While no decision has yet been reached, the notes from the House v. NCAA settlement hearing on April 7 with US District Court Judge Claudia Wilkens are worth a deep read as there are a lot of issues discussed. There are ;lot’s more to be heard before a decision can be made.
USA Today writer Steve Berkowitz filed notes from the courtroom during the hearing. Here’s a link to the story he was updating during the hearing which ran from 1 pm to 8 pm EST in Oakland, California.
Link to the USAToday story

Here are the Top 10 items discussed tha I think are noteworthy:
1. The hearing is to give final approval to the settlement document so a scene is painted that you don't see every day, with the plaintiff’s lawyers and the NCAA’s lawyers on the same side of the table, and with the objectors to the settlement on the other side of the table.
2. I found it compelling and worrisome if you are the NCAA and the conferences that Wilkens presses the lawyers about claims of future athletes because this settlement was constructed with the interests of current and past athletes. Plaintiff lawyer Jeff Kessler says incoming athletes would be notified annually with a notice of opportunity to raise objections with a court and be advised to consult with a lawyer or a parent, and that would allow the judge and/or the athlete to respond to any changes in circumstances in college athletics. Future athlete rights would not be bargained away, which would be consistent with due process.
Berkowitz writes that Wilkens was reluctant and asked whether there are legal precedents.
The attorney for the NCAA and conferences, Rakesh Kilaru, backs up the plaintiff lawyer argument.
Wilken asks what happens if a judge decides that a future athlete has a sufficient problem to merit a change in the agreement.
Kessler says a judge would then be allowed to terminate the settlement.
This seems to be a very central issue for her.
3. Another important moment occurred when Wilkens asked about approving parts of the universal, multi-case settlements, and the NCAA’s Kilaru said the NCAA and the conferences want a full approval or not.
4. Interesting note during the objector's segment: a lawyer representing FSU quarterback Tommy Castellanos raised a questions about the “role of the entity operating as the College Football Playoff’s role in the settlement." Is the CFP released from Liability? Wilkens said she will ask the principal’s lawyers. The CFP operates separately from the NCAA, which collects no revenue from the CFP or from bowl games.
5. Another objector was addressing future events and was interrupted by Wilkens who re-directed him to the issues of the legality of the settlement as it pertains to her original concern. Wilken: "Can you have a class of future people who aren't known yet? Can you release claims for things that haven't occurred yet?" Again, this seems at odds with Judge Wilkens's legal sensibilities.
6. Leigh Ernst Friestedt, who represents four women athletes, argues against how little of the damages would go to past women athletes. Wilkens says: “We can’t solve all these problems retrospectively. It’s too bad, but…” The argument is if schools had been allowed to make NIL payments, those payments would have been subject to Title IX, a conversation that will be discussed later.
7. A former Washington All American linebacker Ben Burr-Kirven and LSU gymnast Olivia Dunn were critical of how the damages were calculated and would be awarded, which “doesn’t come close to recognizing the value I lost,” Dunn said. Remember, Dunn had more than 5 million followers on Tik Tok and Instagram during those years.
8. Roster sizes are another major topic of concern. A female high school runner from Pennsylvania appeared without an attorney because there is no one representing her interests. She said she made a college decision and was then told there would be no sport team for her. “No one can explain why roster limits are good for anyone,” she said. Utah swimmer Gannon Flynn said that because of proposed roster limits, athletes are being told “transfer or quit outright.” He presented stats that show more than 5,300 athletes will lose their roster spot under the proposed roster limits.
9. While it hadn’t been addressed yet today, the NIL Clearinghouse, which will be given greater authority to assess the market value of NIL deals, will also be challenged by objectors.
10. Last and certainly not least, Wilkens said she does not see this as a Title IX case, or the correct vehicle for whether there should be a collective bargaining agreement for college athletics. She said those are topics for future litigation. Her charge is to decide on those central issues of the settlement that is before her today.

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