Tuesday, October 27, 2026

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

Brewers Fans Take Over Tampa for Game 3

Milwaukee fans are making their presence felt in Florida.

World Series Game 1 Gets Eye-Popping Local Ratings

Milwaukee generated the best local Game 1 audience in seven years.

WNBA Moves Finals Game to Midday to Play in NBA Arena

The series is tied at 2 entering Game 5 on Monday.
Aug 20, 2026; Westfield, Indiana, USA; Dustin Johnson tees off on hole four during the first round of the LIV Golf Indianapolis golf tournament at The Club at Chatham Hills.

LIV Golf Hangs On by a Thread As Clock Ticks on Future

A Sunday deadline for players to commit has passed.
podcast thumbnail mobile
Front Office Sports Today

10/27/26 – NBA Enters Prediction Markets, WNBA Finals Midday Move, LIV Hangs by a Thread

0:00

Featured Today

Football - NFL - Houston Texans v Jacksonville Jaguars - Wembley Stadium, London, Britain - October 18, 2026 The necklace of a Jacksonville Jaguars fan outside the stadium before the match

Die-Hard Sports Fandom Has Reached the Afterlife

Will fans pay $6,000 to memorialize their team loyalty?
October 20, 2026

Why Europe Is Pumping Out NBA Superstars

The NBA and NCAA have an increasingly European flavor.
October 15, 2026

College Flag Football Is Outgrowing Its DIY Era

Women have been building the college game themselves at the club level.
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
October 12, 2026

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?

CFB Coach Firings: NC State, Maryland, Baylor Owe More Than $30M

More costly coaching changes could follow as pressure mounts across college football.
October 23, 2026

Bowl Games Face Uncertain Future With a 24-Team CFP

College football bowl game viewership rose 13% year over year in 2025.
October 23, 2026

Utah Is College Football’s PE Guinea Pig—and Its’ Cashing In

No. 10 Utah hosts No. 14 Houston on Saturday night.
Sponsored

Blake Griffin’s Plan for Media Domination

The former NBA star is building a second act across media & entertainment.
Nov 22, 2025; Austin, Texas, USA; Texas Longhorns flag on the field after a touchdown is scored during the first half against the Arkansas Razorbacks at Darrell K Royal-Texas Memorial Stadium. Mandatory Credit: Scott Wachter-Imagn Images
October 23, 2026

Kirk Goldsberry Leads Texas’s AI Push and Understands the Skeptics

Goldsberry says the program will create jobs, not cut them.
Texas Tech's Brendan Sorsby looks on during the spring football game, Friday, April 17, 2026, at Jones AT&T Stadium.
October 22, 2026

Cincinnati’s $1M Sorsby Lawsuit Hangs Over Texas Tech Showdown

One of the biggest offseason storylines returns to the spotlight on Saturday.
Oct 10, 2026; Dallas, Texas, USA; Texas Longhorns quarterback Arch Manning (16) looks on before the game between the Sooners and the Longhorns at Cotton Bowl. Mandatory Credit: Jerome Miron-Imagn Images
October 22, 2026

Arch Manning’s Slump Clouds His Draft Stock, Texas’s Investment

Draft analysts now question whether Manning should declare—or transfer.
Kentucky's Jason Patterson (26) gets by Oklahoma's Owen Heinecke (38) in the second half of the college football game between the University of Oklahoma Sooners (OU) and the Kentucky Wildcats at Gaylord Family — Oklahoma Memorial Stadium in Norman, Okla., Oct., 17, 2026.
First at FOS
October 22, 2026

Inside the First College Sports Super PAC

The PAC launched last month and hasn’t yet reported any donations.