• Loading stock data...
Monday, January 5, 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a “grandfathering” clause to help athletes who received roster spots before the settlement’s approval that would be rescinded under the settlement.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.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

NFL Black Monday Starts Early: Falcons Fire Head Coach and GM

Team owner Arthur Blank said results “have not met our expectations.”

U.S. Action in Venezuela Disrupts Pro League, MLB Players, and WBC Plans

The country’s pro baseball league briefly suspends play.

Trump Got More Involved in Golf in 2025 Than Ever Before

The president increased his influence on the sport in the past year.
Dec 30, 2025; Los Angeles, California, USA; Los Angeles Lakers guard Luka Doncic (77) reacts after scoring a basket against the Detroit Pistons during the second half at Crypto.com Arena

Why Pro Sports Team Valuations Will Keep Climbing in 2026

Asset scarcity and increasing media-rights deals underpin soaring valuations.

Featured Today

Imagn Images/Front Office Sports

FOS Crystal Ball: Predictions for the Business of Sports in 2026

Here’s what FOS journalists think could be on the horizon.
Heated Rivalry (L to R) - Connor Storrie as Ilya Rozanov and Hudson Williams as Shane Hollander in Episode 104 of Heated Rivalry. Cr. Sabrina Lantos © 2025
December 24, 2025

Hockey Needed Some Virality. Then Came ‘Heated Rivalry’

No one was prepared for the Canadian show’s smash success.
Rob Manfred
exclusive
December 23, 2025

MLB Teams Fear League Will Pick Winners and Losers in Tech

One company under consideration was founded by a top MLB exec’s uncle.
December 23, 2025

What It Takes to Pull Off Florida’s First Outdoor NHL Game

The Rangers will face the Panthers in Miami’s first NHL Winter Classic.

As Ole Miss Advances in CFP, Kiffin Collects Bonuses—and Its Staff

Several assistant coaches are now expected to stay with LSU.
Dec 13, 2025; Inglewood, CA, USA; Boise State Broncos punter Oscar Doyle (37), long snapper Mason Hutton (42) and place kicker Canaan Moore (48) on the bench prior to the LA Bowl Game against the Washington Huskies at SoFi Stadium.
January 2, 2026

The Pac-12 Comes Back in 2026

The league was decimated in 2023 during a vicious round of realignment.
Jan 1, 2026; Pasadena, CA, USA; Indiana Hoosiers head coach Curt Cignetti looks on before the 2026 Rose Bowl and quarterfinal game of the College Football Playoff against the Alabama Crimson Tide at Rose Bowl Stadium. Mandatory Credit:
January 2, 2026

Cignetti Triggers ‘Good Faith Market Review’ With Rose Bowl Win

The blowout of Alabama will likely mean a $1 million raise.
Sponsored

The CFP Bowl Game Tickets Everyone Wants

The second 12-team College Football Playoff is in full swing and tickets to these games are selling at a premium.
Jan 1, 2026; Miami Gardens, FL, USA; Oregon Ducks head coach Dan Lanning and players on the podium to receive the champions trophy following the 2025 Orange Bowl and quarterfinal game of the College Football Playoff against the Texas Tech Red Raiders at Hard Rock Stadium.
January 2, 2026

Big Ten Widens CFP Gap in Expanded 12-Team Era

The conference has had four semifinals the past two seasons.
January 1, 2026

Lane Kiffin Earns $500K Bonus From Ole Miss Win Over Georgia

LSU is paying Kiffin’s full bonus structure from his Ole Miss contract.
January 1, 2026

Football Transfer Portal Chaos Continues Despite New Rules

The NCAA eliminated the spring portal window, leaving just one in January.
January 1, 2026

The Pac-12 Shrank to Pac-2. In 2026, It Returns With 9 Members

The league was decimated in 2023 during a vicious round of realignment.