It is both ironic and appropriate that the dawn of a new era in collegiate sports began, not with a kickoff or a tip-off, but the filing of a legal settlement in a California court room. Athletes, athletic administrators, coaches, and institutional presidents across the country have been awaiting the resolution of the House v. NCAA litigation for what seems like forever. Finally, it seems, we have a path forward, albeit one strewn with many obstacles. Some might even call them boulders.
Under the terms of the settlement of three anti-trust cases, college athletes will receive $2.75 billion in damages over the course of the next decade. Pay to play is, or will be, here. Power 5 football and men’s basketball players in the plaintiffs class will receive about $135,000 in damages under the settlement terms. In addition, going forward schools will have the option to share in excess of $20 million dollars each year with their athletes. Meanwhile, roster limits will increase in several sports, including football and basketball.
The settlement averts yet another antitrust case which the NCAA was ill prepared to defend. While Judge Wilken’s preliminary approval of the settlement is a step forward, the challenges to be surmounted remain significant. There have already been several plaintiff classes that have objected to the settlement, and more could be filed before the deadline of January 31, 2025. The final approval hearing is scheduled for April, 2025. A lot could happen between now and then – such as the recent filing of a lawsuit against USC, the Pac-12 and the NCAA by Reggie Bush, who seeks damages for the NIL money he was unable to earn during his playing career. https://www.espn.com/college-football/story/_/id/41402577/reggie-bush-sues-usc-pac-12-ncaa-nil-compensation Terrelle Pryor is suing Ohio State on similar grounds. https://www.on3.com/nil/news/terrelle-pryor-ohio-state-buckeyes-football-quarterback-sues-big-ten-ncaa-learfield-nil-dollars/
Oh, and wait – we still don’t know for sure if college athletes are employees or not. Just ask the men’s basketball team at Dartmouth, who last month filed unfair labor practices against the institution for refusing to collectively bargain with them. https://www.reuters.com/world/us/dartmouth-college-basketball-teams-union-files-complaint-over-schools-refusal-2024-08-22/ USC football and men’s and women’s basketball players are awaiting an NLRB decision on their unionization attempt on the West Coast. https://frontofficesports.com/hearings-have-concluded-in-the-pivotal-usc-athlete-employment-case-whats-next/
And, the elephant in the room – which Judge Wilken specifically refused to address – is how Title IX fits into this brave new world.
Hold on for the ride, college sports fans. If nothing else, it is sure to be interesting.
Helen A. “Nellie” Drew is an expert in sports law, including professional and amateur sports issues ranging from NCAA compliance and Title IX matters to facility construction, discipline of professional athletes, collective bargaining and franchise issues. Drew formerly served as an officer and in-house counsel to the Buffalo Sabres of the National Hockey League, after previously working as outside counsel to the Sabres and the NHL. Among her more interesting experiences were assisting former USSR superstar Alexander Mogilny in obtaining asylum status in the U.S. and working on multiple NHL expansions, including San Jose, Ottawa, Florida and Tampa Bay.
Drew teaches a variety of courses that incorporate topics such as drug testing in professional sports and professional player contract negotiation and arbitration. She is especially interested in the evolving research and litigation concerning concussions in both amateur and professional sports.
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