On April 7, 2025, a fairness hearing regarding what has become known as the House Settlement was held to determine if the settlement should receive final approval. The House Settlement is the result of three cases that the NCAA and Power 5 Conferences were facing regarding lost NIL opportunities for college athletes, missed Alston Award opportunities, and the NCAA’s pay-for-play rules. If these cases go to trial, the NCAA and Power 5 Conference could face up to $4.3 billion in damages. As a result, the parties worked to reach a settlement.
Last year, presiding judge, Claudia Wilken, granted preliminary approval of the settlement. However, both parties are now waiting to see if the settlement will receive final approval. On Wednesday, Judge Wilken issued an order making it clear that she will not approve the settlement if the roster limit provisions in the settlement remain unchanged. During the fairness hearing and in a number of objections submitted to the court, athletes voiced concerns over losing their spot on their respective teams due to schools preparing for the House Settlement roster limit changes.
While the court did not find anything wrong with the implementation of roster limits as a per se violation of federal antitrust law, the Court did find issue with the harm that the immediate implementation of the roster limits imposed on members of the class. The Court can only approve the settlement if the settlement is found to be fair, reasonable, and adequate. Due to the fact that athletes are losing their spots on their respective teams, the Court cannot deem the settlement fair, reasonable, and adequate in its current form.
The NCAA and Power 5 Conferences argued that it would not be possible to “grandfather” in players currently on teams contending that doing so would cause disruption because schools have already begun preparing for roster limits. However, the court was unpersuaded by that argument and stated it was a situation caused by the NCAA and member institutions on doing. The Court further stated that the NCAA and member institutions should not have taken the preliminary approval as a sign that the settlement would receive final approval. The Judge gave the parties two weeks to meet with a meditator and make their best effort to modify the settlement so that members of the class are not adversely affect by the imposition of roster limits.
College and high school athletes have been granted the right to profit from their name, image, and likeness! Yayyyyyy!!! College and high school athletes can now enter NIL Deals. This is an exciting opportunity for college and high school athletes. However, there are certain topics that college and high school athletes and their parents need to know before entering any NIL Deal. Download by free NIL Contract Checklist for 5 contract terms to know! For more on college athletes' name, image, and likeness rights follow me on Twitter @esquire_coach and on Instagram and TikTok @the_esquirecoach. To receive updates from The Esquire Coach Blog directly to your email please subscribe below.