Tuesday, September 29, 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

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

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a “grandfathering” clause to help athletes who received roster spots before the settlement’s approval that would be rescinded under the settlement.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

NFL Brazil Game Nabs Record Audience

CBS said that the game averaged 24.9 million viewers.
AZ state flag

Arizona Lawmakers Join ASU Hockey Players in Call for Outside Review

An independent inquiry has not yet been commissioned by Arizona State.

WAG Culture Is Coming for College Campuses

Word of mouth among WAGs is proving lucrative for one makeup artist.

Premier League Says Manchester City Guilty of All Serious Charges

The league confirmed its findings in a statement Tuesday.
podcast thumbnail mobile
Front Office Sports Today

9/29/26 – Giants Land McCarthy, MLB Wild Card Begins, LeBron’s Knicks Dream

0:00

Featured Today

Morishita-Sato-homerun-celebration-at-Meiji-Jingu-Baseball-Staidum-2025

Japanese Baseball Is Fighting Back Against MLB Talent Drain

Nippon Professional Baseball is reimagining how to be a global juggernaut.
Aug 9, 2026; Bedminster, New Jersey, USA; President Donald Trump walks out of the clubhouse during the final round of the LIV Golf New York tournament at Trump National Bedminster.
September 25, 2026

Trump’s Year of Sports Gets Busier With CFB, Presidents Cup

The impact of Trump’s attendance varies across each sporting event.
A Bar of Their Own
September 25, 2026

Women’s Sports Bars: Novelty Has Worn Off, ‘That’s a Good Thing’

They’re leveling up, but sustainability remains the first consideration.
Hot & Social/Mets
September 18, 2026

Sports Teams Are Playing a New Role: Matchmaker

The latest promotion at the stadium? Love.
Exclusive
September 18, 2026

Vicious Infighting Is Jeopardizing the Future of Women’s Baseball

The WPBL’s own CEO admits there’s a “power struggle.”
Apr 24, 2026; Salt Lake City, Utah, USA; Utah Mammoth owner Ryan Smith speaks to the media before game three of the first round of the 2026 Stanley Cup Playoffs between the Utah Mammoth and the Vegas Golden Knights at Delta Center.

Ryan Smith Says BYU Will Get Windfall When He Dies

“The roster is deep,” he said. “It’s not just me.”
September 27, 2026

SEC’s Big-Money Rosters Shake Up College Football Rankings

The top two slots remained unchanged.
October 14, 2022; Tempe, Ariz; USA; ASU mascot Sparky during a ribbon cutting ceremony at Mullett Arena. Ncaa Hockey Asu Hockey Opening Night At Mullett Arena Colgate At Asu
September 28, 2026

ASU Men’s Hockey Players Dispute School’s Account of Athlete’s Collapse

Seven players requested the coaching staff be put on administrative leave.
Sponsored

Beyond the Scorecard: How Dow Is Putting Purpose at the Center of Women’s Golf

Discover how Dow and the LPGA are building a partnership with lasting impact.
September 26, 2026

Illegal Hit on Oregon QB Moore Puts NCAA Targeting Rules Into Focus

Moore was hit in the head and neck while sliding.
September 26, 2026

ESPN Suffers Technical Troubles During Trump Visit

There was pregame chatter about whether presidential visits affect team communications.
September 25, 2026

The Biggest Question for LSU Men’s Basketball: Who Is on the Team?

Will Wade said LSU has 15 players but won’t release a list.
Jan 19, 2026; Miami Gardens, FL, USA; United States President Donald Trump (left) and Ivanka Trump (right) before the College Football Playoff National Championship game at Hard Rock Stadium. Mandatory Credit: Mark J. Rebilas-Imagn Images
September 25, 2026

White House Denies Trump Movements Impacted CFP Game

The topic has been widely discussed ahead of Texas-Tennessee.