Thursday, May 28, 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a “grandfathering” clause to help athletes who received roster spots before the settlement’s approval that would be rescinded under the settlement.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

Apr 6, 2026; Arlington, Texas, USA; Seattle Mariners catcher Cal Raleigh (29) walks to the on deck circle during the game against the Texas Rangers at Globe Life Field

Yes, MLB Ballparks Are Louder Than Ever

Some stadiums sound like veritable nightclubs. How did we get here?

Big 12 Commish Already Eyeing Next Media Deal, Bigger Payday

The conference’s media deals with Fox and ESPN run through this decade.

Big 12 Coaches Back March Madness Expansion: Bigger Is Better

Next year’s tournament will expand from 68 to 76 teams.
Charles Robinson Yahoo Sports
exclusive

Yahoo Sports Lays Off Prominent NFL Reporters

Charles Robinson and Charles McDonald were among those let go.

Featured Today

May 24, 2026; Evanston, IL, USA; Northwestern Wildcats attack Kathryn Ratanaproeksa (13) shoots against the North Carolina Tar Heels during the first half at Martin Stadium

Can Women’s Lacrosse Buck the Trend in College Sports?

The sport is fighting to prove its worth in the revenue-sharing era.
May 22, 2026

Big Money on the Line on Premier League’s Final Day

Arsenal has won the title, but millions are still at stake.
Texas State mascot
May 22, 2026

Mascot-Reveal Videos Are the Newest College Sports Tradition

Student mascot unmasking videos are going mega-viral.
Charlie Pliner and Nikolas Rohrmann
May 22, 2026

How 2 Brown Undergrads Became Sports Dealmakers

An experimental project turned into a permanent course and business deal network.
Ted Cruz

Senators Introduce Long-Awaited Bipartisan College Sports Bill

The bill comes one week after the House canceled another vote on the SCORE Act.
Florida head coach Jon Sumrall speaks after spring practice at Sanders Practice Fields in Gainesville, FL on Tuesday, April 7, 2026. [Alan Youngblood/Gainesville Sun]
May 26, 2026

No Consensus Among SEC Coaches Over CFP Expansion

“I’m really more worried about the financial burden that we’re under right now.”
Texas Tech's Brendan Sorsby goes through warmups before the spring football game, Friday, April 17, 2026, at Jones AT&T Stadium.
May 27, 2026

NCAA Denial Sends Brendan Sorsby Eligibility Fight to Court

A hearing for Sorsby’s lawsuit is scheduled for June 1.
Sponsored

The Hidden Economy of Race Weekend

Learn more about the Vintage Flying Museum and how Spectrum Business is helping them achieve their business goals while fueling their dreams.
Dec 31, 2025; Orlando, FL, USA; Texas Longhorns quarterback Arch Manning (16) runs with the ball against the Michigan Wolverines during the first half at Camping World Stadium.
May 25, 2026

Sankey: No Decision on CFP Expansion Expected This Week

Sankey said the meeting was the most-anticipated of any in recent memory.
May 22, 2026

Southern Schools Silent on Proposed Black Athlete Boycott

The campaign asks Black athletes, fans to boycott several southern athletic departments.
Apr 11, 2026; Las Vegas, Nevada, United States; Wisconsin Badgers defenseman Joe Palodichuk (14) and Denver Pioneers forward Kyle Chyzowski (16) battle for control of the puck during the second period in the championship game of the NCAA men's ice hockey Frozen Four at T-Mobile Arena
May 22, 2026

Hockey Unites to Demand Change to NCAA ‘5-in-5’ Proposal

The sport doesn’t want to be “collateral damage” of the new rule.
Dec 21, 2024; Austin, Texas, USA; A view of the CFP logo and SEC logo before the game between the Texas Longhorns and the Clemson Tigers in the CFP National Playoff First Round at Darrell K Royal-Texas Memorial Stadium. Mandatory Credit: Jerome Miron-Imagn Images
May 21, 2026

SEC Holds Cards to 24-Team College Football Playoff

CFP expansion will be a major topic at the SEC spring meetings.