Tuesday, October 13, 2026
  • -
    days
  • -
    hours
  • -
    minutes
  • -
    seconds

NCAA, Power 5 Conferences Challenge Latest Ruling in House NIL Case

  • The NCAA and Power 5 conferences are appealing a decision in an NIL case that puts them on the hook for $4 billion in damages.
  • The filing is an attempt to preserve amateurism and avoid lethal financial consequences.
The NCAA and Power 5 conferences filed an appeal of a ruling in the House v. NCAA NIL case.
Tommy Gilligan-USA TODAY Sports

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

Earlier this month, a district court judge certified three damage classes in the House v. NCAA case — putting the NCAA on the hook for $4 billion or more in damages.

Now, the governing body and Power 5 conferences are using a rare type of mid-case appeal with the Ninth Circuit, called an interlocutory appeal. 

The filing is not only an attempt to preserve the NCAA’s current amateurism model, but also to save the NCAA and conferences from suffering dire financial consequences. The nonprofit entities could, effectively, go bankrupt.

The appeal was filed on Nov. 17, and appeared in online federal court records on Monday.

House v. NCAA, a federal antitrust lawsuit filed in 2020 in California, is seeking damages for some athletes who played before NIL rules were enacted. It also argues that NIL should include broadcast deals, game promotions, and school apparel contracts — and that conferences and schools should share these revenues.

In early Nov., judge Claudia Wilken (who has presided over other athlete compensation cases NCAA v. Alston and O’Bannon v. NCAA) authorized three separate damage classes of former and current athletes. 

The NCAA and Power 5 conferences argued that the ruling was made based on erroneous assumptions about NIL, according to court documents. They also argued that, if they lost the case, the “consequences” of having to pay these damages would be “staggering.”

The ruling “would divert billions of dollars away from college athletic programs and academic opportunities at a time when such funding is sorely needed, necessitating the elimination of scholarships and entire teams at most institutions, and threatening gender balance in such programs,” the entities said in court documents. 

As a result, the NCAA and conferences said they would be forced to consider a settlement rather than trying their luck at trial.

The case, which was already set to take more than a year to reach a trial, will now be delayed even further as the Ninth Circuit considers whether to review and consider the appeal. If the Ninth Circuit does consider the appeal, it will either be returned to the District Court with a new ruling or be appealed again to the Supreme Court. 

The NCAA has taken a similar route with this slow process in the Third Circuit, which is considering a question about whether some athletes should be considered employees. A hearing took place in the spring, but a decision has not been issued.

A trial in the House case is set for 2025, though Wilkinson said during a previous hearing that she could try to get the date moved forward.

Download the FOS App

The business of sports, in your pocket.

QR code to download the app

Scan the QR code to get the app now.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Sep 27, 2026; Denver, Colorado, USA; NBC broadcast analyst Mike Tomlin before the game between Los Angeles Rams and Denver Broncos at Empower Field at Mile High. Mandatory Credit: Ron Chenoy-Imagn Images
Opinion

The Tomlin Effect? NFL Analysts More Blunt Than Ever

Rex Ryan is the latest ex-coach to break from the fraternity.

Dodgers’ Payroll Bigger Than Rest of MLB Final Four Combined

The LCS round highlights a revenue and spending imbalance.
podcast thumbnail mobile
Front Office Sports Today

10/13/26 – Quinn On Hot Seat, Dream’s Arena Crunch, $14M Jordan Jersey

0:00

Featured Today

Oct 5, 2026; Pittsburgh, Pennsylvania, USA; Pittsburgh Penguins general manager Kyle Dubas arrives at the arena before the Penguins host the Winnipeg Jets at PPG Paints Arena

NHL’s New Wave of GMs Is Built Different

“I am in the prediction business,” Devils GM Sunny Mehta tells FOS.
Action Images/Peter Cziborra
October 9, 2026

Is Leicester City’s $264 Million Price Tag Too Rich for Hungry Investors?

After falling from grace, how much is a former top club worth?
Oct 3, 2026; Starkville, Mississippi, USA; Alabama Crimson Tide head coach Kalen DeBoer waits to run onto the field prior to the game against the Mississippi State Bulldogs at Davis Wade Stadium at Scott Field. Mandatory Credit: Petre Thomas-Imagn Images
October 7, 2026

Who Is Alabama Football in Year 3 Under Kalen DeBoer?

The No. 6 Crimson Tide host No. 2 Georgia on Saturday.
Cubs behind the scenes
October 6, 2026

Hollywood and TikTok: Sports Media’s New ‘Blueprint’

Teams and leagues are pouring money into the quest for fans.
October 2, 2026

How the Baseball Cap Became a ‘Behemoth’

The hat has become essential for athletes, fans, and the sports-agnostic.
Dec 20, 2025; Eugene, OR, USA; James Madison Dukes quarterback Alonza Barnett III (14) rushes during the fourth quarter against the Oregon Ducks at Autzen Stadium

James Madison Joins the American Before Sun Belt Exit Fees Rise

JMU’s move beats a pending vote on higher Sun Belt exit fees.
October 10, 2026

Belichick, UNC Score Biggest Win Yet After Rocky Offseason

Belichick’s revamped UNC roster is beginning to show signs of progress.
October 12, 2026

Kentucky Will Pay LSU $500K SEC Field-Storming Fine

The SEC changed its fine policy ahead of the 2025 football season.
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.
Marina Williams-Walter Cronkite Sports Network
October 10, 2026

ASU Hockey Home Opener Marred by Player Collapse Fallout

ASU’s hockey home opener featured more absences amid an ongoing investigation.
October 9, 2026

Georgia-Alabama Braces for Hurricane, Trump Won’t Attend

Alabama banned tailgating and all outdoor activities on campus before noon.
Mar 29, 2026; New Orleans, Louisiana, USA; LSU Tigers mens basketball head coach Will Wade looks on against the Houston Rockets during the first half at Smoothie King Center. Mandatory Credit: Stephen Lew-Imagn Images
October 9, 2026

LSU Finally Reveals 10-Player Roster in Will Wade’s Exhibition Return

The game offered a glimpse into which LSU players are eligible.
Oregon head coach Dan Lanning talks to Oregon quarterback Dylan Raiola on the sideline as the Oregon Ducks face the Oklahoma State Cowboys on Sept. 12, 2026, at Boone Pickens Stadium in Stillwater, Oklahoma.
October 9, 2026

How Oregon Beat College Football’s ‘Impossible’ Backup QB Market

Dylan Raiola will get the first start of his Oregon career on Saturday.