Attorneys for the NCAA filed a 50-page brief opposing a motion for a class certification in College Athlete NIL Lititgation (also called House v. NCAA) last week Sportico reported. If the student-athletes were to prevail, it could cost the NCAA and member institutions billions of dollars.This Sportico article is worth the read. While this federal antitrust case isn't scheduled for trial on Jan. 27, 2025, the NCAA presents a tremendous number of challenges that address many of the questions you've been asking and debating, including effects on Title IX, diversity of state laws, BNIL (Broadcast Name Image and Likeness) and more.
The lawsuit, led by Arizona State swimmer Grant House, Oregon basketball player Sedona Prince and former Illinois football player Tymir Oliver, asserts that players should be paid a percentage of TV contracts and to retroactively compensate those student-athletes who were denied NIL until 2021.
Personal note: There is a precedent for paying retroactively. Some 15 years ago the NCAA was sued by "restricted earnings coaches" and the court forced the NCAA to retroactively compensate them the difference, which for some assistants was $100k or more.
The players seek the creation of a class for all D1 athletes who competed or will compete from June 15, 2020 (when the complaint was filed), to the date of judgment in the case. They seek additional classes for football and men’s basketball players, women’s basketball players and players in other sports starting in 2016.
California federal judge Claudia Wilken will hear the case. Wilken is the same judge who denied the NCAA’s motion to dismiss in 2021 and sided with Ed O’Bannon and Shawne Alston in their challenges to the NCAA’s ability to restrict college athlete compensation, which opened the door to NIL. Her ruling was upheld by the Supreme Court 9-0.
If Wilkens agrees to the plaintiffs’ certification request, this will become a case on behalf of thousands of student-athletes in multiple sports, rather than by a few.
Personal note: I'm interested in reading the responses from attorneys to Sportico's reporting on the NCAA's opposition to class certification. While they were crushed in court when arguing individual cases, it seems to me the NCAA may have a compelling argument in trying to put them all into classes. And if they are succesful, does that create a precedent for compensation moving forward? Interested to hear your takes.
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