Saturday, September 12, 2026
  • -
    days
  • -
    hours
  • -
    minutes
  • -
    seconds

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a “grandfathering” clause to help athletes who received roster spots before the settlement’s approval that would be rescinded under the settlement.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

Tennis - U.S. Open - Flushing Meadows, New York, United States - September 9, 2026 Spain's Carlos Alcaraz fells during his quarter-final match against Ben Shelton of the U.S. REUTERS/Eduardo Munoz

No Quick Fixes Coming for US Open’s Late Nights

While Wimbledon has a curfew, the other three majors don’t want one.

Revamped McAfee Kicking Contest Pays First Winner $1.2M

The contest has entered its fourth season on College GameDay.
Sep 11, 2026; Lawrence, Kansas, USA; Missouri Tigers head coach Eli Drinkwitz on the sidelines against the Kansas Jayhawks during the second half of the game at David Booth Kansas Memorial Stadium

Missouri Coach Blasts Kansas for ‘Bullcrap’ Rivalry Video

After a controversial X post, Missouri beat Kansas 38–21 in Lawrence.
First at FOS

Deion Sanders, Nick Saban Weren’t Paid for Ads Lobbying Congress

The pair participated to promote the Protect College Sports Act.
podcast thumbnail mobile
Front Office Sports Today

A Conversation with NFL RedZone Host Scott Hanson on Season 18, Ads and the ESPN Merger

0:00

Featured Today

Oct 4, 2025; Tempe, AZ, USA; General action during the first period of the game between the Arizona State Sun Devils and the Penn State Nittany Lions at Mullett Arena

How Military-Style Workouts in College Sports Get Dangerous

For elite athletes, high-intensity training can be “very appealing.”
September 6, 2026

Is Carolyn Tisch Blodgett the Future Face of Giants Ownership?

Amid changes at top of Giants ownership, eyes are on Tisch Blodgett.
September 4, 2026

Wild Transfer Window Shows How Premier League Towers Over Soccer

Spending in England vastly outstripped the rest of Europe.
September 3, 2026

Teams Are Spending Millions to Build Luxury Locker Rooms

It’s a recruiting pitch, a retention tool, and a seven-figure line item.
September 1, 2026

High School Football Sidelines Are Clogged With Content Creators

Administrators call these amateur newcomers the “pajama paparazzi.”
Sep 10, 2026; Miami Gardens, Florida, USA; Miami Hurricanes running back Javian Mallory (21) carries the ball while defended by Florida A&M Rattlers defensive back Andre Powell Jr. (7) in the third quarter at Hard Rock Stadium. Mandatory Credit: Sam Navarro-Imagn Images

Florida A&M Made $760K to Lose by 70 Points to Miami

Miami led the game 77–0 before a shortened fourth quarter.
September 10, 2026

SEC-LSU Cold War Thaws, but LSU Could Still Face Sanctions

The SEC had been scheduled to vote on LSU’s expulsion.
Nov 8, 2025; Starkville, Mississippi, USA; Georgia Bulldogs head coach Kirby Smart looks on before the game against the Mississippi State Bulldogs at Davis Wade Stadium at Scott Field. Mandatory Credit: Wesley Hale-Imagn Images
September 11, 2026

NIL Got Kirby Smart to Give In on All-White Uniforms

Georgia will debut the look vs. Western Kentucky on Saturday.
Sponsored

Drew Weatherford’s Bet on the Youth Sports Economy

Drew Weatherford discusses investing across the youth, college and professional levels.
September 10, 2026

Player Who Left LSU Over Russian Teammate Gets Transfer Waiver

Kate Koval is now in the transfer portal.
September 9, 2026

Where Do Dae’Quan Wright and Zxavian Harris Go Now?

The pair may be in football limbo.
September 8, 2026

LSU Will Not Roster Former NFL Players Wright, Harris

It’s unclear if de-escalation will be enough to end the litigation altogether.
September 8, 2026

MAC Asks NCAA, CFP to Overturn Western Michigan Loss

The conference had previously implied that it accepted the game’s outcome.