’s the President Asking’

Pate knew his interview with the president would be polarizing.
Oct 11, 2025; Los Angeles, California, USA; Michigan Wolverines head coach Sherrone Moore in the second half against the USC Trojans at United Airlines Field at the Los Angeles Memorial Coliseum.
July 20, 2026

Michigan Athletics Investigation of Moore Affair Finds ‘Poor Oversight’

But misconduct was not “widespread throughout the department.”
Mar 20, 2026; Philadelphia, PA, USA; UCLA Bruins guard Donovan Dent (2) dribbles the ball against the UCF Knights in the first half during a first round game of the men's 2026 NCAA Tournament at Xfinity Mobile Arena
July 21, 2026

New NCAA Eligibility Policy Hasn’t Slowed Lawsuits—It’s Triggered More

“I’m getting five emails per minute from 9 a.m. to 5 p.m.”
Sponsored

Inside the EY 2026 Sports Engagement Index: The Real Map of American Sports Participation

EY’s latest index explores how shifting U.S. fan behaviors are expanding the definition of sports engagement.
Michigan athletic director Warde Manuel watches warmups from the field before school's game against Ohio State at Ohio Stadium in Columbus.
July 20, 2026

Warde Manuel to Step Down as Michigan AD

The school announced Warde Manuel is stepping down at the end of the calendar year.
Michigan athletic director Warde Manuel speaks before the Frozen Four semifinals at T-Mobile Arena in Las Vegas on Thursday, April 9, 2026
July 15, 2026

Michigan Leaders Received Reports of Moore’s Affair

Former Michigan football coach Sherrone Moore was fired last December.
May 4, 2017; Columbus, OH, USA; The BYU Cougars against the Long Beach State 49ers at St. John Arena. Mandatory Credit: Joe Maiorana-USA TODAY Sports
July 13, 2026

Why Stephen F. Austin Volleyball Players Are Suing Their School

Both players were cut from the team following the 2025–26 season.
Michigan athletic director Warde Manuel, left, sits and laughs alongside head coach Dusty May and Yaxel Lendeborg during a celebration honoring the team’s NCAA men’s basketball national championship at Crisler Center in Ann Arbor on Saturday, April 11, 2026.
July 13, 2026

Michigan AD’s Position in Question As Investigation Findings Loom

The program has been marred by multiple scandals.