• Loading stock data...
Monday, January 26, 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a “grandfathering” clause to help athletes who received roster spots before the settlement’s approval that would be rescinded under the settlement.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

Seahawks-Patriots Super Bowl Rematch Sets Stage for TV Milestone

The Seattle-New England matchup revives a classic from 11 years ago.

Winter Storm Forces Widespread Pro, College Game Postponements

Game postponements and cancellations continue to grow.

Athletes, Teams Speak Out Against Fatal ICE Shooting in Minnesota

Outcry grows across the sports world against the events in Minnesota.
Jan 18, 2026; Foxborough, MA, USA; New England Patriots quarterback Drake Maye (10) warms up before an AFC Divisional Round game against the Houston Texans at Gillette Stadiuum

Pats-Broncos Reignites an NFL Rivalry for New Generation of QBs

Young stars lead a revival of the once-classic AFC rivalry.

Featured Today

Tim Jenkins

How One NFL Pass Turned Into a Career on YouTube

Tim Jenkins missed the NFL. He took his football IQ to YouTube.
January 17, 2026

Sports Goes All In on Non-Alcoholic Drinks Boom

Athletes, teams, and leagues are pouring money into the NA beverage category.
Tulsa Portal House
January 16, 2026

Inside the Tulsa Portal House: ‘This Will Translate to Wins’

The Golden Hurricane set up an over-the-top battle station for football recruiting.
Black Rabbit
January 10, 2026

The Netflix Star Who Makes Sure NBA Players Have Clean Towels

How a Nets staffer landed a breakout role on “Black Rabbit.”

Judge Who Ruled Charles Bediako Eligible Is Six-Figure Alabama Booster

Bediako can play for Alabama on Saturday against Tennessee. 
Apr 7, 2024; Cleveland, OH, USA; NCAA president Charlie Baker looks on during halftime between the South Carolina Gamecocks and the Iowa Hawkeyes in the finals of the Final Four of the womens 2024 NCAA Tournament at Rocket Mortgage FieldHouse.
January 21, 2026

NCAA President Charlie Baker Is a Twitter Reply Guy

In between serious posts, Baker shares his favorite movies, athletes, and more.
Indiana Hoosiers quarterback Fernando Mendoza (15) rushes into the end zone for a touchdown Monday, Jan. 19, 2026, during the College Football Playoff National Championship college football game against the Miami (FL) Hurricanes at Hard Rock Stadium in Miami Gardens.
January 23, 2026

College Football Playoff Will Not Expand in 2026

Leaders were unable to agree on a new format by Friday’s deadline.
Sponsored

ESPN Edge Innovation Conference 2025: Inside the Technology Shaping the Future of..

At ESPN Edge Innovation Conference 2025, ESPN showcased how AI, immersive tech, and a rebuilt direct-to-consumer platform are redefining the future of sports media.
January 21, 2026

Judge Says Ex-Alabama Player Can Rejoin Team After 3 Years in Pros

The ruling could ultimately deal another blow to NCAA eligibility rules.
Billionaire Mark Cuban, an Indiana alum and NIL donor, with quarterback Fernando Mendoza after the Hoosiers won their first CFP national championship.
January 21, 2026

Mark Cuban Likes the College Sports Salary Cap: ‘It Protects Us’

In an FOS interview, Cuban likened the rules to the NBA cap.
Dec 6, 2025; Charlotte, NC, USA; Duke Blue Devils quarterback Darian Mensah (10) celebrates after the Blue Devils score a touchdown in overtime during the ACC Championship game at Bank of America Stadium.
January 20, 2026

Duke Sues Darian Mensah After QB Enters Portal

He announced his decision on the last day of the portal window.
Zheng
January 20, 2026

NCAA Rules Might Block Columbia Tennis Star From $150K at Australian Open

Zheng is set to graduate from Columbia in the spring.