Monday, October 26, 2026

South Dakota AG Challenges House v. NCAA Settlement Proposal

  • The attorney general and Board of Regents say the settlement is unfair for non-power conference schools and female athletes.
  • The complaint is “a step beyond an objection.”
Samantha Laurey / Argus Leader / USA TODAY NETWORK

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

Less than a week after a federal judge told attorneys to “go back to the drawing board” on the House v. NCAA settlement, the proposal has been hit with an objection from a state attorney general.

On Tuesday, South Dakota attorney general Marty Jackley filed a lawsuit against the NCAA over the financial structure of the settlement, which it says are unfair to non-power conference schools and female athletes. The complaint, filed in Brookings County Circuit Court, was joined by the South Dakota Board of Regents representing both South Dakota State University and the University of South Dakota. 

“I am disappointed that our South Dakota athletes and universities are paying the price for a settlement that did not involve any of our conduct,” Jackley said in a statement. “This settlement unlawfully and blatantly discriminates against female student-athletes by limiting them to less than 10 percent of the proceeds.”

In July, the NCAA and Power 5 conferences filed a proposal to settle House v. NCAA as well as two other antitrust lawsuits. The settlement contains two components: $2.8 billion in back-pay for athletes who couldn’t participate in NIL (name, image, and likeness) before 2021 and a future revenue-sharing agreement. Just last week, Northern District of California Judge Claudia Wilken did not grant preliminary approval to the settlement, mostly because of issues related to rules restricting NIL collective deals. The parties now have three weeks to determine whether they can still settle.

In the meantime, however, South Dakota’s attorney general—and the two universities in the state—argues in court documents that the settlement unfairly burdens non-power conference schools financially, even though they have no participation and had no say in the proposal. The NCAA’s portion of the damages will partially be paid by reductions to annual distributions to all Division I conferences—a reality that conferences originally decried, but have since decided to go along with, as Front Office Sports previously reported. The 13-page complaint also said the settlement finances are presented “in a manner that treats male and female athletes differently.” 

Part of the settlement approval process includes formal objections. So far, three groups of athletes have filed official grievances, though one has since been withdrawn. Houston Christian University, a D-I FCS school in the Southland Conference also filed an objection in June with similar gripes to the South Dakota contingent, though Judge Wilken declined to consider it mostly because Houston Christian wasn’t a party to the lawsuit.

“It’s a step beyond an objection to the House settlement,” Boise State sports law professor Sam Ehrlich tells FOS. “As we saw with Houston Christian, there’s no way to object within the confines of that approval process, so this seems like a backhanded way to object to the disbursement mechanism in the House settlement. It probably doesn’t disturb the settlement itself [to the extent it’s still going to be a thing], but it could throw a major wrench in the way the NCAA wants to pay for it.”

The NCAA did not immediately respond to an emailed request for comment.

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

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

More costly coaching changes could follow as pressure mounts across college football.

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

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

Bowl Games Face Uncertain Future With a 24-Team CFP

College football bowl game viewership rose 13% year over year in 2025.
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

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

Goldsberry says the program will create jobs, not cut them.
podcast thumbnail mobile
Front Office Sports Today

10/26/26 – NFL Weighs Hurts Review, Brewers Ticket Records, WNBA Finals Venue Chaos

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?
Texas Tech's Brendan Sorsby looks on during the spring football game, Friday, April 17, 2026, at Jones AT&T Stadium.

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

One of the biggest offseason storylines returns to the spotlight on Saturday.
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.
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.
Sponsored

Blake Griffin’s Plan for Media Domination

The former NBA star is building a second act across media & entertainment.
Oct 11, 2025; College Park, Maryland, USA; Maryland Terrapins head coach Mike Locksley walks the sidelines during the first half against the Nebraska Cornhuskers at SECU Stadium. Mandatory Credit: Tommy Gilligan-Imagn Images
October 21, 2026

Maryland Breaks Ice With $10M Mike Locksley Firing

$4.9 million is due to Locksley within 60 days.
October 21, 2026

LSU Won’t Roster Ex-NBA Player As SEC Legal Battle Continues

Louisiana AG Liz Murrill called again for the SEC’s lawsuit to be dismissed.
October 20, 2026

Army-Navy Could Shift Dates to Accommodate 24-Team CFP

The game could take place the Saturday left open without conference championships.
October 18, 2026

Big-Money Upsets Shake Up College Football

Half of the AP Poll top 10 lost in a single day.