
Explore Ongoing Cases in College Sports Litigation
Click on a case below to view details and updated information on the key legal cases impacting college sports.
Latest Updates (4/18):
Pepperdine v. Netflix: The defendants filed their motion to dismiss the first amended complaint.
Coley v. NCAA: The NCAA filed a motion to strike Coley's reply in support of his preliminary injunction, arguing the brief is improper due to its introudction of new evidence.
House v. NCAA: Class counsel filed a motion to shorten the briefing schedule for Thomas Castellanos’s motion to strike the post-hearing settlement revisions.
House v. NCAA: The court clerk filed a notice that all letters received prior to today will be docketed but letters received after will not.
Elad v. NCAA: The plaintiff filed a letter noting that both parties had agreed to a consent order extending the temporary restraining order to April 28.
Newest Added Cases:
Logan v. University of North Dakota, filed 4/16/2025 (allegations by former women’s soccer coach of Title IX retaliation in firing)
Description of the Case
This case is an antitrust challenge against the NCAA and "Power Five" Conferences (ACC, Big Ten, Big 12, SEC, and Pac-12) with two primary claims. The first claim argues that the NCAA's restrictions on athlete use of their NIL constitutes an unreasonable restraint of trade by depriving those athletes of the ability to earn compensation for the license of their NIL. The second claim argues that the NCAA, conferences, and member institutions have engaged in a group boycott where they have collectively refused to negotiate with athletes for compensation for the use of their NIL in game broadcasts. A third claim, added in advance of a motion for settlement, also claims that the NCAA has violated antitrust law by capping the number of scholarships that may be allotted to athletes per sport.
This is a class action lawsuit involving four classes: (1) a "Declaratory and Injunctive Relief Class" that includes all athletes who have competed on a Division I athletic team since June 15, 2020; (2) a "Football and Men's Basketball Class" that includes all current and former scholarship athletes who have competed on a "Power Five" (plus Notre Dame) Division I football or men's basketball team since June 15, 2016; (3) a "Women's Basketball Class" that includes all current and former scholarship athletes who have competed on a "Power Five" (plus Notre Dame) Division I women's basketball team since June 15, 2016; and (4) an "Additional Sports Class" that includes all current and former athletes who have competed on a Division I athletic team since June 15, 2016 and are not part of the Football and Men's Basketball or Women's Basketball classes. Representative lead plaintiffs are former Arizona State swimmer Grant House, current Texas Christian basketball player Sedona Prince, former Illinois football player Tymir Oliver, former Duke football player DeWayne Carter, current Stanford soccer player Nya Harrison, and former North Carolina lacrosse player Nicholas Solomon.
(Nos. 20-cv-03919, 20-cv-04527, N.D. Cal., Judge Claudia Wilken, filed June 15, 2020)
Current Status
Judge Claudia Wilken of the U.S. District Court for the Northern District of California denied a motion to dismiss by the NCAA and conference defendants on June 24, 2021, rejecting the defendants' arguments that the claims were already addressed in the Alston and O'Bannon cases and that athletes have no legal entitlement to broadcast game revenue. Instead, she found that the plaintiffs allegations that "absent the challenged rules, 'Division I conferences and schools would compete amongst each other by allowing their athletes to... share in the conferences' and schools' commercial benefits received from exploiting student-athletes names, images, and likenesses,' which include broadcasting revenue" was sufficient to demonstrate antitrust injury.
Since then, the parties have engaged in the pre-trial discovery process. However, on July 26, 2024, the plaintiffs filed a motion for settlement, asking the court to approve an expansive settlement agreement reached with the defendants. This settlement would pay out approximately $2.8 billion in damages to the various classes of athlete plaintiffs. The agreement would also institute injunctive relief in the form of various rule changes, including:
- Allowing member institutions to be able to enter into direct NIL agreements with athletes for their broadcast NIL rights (up to a cap of 22 percent of Average Shared Revenue for Power Five institutions);
- Eliminating scholarship limits in favor of roster limits; and,
- Enacting restrictions on NIL deals entered into between athletes and third-parties, specifically boosters and booster collectives, where such deals must be for a valid business purpose and for fair market value.
Judge Wilken held a preliminary approval hearing on September 5, 2024, where she heard initial objections and raised a few concerns of her own with the notice forms, future athlete representation rights, and the third-party NIL restrictions in the settlement. The parties filed a revised settlement agreement on September 26, 2024. Judge Wilken granted preliminary approval to this revised settlement agreement on October 7, 2024, starting the notice period.
The deadline for class members to file objections to the settlement was on January 31, 2025. Dozens of parents and athletes filed briefs and informal letters objecting to the settlement for a variety of reasons. Most briefs and letters fit into one of four categories: (1) objections to the roster limits and the cuts that schools will have to do to reach those new limits in many sports; (2) objections arguing that the settlement's damages distributions is discriminatory based on gender; (3) objections to exclusion of walk-ons from the football and men's and women's basketball damages classes; and (4) objections to individual damages calculations or arguments that the settlement website did not work properly.
Judge Wilken held the final approval hearing on April 7. While she ultimately said that she thinks the settlement is overall good, Judge Wilken did express various concerns about certain parts of the settlement while indicating that she may not approve the settlement if there are certain objectionable elements. The two issues seemingly towards the top of her list were: (1) the idea that future athletes who aren't in college yet will be bound to the settlement and its release without having a chance to object first; and (2) the effect of the roster limits on current athletes. To this end, she suggested that the parties restructure the mechanism allowing new NCAA enrollees to object to the settlement to not include them as part of the class until they have that chance and to "grandfather" in roster limits over time -- an idea suggested by several objectors. The parties asked for a week to file a brief in response to Judge Wilken's concerns, and this request was granted.
Key Upcoming Dates
Latest Event: Class counsel filed a motion to shorten the briefing schedule for Thomas Castellanos’s motion to strike the post-hearing settlement revisions and the court clerk filed a notice that all letters received prior to today will be docketed but letters received after will not (4/18/2025)
- N/A (awaiting decision on settlement final approval)
Important Case Documents
- Operative Complaint (Third Amended Complaint, filed 9/26/2024)
- Order Granting Plaintiffs' Motion for Preliminary Settlement Approval (filed 10/7/2024)
- Third Revised Settlement Agreement (filed 4/14/2025)
- Third Revised Settlement Agreement (redlined) (filed 4/14/2025)
- Supplemental Brief in Support of Motion for Final Approval of Settlement Agreement (filed 4/14/2025)
- Revised Brief in Support of Motion for Preliminary Approval of Settlement Agreement (filed 9/26/2024)
- Settlement Claim Website
- Question and Answer Document on the Impact of the Proposed Settlement on Current Division I Athletes (filed 12/13/2024)
- Opposition to Proposed Question and Answer Document on the Impact of the Proposed Settlement on Current Division I Athletes (filed 12/20/2024)
- Opinion and Order Denying Defendants' Motion to Dismiss (filed 6/24/2021)
- Letter Motion from Objector Attorneys Asking for Injunction of the NCAA's March 1 Deadline to Opt-In to Settlement (filed 2/20/2025)
- Plaintiffs' Motion for Final Approval and Omnibus Response to Objections (filed 3/3/2025)
- Defendants' Brief in Support of Motion for Final Approval and Omnibus Response to Objections (filed 3/3/2025)
- Plaintiffs' Reply Brief in Support of Motion for Final Approval (filed 3/24/2025)
- Order Regarding Final Approval Hearing Details (filed 3/4/2025)
- List of Final Approval Speakers (filed 3/31/2025, amended 4/1/2025)
- NCAA Letter Brief re: Brantmeier & Joint Objection (filed 4/2/2025)
- Response to Supplemental Brief by Benjamin Burr-Kirven (filed 4/15/2025)
- Response to Supplemental Brief by Laura Reathaford (filed 4/15/2025)
- Response to Supplemental Brief by Thomas Castellanos (filed 4/15/2025)
- Declaration of Michael L. McGlamry (attachment to Thomas Castellanos response) (filed 4/15/2025)
- Motion to Strike Settlement Agreement Amendments by Thomas Castellanos (filed 4/15/2025)
- Response to Supplemental Brief by John Clune and Ashlyn Hare (filed 4/15/2025)
- Response to Supplemental Brief by Charles O'Bannon, Jr., and K. Braeden Anderson (filed 4/15/2025)
- Response to Supplemental Brief by Berg/Lykins (Buchalter) (filed 4/15/2025)
- Response to Supplemental Brief by Liam Anderson et al. (Hausfeld) (filed 4/15/2025)
- Response to Supplemental Brief by Leigh Ernst Friestedt (filed 4/15/2025)
- Response to Supplemental Brief by Grace Menke, John Weidenbach, et al. (MoloLamken) (filed 4/15/2025)
- Response to Supplemental Brief by Gracelyn Laudermilch (filed 4/16/2025)
- Response to Supplemental Brief by Gannon Flynn (filed 4/16/2025)
- Objectors represented by Steven Molo of MoloLamken LLP
- Objector represented by Stephen Tillery of Korein Tillery LLC (Alex Vogelsong)
- Objectors represented by Michael P. Lehmann of Hausfeld LLP
- Objector represented by Laura Reathaford of Lathrop GPM
- Objectors represented by Patrick A. Bradford of Bradford Edwards LLP (Charles O’Bannon, Jr. and K. Braeden Anderson)
- Objectors represented by Alex R. Straus of Milberg LLP (Reese Brantmeier and Maya Joint)
- Objector represented by Caroline G. McGlamry of Pope, McGlamry, Kilpatrick, Morrison & Norwood PC (Thomas Castellanos)
- Objector represented by Leigh Ernst Friestedt (1/3) (Charlotte North)
- Objector represented by Leigh Ernst Friestedt (2/3) (Sarah Brooke Baker)
- Objector represented by Leigh Ernst Friestedt (3/3) (Katherine McCabe Ernst)
- Objectors represented by Michelle Roberts
- Objectors represented by Douglas De Peppe of Buchalter PC
- Objector Gannon Flynn
- Objector Gracelyn Laudermilch
- Objector Benjamin Burr-Kirven
- Objector Olivia Dunne
- Hutchinson Black and Cook/Katz Banks Kumin Opposition to Motion for Final Approval (filed 3/17/2025)
- Objector Thomas Castellanos Opposition to Motion for Final Approval (filed 3/17/2025)
- Objector Emma Reathaford Opposition to Motion for Final Approval (filed 3/17/2025)
- Objector Madeline Berg, Emma Lynkins, and other Anonymous Division I Athletes (Buchalter) Opposition to Motion for Final Approval (filed 3/17/2025)
- MoloLamken Opposition to Motion for Final Approval (filed 3/17/2025)
- Letter and Roster Limit Survey Results from Gloria Hollingshead (filed 3/18/2025)
- Letter from Donna Lopiano and Andrew Zimbalist (filed 3/24/2025)
- Objectors Charles O'Bannon, Jr., and K. Braeden Anderson Opposition to Motion for Final Approval (filed 4/3/2025)
- Letter from Noah Henderson (former athlete and SI writer) (filed 12/26/2024)
- U.S. Department of Justice Statement of Interest on the Proposed Settlement (filed 1/17/2025)
- Letter from Michael LeRoy (University of Illinois professor) (filed 1/21/2025)
- Brief of Amicus Curiae Leonard B. Simon in Opposition to Final Approval of the Injunctive Aspects Of the Settlement (filed 1/27/2025)
- Letter from an Anonymous Concerned Parent (filed 1/27/2025)
- Brief in Objection to Settlement on Behalf of Classes of Past, Current, and Future NCAA College Athletes (Anderson, Bohannon, Brown, Ili, Larry, McCutcheon, Sermons, Sermons) (Hausfeld) (filed 1/29/2025)
- Brief in Objection to Settlement on Behalf of Certain African American Former D1 College Athletes (O'Bannon Jr. & Anderson) (filed 1/31/2025)
- Brief in Objection to Settlement on behalf of Alex Vogelsong (ex-Auburn golf) (Korein Tillery - Fontenot and Cornelio Attorneys) (filed 1/31/2025)
- Brief in Objection to Settlement (Menke, Dunn, Levy, Moore, Bishop, Barr, Yarich, Holp, Forman, Leak, Weidenbach, Hollingshead, Wheatley) (MoloLamken) (filed 1/31/2025)
- Brief in Objection to Settlement on behalf of Thomas Castellanos (Florida State football) (filed 1/31/2025)
- Letter from Rachel Garcia (former UCLA softball) (filed 2/3/2025)
- Letter from Mike Cline (former D1 football player and parent of two current football players) (filed 2/10/2025)
- Letter from Gregg Clifton and the Intercollegiate Tennis Association (filed 2/18/2025)
- Letter from Michele Roberts (ex-NBPA executive director), Richard Ford (DYK Media), and Casey Floyd (DYK Media and NOCAP Sports) (filed 2/18/2025)
- Letter from Gregory (filed 2/18/2025)
- Athlete.org's Proposed Amicus Brief (filed 3/27/2025) Letters and Briefs Objecting to Roster Limits
- Anonymous Letter (NCAA Recruiting Class of 2025) (filed 11/22/2024)
- Letter from Dawn Jevnick (Athlete Parent) (filed 11/22/2024)
- Letter from Kevn Cuneen Jr (Athlete Parent) (filed 11/22/2024)
- Letter from John Weidenbach (Michigan football player) (filed 12/11/2024)
- Anonymous Letter (High School Senior Basketball Player) (filed 12/30/2024)
- Letter from Keaton Rice (Auburn swimmer) (filed 1/10/2025)
- Letter from Camden Dempsey (University of Colorado football player) (on behalf of 92 Big 12 athletes) (filed 1/21/2025)
- Letter from Camden Dempsey (University of Colorado football player) (on behalf of 16 additional Division I athletes) (filed 2/6/2025)
- Letter from Lathrop GPM (objection) (filed 1/25/2025)
- Letter from an Anonymous Concerned Athlete (filed 1/27/2025)
- Letter from Blaine Mynatt (parent of NMSU swimmer) (filed 1/27/2025)
- Letter from De Ann Woodall-Watson (parent of Utah swimmer) (filed 1/27/2025)
- Letter from Gannon Flynn (Utah swimmer) (filed 1/27/2025)
- Letter from Megan and Kevin Lang (parents of Ohio women's soccer player) (filed 1/27/2025)
- Letter from Whitney Ward (parent of Kentucky diver) (filed 1/27/2025)
- Letter from Gerry Goldstein (men's volleyball parent) (filed 1/31/2025)
- Letter from Buchalter PC on Behalf of Anonymous D1 Olympic Sport Athletes (filed 1/31/2025)
- Letters from Seth Cannon (Mizzou swimmer) and Parents (filed 1/31/2025)
- Declarations of Division I Coaches in Opposition to Roster Limits (exhibit to MoloLamken brief) (filed 1/31/2025)
- Declarations of John Weidenbach, Lance Hollingshead, and Rachel Wheatley in Opposition to Roster Limits (exhibit to MoloLamken brief) (filed 1/31/2025)
- Declarations of 152 Injunctive Relief Settlement Class Members in Opposition to Roster Limits (exhibit to MoloLamken brief) (filed 1/31/2025)
- Letter from Anonymous "Concerned Bruin Parent" (filed 2/4/2025)
- Declaration of Avery Martin (filed 2/3/2025)
- Declaration of Nicholas Martin (filed 2/3/2025)
- Declaration of Thomas Bryce Spangler (filed 2/3/2025)
- Letter from Anonymous (filed 2/3/2025)
- Letter from Aidan Siers (Auburn swimming) (filed 2/4/2025)
- Letter from Gracelyn Laudermilch (high school senior cross country and track athlete) (filed 2/4/2025)
- Letter from Kimberly McCardle (former D1 athlete and athlete parent) (filed 2/5/2025)
- Letter from Anonymous "Hopeful Student-Athlete" (filed 2/6/2025)
- Letter from Jacob Ference (high school football player; former Northern Illinois commit) (filed 2/7/2025)
- Letter from a Large and Concerned Community (1700 signatories) (filed 2/10/2025)
- Letter from Lucy Schmeil (Texas tennis) (filed 2/13/2025)
- Letter from the Intercollegiate Men's Lacrosse Coaches Association (filed 2/13/2025)
- Letter from Bridget K. Parker (Utah swimming parent) (filed 2/14/2025)
- Letter from J. Wesley Null (Baylor provost and Baylor golf parent) (filed 2/18/2025)
- Letter from Paul Walker (filed 2/18/2025)
- Letter from An Anonymous Parent of a D-1 Athlete (filed 2/19/2025)
- Letter from Anonymous (one co-author is a Division 1 athlete) (filed 2/19/2025)
- Letter from Elizabeth Friend (parent of Purdue swimmer) (filed 3/3/2025)
- Letter from Brent Friend (parent of Purdue swimmer) (filed 3/3/2025)
- Letter from Kerri Carlton (parent of Tennessee swimmer) (filed 3/4/2025)
- Letter from Letter from William R. Cherry III (parent of 2026 golf recruit) (filed 3/5/2025)
- Letter from Mary Ellen Androsky (parent of two Division I athletes) (filed 3/11/2025)
- Letter from Jessica and Bradley Sarratt (parents of a Track and Field Division 1 preferred walk-on athlete at a Big 12 University) (filed 3/11/2025)
- Letter and Roster Limits Survey from Gloria Hollingshead (Notre Dame men's golf parent) (filed 3/26/2025)
- Letter from Grayson Sebastian (SDSU men's golfer) (filed 3/26/2025)
- Letter from Connor Tam (high school baseball player) (filed 3/27/2025)
- Letter from James Snay Jr (parent of D1 track PWO) (filed 4/4/2025)
- Letter from David Havlick (athlete parent) (filed 4/7/2025)
- Letter from Rowan Sullivan (Vanderbilt men's golf) (filed 4/7/2025) Letters and Briefs Objecting Based on Title IX Concerns
- Brief in Objection to Settlement on the Basis of Title IX (filed 1/31/2025)
- Letter from Charlotte North (former Duke & BC women's lacrosse) (filed 2/3/2025)
- Letter from Voice in Sport Foundation (filed 2/3/2025)
- Follow-Up Letter from Voice in Sport Foundation (filed 3/3/2025)
- Letter from Sarah Brooke Baker (former North Carolina and Vanderbilt women's lacrosse) (filed 2/4/2025)
- Letter from Katherine McCabe Ernst (Vanderbilt women's lacrosse) (filed 2/5/2025)
- Letter from the Women's Sports Foundation and National Women's Law Center (filed 2/6/2025) Letters Objecting to Exclusion of Walk-Ons (including Preferred Walk-Ons) from Football, Men's Basketball, and Women's Basketball Damages Classes
- Letter from David Kasemervisz (current Stanford football) (objection) (filed 1/24/2025)
- Letter from Larry Wright III (former Minnesota football) (filed 1/28/2025)
- Letter from D’Andre McKenzie (former Mizzou football) (filed 1/31/2025)
- Letter from Jason Thompson (current Stanford football) (filed 2/3/2025)
- Letter from Logan Berzins (former Stanford football) (filed 2/3/2025)
- Letter from Dorsey Gibson (former Stanford football) (filed 2/3/2025)
- Letter from Joseph Kale Lucas (former Stanford football) (filed 2/3/2025)
- Letter from Griffin Waiss (former Stanford football) (filed 2/4/2025)
- Letter from Jason Amsler (former Stanford football) (filed 2/4/2025)
- Letter from Adam Rourke (current Stanford football) (filed 2/4/2025)
- Letter from Brayden Hagle (current Stanford football) (filed 2/4/2025)
- Letter from Vincenzo Granatelli (former Arizona State football) (filed 2/4/2025)
- Letter from Trevor Glassman (former Mizzou football) (filed 2/5/2025)
- Letter from Kiersten Lee (former Stanford football) (filed 2/5/2025)
- Letter from Zachary Hoover (former Iowa State and Ohio State football) (filed 2/5/2025)
- Letter from Charles Mirer (current Stanford football) (filed 2/6/2025)
- Letter from Joshua Harris (former Arkansas football) (filed 2/6/2025)
- Letter from Tyler Phillips (former Arkansas football) (filed 2/6/2025)
- Amended Letter from Tyler Phillips (former Arkansas football) (filed 2/19/2025)
- Letter from Austin Nix (former Arkansas football) (filed 2/6/2025)
- Letter from Landy Estes (former TAMU football) (filed 2/6/2025)
- Letter from Cody Markel (former Vanderbilt football) (filed 2/6/2025)
- Letter from Michael Mastrodicasa (current Baylor football) (filed 2/7/2025)
- Letter from Christopher Lutzel (former Baylor football) (filed 2/7/2025)
- Letter from Patrick Carr (former Colorado and Houston football) (filed 2/7/2025)
- Letter from Byron Keaton (former Arkansas football) (filed 2/10/2025)
- Letter from Cameron Colbert (former Arkansas football) (filed 2/10/2025) Letters and Briefs Objecting Based on Individual Damages Calculations and/or Based on Issues with Settlement Website
- Letter from Kwame Etwi (former TAMU football) (filed 1/6/2025)
- Letter from Jelena Sever (former UW-Milwaukee soccer) (filed 1/27/2025)
- Letter from Olivia Dunne (current LSU gymnastics) (filed 1/31/2025)
- Letter from Activate Sports Management (on behalf of ASU athletes) (filed 1/31/2025)
- Declaration of Marcel Dancy (former Cal football) (filed 1/31/2025)
- Letter from John Jace Christmann V (former Mississippi State & Florida football) (filed 2/3/2025)
- Letter from Porter Gustin (former USC football) (filed 2/3/2025)
- Letter from Benjamin Burr-Kirven (former Washington football) (filed 2/3/2025)
- Brief in Objection to Settlement on behalf of Provonsha Wells (TCU football) (filed 2/4/2025)
- Letter on Behalf of Thomas Townsend (former Florida football) (filed 2/6/2025)
- Letter on Behalf of John Townsend (former Florida football) (filed 2/12/2025)
- Letter from Joseph Pleasant (former Abilene Christian basketball player) (filed 3/31/2025) Briefs Objecting to the Scope of the Settlement's Release
- Letter from Lawyers for Reese Brantmeier and Maya Joint (tennis players) (filed 1/31/2025)
- Pre-Preliminary Approval Opposition to Settlement (Fontenot Plaintiffs) (filed 8/9/2024)
- Pre-Preliminary Approval Opposition to Settlement (Rowers and Other Women Athletes) (filed 8/9/2024)
- Pre-Preliminary Approval Opposition to Revised Settlement Agreement (Hausfeld) (filed 10/2/2024)
Overall Important Documents
Post-Hearing Objection Letters in Response to the 4/14 Supplemental Brief
Letters and Briefs from Objectors Called to Speak at the Final Approval Hearing
Oppositions to the Motion for Final Approval
All Final Approval Objections
Statements of Interest, Amicus Curiae Briefs, and Filings Objecting to Multiple Settlement Components
Preliminary Approval Objections
Description of the Case
This case is an antitrust challenge against the NCAA and "Power Five" Conferences (ACC, Big Ten, Big 12, SEC, and Pac-12) focused on so-called "Alston Awards": Academic Achievement Awards of up to $5,980 per academic year that have been provided by many member institutions following the Supreme Court's decision in NCAA v. Alston. This lawsuit claims that athletes who played prior to the Alston decision were deprived the opportunit to negotiate for and receive these academic achievement awards.
This is a class action lawsuit that includes all current and former NCAA athletes who competed on a Division I athletic team after April 1, 2019. Representative lead plaintiffs are former Oklahoma State football player Chuba Hubbard and former Oregon and Auburn track and field athlete Keira McCarrell.
(No. 23-cv-01593, N.D. Cal., Judge Claudia Wilken, filed April 4, 2023)
Current Status
The plaintiffs have filed a motion for settlement, including this case as part of the broader In re College Athlete NIL Litigation (House v. NCAA) settlement. This individual case has been stayed while that settlement is being considered.
Latest Event: The plaintiffs filed a motion for attorneys fees (12/17/2024)
Key Upcoming Dates
- See In re College Athlete NIL Litigation (House v. NCAA)
Important Case Documents
Description of the Case
This case is an antitrust challenge against the NCAA and "Power Five" Conferences (ACC, Big Ten, Big 12, SEC, and Pac-12) that broadly attacks NCAA prohibitions on "pay-for-play", arguing that athletes should have a right to negotiate direct compensation from member institutions that is tied to their athletic performance.
This is a class action lawsuit that includes two classes: (1) a "Declaratory and Injunctive Relief Class" that includes all athletes that competed on a Division I athletic team after December 7, 2023; and (2) a "Damages Class" that includes all athletes that competed on a "Power Five" (plus Notre Dame) Division I basketball or football team after December 7, 2019. Representative lead plaintiffs are former Duke football player DeWayne Carter, current Texas Christian basketball player Sedona Prince, and current Stanford soccer player Nya Harrison.
(No. 23-cv-06325, N.D. Cal., Judge Claudia Wilken, filed December 7, 2023)
Current Status
The plaintiffs have filed a motion for settlement, including this case as part of the broader In re College Athlete NIL Litigation (House v. NCAA) settlement. This individual case has been stayed while that settlement is being considered.
Latest Event: The case was consolidated into the broader House v. NCAA settlement and stayed while that settlement is under review.
Key Upcoming Dates
- See In re College Athlete NIL Litigation (House v. NCAA)
Important Case Documents
Description of the Case
This case is an antitrust challenge against the NCAA and "Power Five" Conferences (ACC, Big Ten, Big 12, SEC, and Pac-12) that broadly attacks NCAA prohibitions on "pay-for-play", arguing that athletes should have a right to negotiate direct compensation (in the form of salaries) from member institutions that is tied to their athletic performance. Of note: while this case was originally targeted specifically towards football and men's and women's basketball players for "Power Five" Conference teams (plus Notre Dame), it was later expanded to all sports through Division I.
This suit seeks to do one of two things, depending on the result of the House settlement motion for final approval. If the House settlement is approved, the suit seeks damages on behalf of athletes who have opted out of the House settlement. If the House settlement is rejected, the suit will also seek injunctive relief as a class action lawsuit with one plaintiff class: "All persons who worked as athletes for a Division I athletic team at an NCAA Division I school, from the beginning of the statute of limitations period, as determined by the Court, through judgment in this matter."
(No. 23-cv-03076, D. Colo., Judge Charlotte N. Sweeney, filed November 20, 2023)
Current Status
Due to the House settlement's overlap of the allegations made in this case, the parties filed a joint stipulation stating their agreement to stay this case until that matter is resolved (one way or another). In exchange, the defendants agreed to not object to the plaintiffs' filing of an initial complaint that includes additional pliantiffs who opt out of (or are otherwise not covered by) the House settlement if the House settlement is given final approval.
On March 24, 2025, the plaintiffs filed a third amended complaint. The new complaint adds a significant number of named plaintiffs (nearly 300 total), consolidates with another House settlement opt-out case, Hill v. NCAA, and seeks to either provide an alternative suit for damages in the case the House settlement is approved or pick up as a new class action lawsuit if the House settlement is rejected.
Latest Event: The court granted the defendants' unopposed motion asking the court for an extension on their deadline to respond to the third amended complaint (4/8/2025)
Key Upcoming Dates
- 45 days after the House settlement final approval order (if the order is issued on or before May 7): Deadline for the NCAA's response to the Third Amended Complaint
- 21 days after the House settlement final approval order (if the order is issued after May 7): Deadline for the NCAA's response to the Third Amended Complaint
Description of the Case
This case is an antitrust challenge against the NCAA and "Power Five" Conferences (ACC, Big Ten, Big 12, SEC, and Pac-12) challenging the NCAA's restrictions on the number of athletic scholarships that can be offered per team. Specifically, the litigatin attacks NCAA Bylaws 15.5.3, 15.5.4 (baseball) and 15.5.7 (hockey) and the scholarship limits placed on teams playing those two sports at the Division I level.
This is a class action lawsuit with one plaintiff class: All persons recieved a partial athletic scholarship in baseball or hockey who is or was a member of one of the Power Five Conferences or Notre Dame starting at the beginning of the statute of limitations period (as to be defined by the court). The representative lead plaintiff is former Texas Christian baseball player Riley Cornelio.
(No. 24-cv-02178, D. Colo., Judge Daniel D. Domenico, filed August 6, 2024)
Current Status
Due to the House settlement's overlap of the allegations made in this case, the parties filed a joint stipulation stating their agreement to stay this case until that matter is resolved (one way or another).
Latest Event: Magistrate Judge Maritza Dominguez Braswell extended the deadline for the parties to file a Proposed Scheduling Order for the case until "fourteen days after the Northern District of California court resolves the parties' forthcoming final approval motion" for the House settlement. (10/22/2024)
Key Upcoming Dates
- See In re College Athlete NIL Litigation (House v. NCAA)
Important Case Documents
Description of the Case
This lawsuit was filed by the attorney general of South Dakota and the South Dakota Board of Regents (on behalf of South Dakota State University and the University of South Dakota) challenging the NCAA's plan to pay for the $2.8 billion damages portion of the House settlement. According to the plaintiffs, of the $2.8 billion that the NCAA will pay to athletes in the House settlement, "$1.15 billion will be paid from the NCAA’s reserves and expense reductions while $1.65 billion will be paid 'by reducing disbursements it makes to conferences from its Final Four Men’s Basketball revenues by an average of 20 percent over the next ten years.'" The plaintiffs claim that this is "grossly unfair to non-Power 4 schools", arguing that Power 4 schools "are responsible for 90% (if not 100%) of the damages covered by the settlement" yet are only stuck with "50% or more of the cost." The plaintiffs allege that the plan is "a breach of contract, breach of fiduciary duty, inequitable and a violation of the NCAA’s rules, bylaws and constitution."
(No. 05Civ24-000320, Third Judicial Circuit Court, Brookings County, South Dakota, filed September 10, 2024) (state case)
(No. 24-cv-04189, D. South Dakota, Judge Karen E. Schreier, filed October 9, 2024) (federal case)
Current Status
The NCAA moved the case from state court (where it was originally filed) to federal court on October 9, 2024. The plaintiffs filed a motion to remand the case back to South Dakota state court, arguing that the case does not have the federal questions needed for a federal court to assert subject matter jurisdiction.
On March 28, 2025, the federal district court granted the state's motion, sending the case back to South Dakota state court. The case will now continue in the Third Judicial Circuit Court of Brookings County, assuming the NCAA does not appeal that decision.
Latest Event: The court granted the South Dakota AG's motion to remand the case back to state court (3/28/2025)
Key Upcoming Dates
- N/A (awaiting scheduling order in state court or appeal)
Important Case Documents
- Order Granting Motion to Remand to State Court (filed 3/28/2025)
- Amended Complaint (filed 11/15/2024 in South Dakota federal court)
- Letter from Presidents Peschovitz, Bravman, and Salovey to President Morehead (filed 11/15/2024 in South Dakota federal court)
- Letter from NCAA General Counsel to Presidents Peschovitz, Bravman, and Salovey (filed 11/15/2024 in South Dakota federal court)
- Letter from Non-P4 Conference Commissioners to NCAA Division I Board of Directors (filed 11/15/2024 in South Dakota federal court)
- Notice of Removal (filed 10/9/2024 in South Dakota federal court)
- Plaintiffs' Memorandum in Support of Remand to State Court (filed 10/15/2024 in South Dakota federal court)
- Defendants' Memorandum in Opposition to Remand to State Court (filed 11/5/2024 in South Dakota federal court)
Description of the Case
Former Villanova basketball player Kris Jenkins filed this lawsuit as an individual case after opting out of the House settlement. Jenkins seeks damages for broadcast NIL use by the NCAA and Power Five conferences and a declaratory judgment "declaring as void the NCAA's Bylaws that operate to impose restrictions on the compensation Division I student-athletes can receive from the schools, conferences, or third parties for their NIL rights or athletic services." Notably, the case very clearly seeks to pick up where House v. NCAA left off prior to their settlement, as this complaint is largely copy-and-pasted from the House most recent amended complaint.
(No. 25-cv-02844, S.D.N.Y., filed April 5, 2025)
Current Status
A complaint has been filed, with responsive pleading to come.
Latest Event: The complaint was filed (4/5/2025)
Key Upcoming Dates
- N/A (awaiting responsive pleading or scheduling order)
Important Case Documents
Description of the Case
The plaintiff in this case is Corey Coley, Jr., a football player for North Carolina State University (NC State) who exhausted his Division I eligibility in 2024-25. He files this antitrust lawsuit seeking an additional year of eligiblity. Coley is arguing in part that (1) the NCAA didn't give him proper credit for his injuries in denying his hardship waiver; (2) the NCAA's definition of a "season" is arbitrary; and (3) the four-year limit is arbitrary given various exceptions like the COVID waiver.
(No. 25-cv-00098, E.D. North Carolina, filed February 21, 2025)
Current Status
The complaint has been filed. Coley has also filed a motion for a preliminary injunction that would "enjoin[] and restrain[] the NCAA from enforcing its Five Year Rule and four (4) 'season' limitation as to Coley, and from enforcing its “Rule of Restitution” against Coley, NCSU or any other Division I institution.
Latest Event: The NCAA filed a motion to strike Coley's reply in support of his preliminary injunction, arguing the brief is improper due to its introudction of new evidence (4/18/2025)
Key Upcoming Dates
- N/A (awaiting scheduling of hearing on the plaintiff's motion for a preliminary injunction)
Description of the Case
Jett Elad, a football player who has played for Ohio University (2019, 2020, 2021), Garden City Community College (2022), and UNLV (2023, 2024), filed this lawsuit seeking an extra year to play at Rutgers for the 2025 season based on the blanket waiver issued by the NCAA after the Pavia v. NCAA decision. Along with making a similar case as Pavia in challenging the inclusion of JUCO years towards NCAA Division I eligibility, he also challenges the NCAA's Five-Year Rule more generally, arguing that the NCAA's confusing and inconsistent approach to granting waivers to the Five-Year Rule harms his ability to compete in NIL labor markets. He claims that he was offered about $500,000 in NIL money to attend Rutgers, and that the NCAA's refusal to grant him a waiver impedes his ability to earn that money. He seems preliminary injunctive relief so that he will be able to compete for a starting position in Rutgers's spring practice, which starts on March 25.
(No. 25-cv-01981, D. New Jersey, Judge Zahid N. Quaraishi, filed March 20, 2025)
Current Status
A complaint has been filed. As part of the complaint, Elad filed a motion in application for an order to show cause where the judge would compel the NCAA to demonstrate why a temporary restraining order should not be granted. The judge granted that application and issued such an order, setting a hearing while also issuing a TRO preventing the NCAA from enforcing the bylaws in question against the plaintiff until his decision. The NCAA responded with a response memorandum in opposition to the plaintiff's request for a temporary restraining order on February 27.
Latest Event: The plaintiff filed a letter noting that both parties had agreed to a consent order extending the temporary restraining order to April 28 (4/18/2025)
Key Upcoming Dates
- April 28, 2025: End of temporary restraining order
Description of the Case
This lawsuit challenges the NCAA's bylaws that make college athletes who play in the semipro junior league Canadian Hockey League (CHL) ineligible for NCAA competition. Specifically, the suit claims that the combination of NCAA bylaws 12.2.3.2 ("An individual shall not be eligible for intercollegiate athletics in a sport if the individual ever competed on a professional team"), 12.2.3.2.1 ("In sports other than men’s ice hockey and skiing, before initial full-time collegiate enrollment, an individual may compete on a professional team...") and 12.2.3.2.3 ("Ice hockey teams in the United States and Canada, classified by the Canadian Hockey Association as major junior teams, are considered professional teams under NCAA legislation") constitute an illegal boycott against current and former CHL players.
This is a class action lawsuit with one class that includes "anyone who either (i) played in the CHL at any point between August 12, 2020, and the present, or (ii) attended college at any point between August 12, 2020, and the present after playing in the CHL." The original representative lead plaintiff is Rylan Masterson, a hockey player who played two exhibition games as a sixteeen-year-old in 2022 for the CHL's Windsor Spitfires and was subsequently declared ineligible for Division I NCAA competition. He was joined in an amended complaint by Nicholas Avakyan, a 20-year-old hockey player who played three seasons in the CHL. Avakyan has filed a motion for a preliminary injunction (without Masterson) that seeks to force the NCAA to declare him eligible for NCAA competition immediately.
(No. 24-cv-00754, W.D.N.Y., Judge John L. Sinatra, Jr., filed August 12, 2024)
Current Status
In mid-October 2024, the NCAA Division I Council introduced a proposal that would change the bylaws challenged by the plaintiffs to allow former CHL (and equivalent) players to play in the NCAA so long as they were not paid more than "actual nad necessary expenses" as part of their pre-enrollment participation in semipro or professional leagues. The proposal was voted on and passed on November 7, 2024. The parties are currently negotiating whether the rule change resolves the issues raised by Masterson and Avakyan or whether the lawsuit would need to continue.
Latest Event: The plaintiffs filed a letter supporting the inclusion of new evidence in their sur-reply (4/15/2025)
Key Upcoming Dates
- N/A (awaiting scheduling for oral arguments on motion to dismiss)
Important Case Documents
- Operative Complaint (Amended Complaint, filed 9/25/2024)
- Nicholas Avakyan's Motion for Preliminary Injunction (filed 9/25/2024)
- Joint Status Report (filed 11/15/2024)
- NCAA and Schools' Memo in Support of Motion to Dismiss (filed 1/15/2025)
- Plaintiffs' Memo in Opposition to Motion to Dismiss (filed 2/28/2025)
Description of the Case
The state attorneys general of Ohio, Colorado, Illinois, New York, North Carolina, Tennessee, and West Virginia filed an antitrust lawsuit against the NCAA arguing that NCAA Bylaws 13.5.5.1 (the Transfer Eligibility Rule) and 12.11.4.2 (the Rule of Restitution) are illegal in the way that they prohibit athletes from transfering between schools without penalty. In an amended complaint, the plaintiff states were joined by the attorneys general of Virginia, Washington DC, Minnesota, Mississippi, and the United States.
(No. 23-cv-00100, N.D. W.Va., filed December 7, 2023)
Current Status
Following the court's finding that the NCAA's year-in-residence rule likely violates antitrust law and its order enjoining the NCAA from enforcing the rule moving forward, the parties reached a settlement agreeing to leave that injunction in place permanently, thus ending the litigation.
On April 7, 2025, University of San Francisco basketball player Robert Beasley reopened the docket by filing a motion for a temporary restraining order. He argues that the NCAA is violating the terms of the settlement by refusing to allow him an additional year. According to his memorandum in support, Beasley was deemed ineligible to play in 2023-24 as a "second transfer" under the year-in-residence rule and was only able to play in that season after this court enjoined that rule on 12/19/23. As such, he was only able to play about half of that season. He feels that under the terms of the settlement he is owed an additional year but the the NCAA has refused to grant his waiver, arguing that his partial year in 2023-24 counted as that additional year.
Latest Event: Judge Bailey issued an opinion and order denying Robby Beasley's motion for a temporary restraining order and preliminary injunction (4/15/2025)
Key Upcoming Dates
- N/A (awaiting docket closure and/or other steps by Beasley)
Important Case Documents
- Operative Complaint (filed 1/18/2024)
- Final Judgment and Permanent Injunction (filed 8/30/2024)
- Memorandum Order Granting Prelimnary Injunction (filed 12/13/2024)
- Robert Beasley's Motion for a Temporary Restraining Order (filed 4/7/2025)
- Memorandum Order Denying Robert Beasley's Motion for a Temporary Restraining Order (filed 4/14/2025)
- NCAA's Brief in Opposition to Robert Beasley's Motion for a Temporary Restraining Order (filed 4/11/2025)
- United States (DOJ) Brief in Opposition to Robert Beasley's Motion for a Temporary Restraining Order (filed 4/11/2025)
Description of the Case
The plaintiff in this case is Nyzier Fourqurean, a former (class of 2024) football player for the University of Wisconsin. In a manner similar to Diego Pavia in Pavia v. NCAA, Fourqurean seeks immediate injunctive relief stopping the NCAA from enforcing NCAA Bylaw 12.8.1 (the "Five-Year Rule") against him to allow him to play an additional year. He claims that his year at NCAA Division II Grand Valley State should not be counted against him, given his personal difficulties during that year and the fact that Division II does not offer the same economic and developmental opportunities as Division I. He wishes to stay in school to take advantage of NIL opportunities and House settlement revenue sharing.
(No. 25-cv-00068, W.D. Wisc., Judge William M. Conley, filed January 29, 2025)
(Appeal of Preliminary Injunction: No. 25-1187, 7th Cir., filed February 7, 2025)
Current Status
The court held a hearing on the Fourqurean's motion for a preliminary injunction on Tuesday, February 4. On Thursday, February 6, Judge Conley granted this motion, permanently enjoining the NCAA from enforcing the Five-Year Rule as to Fourqurean "absent a more meaningful demonstration that exceptions to that rule should not apply to plaintiff’s requested, additional season of eligibility given the unique circumstances surrounding his 2021-2022 season at Division II Grand Valley State University."
As Fourqurean had a February 7 deadline to declare for the NFL Draft, it was seen as likely that he would use this ruling to come back to school for 2025-25. However, the NCAA has filed notice that they will appeal the judge's decision to the Seventh Circuit Court of Appeals. It is unclear at this time whether they will seek emergency relief or whether they will simply be looking to overturn the precedent as a longer-term play. In a Twitter statement on the evening of February 7, Fourqurean announced that he would indeed pull his name from the NFL draft and "put [his] faith in the legal process and in Judge Conley's decision" to return to Wisconsin for the 2025 season.
The NCAA sought and was granted an expedited appeal for the Seventh Circuit. Per the appellate court's scheduling order, oral arguments will be scheduled during the week of May 27-30.
Latest Event: The court set oral arguments for May 28 (4/10/2025)
Key Upcoming Dates
- April 18, 2025: Appellee's (Fourqurean's) Opening Brief Due
- May 2, 2025: Appellant's (NCAA's) Reply Brief Due
- May 28, 2025 at 9:30 AM CT: Appellate oral arguments
Important Case Documents
- Complaint (filed 1/29/2025)
- Opinion and Order Granting Preliminary Injunction (filed 2/6/2025)
- NCAA's Opening Appellant Brief (filed 3/19/2025)
- Brief in Support of Motion for Temporary Restraining Order (filed 1/29/2025)
- NCAA's Brief in Opposition to Motion for Temporary Restraining Order (filed 2/3/2025)
Description of the Case
The plaintiff in this case is Alberto Osuna Sanchez, a baseball player who recently enrolled at the University of Tennessee. In a manner similar to Diego Pavia in Pavia v. NCAA, Osuna seeks immediate injunctive relief stopping the NCAA from enforcing NCAA Bylaw 12.8.1 (the "Five-Year Rule") against him to allow him to play an additional year. He claims that he is entitled to similar relief as Pavia given his two years spent at Walters State Community College (2019-20 and 2020-21) prior to enrolling at the University of North Carolina (2021-22, 2022-23, 2023-24), and the University of Tampa (2024-25). Following the Pavia ruling, he was recruited by and transfered to Kansas State and now seeks a waiver to allow him to play in the Spring 2025 for Tennessee, as at Tennessee he "has already received an NIL opportunity that exceeds any NIL opportunities he has previously had."
(No. 25-cv-00062, E.D. Tennessee, Judge Charles E Atchley, Jr., filed February 12, 2025)
Current Status
On March 3, 2025, Judge Atchley Jr. denied the plaintiff's motion for a preliminary injunction, writing that while he is "sympathetic to Plaintiff's position," the record has not yet been developed to show the likelihood of success necessary for a preliminary injunction. In doing so, the court somewhat split the difference between Pavia and Goldstein, finding that it is unclear where the lines are drawn between NCAA eligibility rules that are commercial or non-commercial activity and instead merely assumed without deciding that the rule is in fact commercial in nature.
Latest Event: The court granted the parties' joint motion for a second 30-day extension for the NCAA's response to the complaint, adding on a request for the parties to file a joint status report indicating whether they are awaiting a decision from the Sixth Circuit in Pavia v. NCAA (4/8/2025)
Key Upcoming Dates
- April 22, 2025: Deadline for the parties to file a joint status report
- May 12, 2025: Deadline for the NCAA to Respond to the Complaint
Important Case Documents
- Complaint (filed 2/12/2025)
- Opinion and Order Denying Motion for Preliminary Injunction (filed 3/3/2025)
- Opinion and Order Denying Motion for Temporary Restraining Order (filed 2/13/2025)
- Brief in Support of Motion for Temporary Restraining Order (filed 2/12/2025)
- NCAA Response Brief in Opposition to Motion for Temporary Restraining Order (filed 2/12/2025)
- Brief in Support of Motion for Preliminary Injunction (filed 2/19/2025)
- NCAA Response Brief in Opposition to Motion for Preliminary Injunction (filed 2/21/2025)
- Osuna Reply Brief in Support of Motion for Preliminary Injunction (filed 2/24/2025)
Description of the Case
College of Charleston basketball player Ante Brzovic filed this lawsuit challenging In a manner similar to Nyzier Fourqurean in Fourqurean v. NCAA, Brzovic seeks immediate injunctive relief stopping the NCAA from enforcing NCAA Bylaw 12.8.1 (the "Five-Year Rule") against him to allow him to play an additional year. He claims that his two years (2020-21, 2021-22) at NCAA Division II Southeastern Oklahoma State should not be counted against him, given his personal difficulties during that year and the fact that Division II does not offer the same economic and developmental opportunities as Division I. He wishes to stay in school to pursue his master's degree take advantage of NIL opportunities and House settlement revenue sharing, which he estimates at a minimum of $1 million for the 2025-26 school year.
(No. 25-cv-02885, D. South Carolina, filed April 6, 2025)
Current Status
A complaint has been filed, along with a motion for a temporary restraining order and preliminary injunction. With the plaintiff's stated deadline of April 26 (to decide whether to declare for the NBA Draft), the court may move quickly in setting a scheduling order and hearing on the injunctive motions.
Latest Event: The complaint and motion for a temporary restraining order and preliminary injunction were filed (4/6/2025)
Key Upcoming Dates
- N/A (awaiting responsive pleading or scheduling order)
Description of the Case
In this case, current University of North Carolina tennis player Reese Brantmeier and current Texas tennis player Maya Joint have challenged the NCAA's ban on individual athletes' ability to receive prize money for outside athletic competitions beyond "actual and necessary" expenses. As an example, Brantmeier claims in her complaint that she was forced to forfeit over $35,000 in prize money earned during the 2021 U.S. Open and other tournaments in 2021 and that the NCAA refused to certify her as an amateur for the 2022-23 school year, challenging some of her submitted expenses (e.g., a scanner to track and catalog receipts and a hotel room shared with her mother) as "unnecessary." She claims that under antitrust law there is no longer any justification for the restriction given that athletes in other sports like football and basketball are able to earn money from the participation in their sports through NIL deals.
This is a class action lawsuit seeking both injunctive relief (an injunction against the rule) and money damages. As of the filing of the amended complaint in November 2024 and the filing of a renewed motion for class certification in February 2025, the defined class includes all current and former (within the five year statute of limitations) Division I tennis athletes, rather than the originally pled class of all Division I individual sport athletes. The original representative plaintiff is University of North Carolina tennis player Reese Brantmeier. Brantmeier was joined in the lawsuit by current Texas tennis player Maya Joint in the amended complaint. The original case also included a declaration by Nebraska bowler Jillian Martin, but she was not included in the more narrow drawing of the case in the amended complaint.
(No. 24-cv-00238, M.D.N.C., Judge Catherine C. Eagles, filed March 18, 2024)
Current Status
On October 7, 2024, Judge Eagles denied Brantmeier's motion for a preliminary injunction, finding that Brantmeier had not shown a likelihood of success on the merits. Per Judge Eagles, while Brantmeier "has affirmatively shown that significant sums of prize money are available for a few elite athletes in a few Individual Sports" like tennis and bowling, she has not shown that the prize money restrictions have an anticompetitive effect on the individual athlete market generally.
In response, Brantmeier withdrew her motion for class certification and filed an amended complaint, adding Maya Joint and narrowing the proposed plaintiff class to just include tennis athletes. The NCAA responded to this amended complaint with an answer and not a motion to dismiss, so the case will proceed to discovery and trial.
Latest Event: The NCAA filed a notice voluntarily withdrawing their affirmative defenses that are based on collateral estoppal from the House v. NCAA settlement (4/2/2025)
Key Upcoming Dates
- May 5, 2025: Deadline for the plaintiffs to file a reply in support of their motion for class certification
- July 7, 2025 at 9:30 AM ET: Hearing on Class Certification Motion
- December 15, 2025: Deadline to file dispositive motions (i.e., motions for summary judgement)
- January 16, 2026: Deadline to file responses to dispositive motions
- January 30, 2026: Deadline to file replies to responses to dispositive motions
- Summer 2026: Trial on date to be determined
Important Case Documents
- Operative Complaint (Amended Complaint, filed 11/8/2024)
- Brief in Support of Motion For Class Certification (filed 2/7/2025)
- Response in Opposition to Plaintiffs' Motion for Class Certification (filed 3/28/2025)
- Notice by NCAA of Withdrawal of Certain Affirmative Defenses (filed 4/2/2025)
- District Court Opinion denying plaintiff's motion for a preliminary injunction (10/7/2024)
Description of the Case
This lawsuit filed by Vanderbilt quarterback Diego Pavia seeks a declaration that the combination of NCAA Bylaw 12.8 (granting four years of eligibility in five years regardless of whether the athlete is playing sports or playing at a non-NCAA school) and NCAA Bylaw 12.02.6 (defining intercollegiate competition as including competition at both four-year and two-year institutions) is illegal under antitrust law. Pavia claims that the fact that the rule subtracts one year of NCAA eligibility while players are playing at junior colleges has no procompetitive basis and deprives athletes from time where higher NIL earnings are available to them, i.e., while they are playing at Division I four-year institutions. Pavia claims that the NCAA's implementation of a COVID extension year that allowed some athletes to play five years in six calendar years shows that there is no real justification behind Bylaw 12.8
(Original District Court Filing: No. 24-cv-01336, M.D. Tenn., Chief Judge William L. Campbell, Jr., filed November 8, 2024)
(Appeal of Preliminary Injunction: No. 24-6153, 6th Cir., filed December 26, 2024)
Current Status
On December 18, 2024, Judge Campbell granted Pavia's motion for a preliminary injunction, ordering the NCAA to allow him to play in 2025. The NCAA has filed an appeal of this ruling to the Sixth Circuit Court of Appeals, though they also (outside of court) granted a blanket waiver that will allow Pavia and all other athletes who played at non-NCAA Division I schools prior to enrollment at an NCAA Division I school an extra year of eligibility if they would exhaust their eligibility this year.
Latest Event: A variety of education organizations led by the American Council on Education filed an amicus brief in support of the NCAA (3/28/2025)
Key Upcoming Dates
- April 21, 2025: Appellee (Pavia) Brief Due
- 21 days after appellee brief: NCAA Optional Reply Brief Due
Important Case Documents
- Complaint (filed 11/8/2024)
- Memorandum Order Granting Motion for Preliminary Injunction (filed 12/18/2024)
- NCAA's Opening Appellant Brief (filed 3/21/2025)
- Amicus Brief of the American Council on Education et al in Support of the NCAA (filed 3/28/2025)
- NCAA Filing Answering Judge Campbell's Question About Rumored Years of Eligibility Proposals (filed 12/10/2024)
- Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction (filed 11/8/2024)
- Response in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction (filed 11/8/2024)
Description of the Case
The plaintiff in this case is Trey Ciulla-Hall, a master's student at the Univeristy of Maryland. In a manner similar to Diego Pavia in Pavia v. NCAA, Ciulla-Hall seeks immediate injunctive relief stopping the NCAA from enforcing NCAA Bylaw 12.8.1 (the "Five-Year Rule") against him to allow him to play an additional year. He claims that his year at NCAA Division II Stonehill College should not be counted towards his eligibility, given his personal difficulties during that year and the fact that Division II does not offer the same economic and developmental opportunities as Division I. He wishes to stay in school to take advantage of NIL opportunities and House settlement revenue sharing.
(No. 25-cv-10271, D. Massachusetts, Judge Denise J. Casper, filed February 4, 2025)
Current Status
Judge Casper has denied the plaintiff's emergency motion for a temporary restraining order, citing an "underdeveloped record" and the fact that the "emergency circumstances [] are not of the NCAA"s making, making, and in fact, appear at least in part attributable to Ciulla-Hall’s delay in seeking injunctive relief."
The plaintiff had based his emergency motion on a February 7 deadline to enroll in spring classes at Maryland. With this in mind, it is unclear whether this case will continue.
Latest Event: The court denied the plaintiff's emergency motion for a temporary restraining order (2/7/2025)
Key Upcoming Dates
- N/A (awaiting briefing schedule)
Important Case Documents
- Complaint (filed 2/4/2025)
- Opinion and Order Denying Emergency Temporary Restraining Order (filed 2/7/2025)
- Amended Memorandum in Support of Motion for Temporary Restraining Order (filed 2/5/2025)
- NCAA's Brief in Opposition to Motion for Temporary Restraining Order (filed 2/6/2025)
- Plaintiff's Reply in Support of Motion for Temporary Restraining Order (filed 2/7/2025)
- NCAA's Sur-Reply in Opposition to Motion for Temporary Restraining Order (filed 2/7/2025)
Description of the Cases
This group of lawsuits are filed by several groups of former star football and men's basketball players and attack the NCAA's longstanding ban on college athletes earning compensation for the use of their NIL in game broadcasts and highlights. Specifically, the suits claim that the NIL waivers that athletes used to sign as part of their national letters of intent were the product of an anticompetitive environment (as athletes could not go to other schools who might not require such an agreement), and that but for that waiver, athletes would be able to negotiate for the continued use of their NIL in game broadcast replays and highlights in NCAA-related media (i.e., on their website and on YouTube). Each are based in antitrust law, with the two cases that are filed in state courts, Bailey (NC) and Bush (CA), alleging violations of the relevant state antitrust law.
One key issue with these cases will be the statute of limitations, a legal concept that requires lawsuits to be filed within a certain period after the alleged harm. For antitrust law, the statute of limitations is four years, which explains why the House v. NCAA case and settlement class is limited to athletes who played after June 16, 2016 (as House was filed on June 15, 2020). Based on their complaint, it appears that the plaintiffs will counter this affirmative defense based on the continuing harm doctrine, arguing that the continued use of their NIL through the showing and sale of old game highlights continues to violate their rights.
Each of these lawsuits are class action lawsuits that seek to include (in various forms) all NCAA Division I athletes who participated in NCAA sports prior to June 15, 2016, which is the cutoff date for athletes part of the House v. NCAA case and settlement, and whose NIL has been used or licensed for commercial purposes by the NCAA, the Power Five conferences, or Veritone (an NCAA contractor tasked with archiving footage). Representative plaintiffs for each case include:
Chalmers v. NCAA
(No. 24-cv-05008, S.D.N.Y., Judge Paul A. Engelmayer, filed July 1, 2024)
Current Status
In Chalmers, the plaintiffs have filed an amended complaint, in part to clarify and highlight their reliance on the continuing harm doctrine to beat the statute of limitations affirmative defense. The defendants filed a motion to dismiss, arguing that the claims are time-barred, are barred by the O'Bannon and Alston settlement released, and are not based on a cognizable property right.
Latest Event: The court noted that oral arguments for the defendants' motions to dismiss were held on January 27, 2025 (1/28/2025)
Key Upcoming Dates
- N/A (awaiting decision on the defendants' Motion to Dismiss)
Important Case Documents
- Chalmers v. NCAA: Operative Complaint (Amended Complaint, filed 11/14/2024)
- Chalmers v. NCAA: Defendants' Memorandum of Law in Support of Motion to Dismiss Amended Complaint (filed 12/2/2024)
- Chalmers v. NCAA: Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss Amended Complaint (filed 12/16/2024)
Bailey v. NCAA
(No. 2024CVS17715-910, N.C. Super. Ct., filed June 10, 2024)
Current Status
In Bailey, the NCAA has filed a motion to dismiss, arguing that the plaintiffs' claims are time-barred, are not based in a cognizable right under antitrust law, and are covered by the O'Bannon judgment back in 2015. The NCAA filed a motion to stay proceedings until Chalmers is decided by the Southern District of New York, but this motion was denied on March 25, 2025. The court has since set a hearing on the NCAA's motion to dismiss on Wednesday, May 28 at 9:30 AM ET in Raleigh, NC.
Note: Because this is a state court case that must be manually checked, updates in this case will be less regular and often delayed.
Latest Known Event: The court set a hearing on the NCAA's motion to dismiss (4/1/2025)
Important Case Documents
- Bailey v. NCAA: Operative Complaint (First Amended Complaint, filed 8/23/2024)
- Bailey v. NCAA: Brief in Support of the NCAA's Motion to Dismiss (filed 10/21/2024)
- Bailey v. NCAA: Memo in Opposition to the NCAA's Motion to Dismiss (filed 11/6/2024))
- Bailey v. NCAA: Reply Brief in Support of the NCAA's Motion to Dismiss (filed 11/20/2024)
Robinson v. NCAA
(No. 24-cv-12355, E.D. Mich., Judge Terrence G. Berg, filed September 10, 2024)
Current Status
The plaintiffs have filed an amended complaint and a motion to certify the class. The court is now awaiting a response to that amended complaint, and has suspended all other deadlines (including the plaintiffs' motion for class certification) until after the resolution of the defendants' incoming motions to dismiss.
Latest Event: The defendants filed reply briefs in support of their responsive motions (4/14/2025)
Key Upcoming Dates
- N/A (awaiting scheduling of hearing on oral arguments)
Important Case Documents
- Robinson v. NCAA: Operative Complaint (Corrected Amended Complaint, filed 12/3/2024)
- Robinson v. NCAA: Corrected Motion to Certify the Class (filed 12/13/2024)
- Robinson v. NCAA: Big Ten Network Motion to Dismiss (filed 1/13/2025)
- Robinson v. NCAA: Plaintifs' Response to Big Ten Network Motion to Dismiss (filed 3/13/2025)
- Robinson v. NCAA: NCAA and Big Ten Motion to Dismiss (filed 1/13/2025)
- Robinson v. NCAA: Plaintifs' Response to NCAA and Big Ten Motion to Dismiss (filed 3/13/2025)
- Robinson v. NCAA: NCAA and Big Ten Motion to Transfer Venues or Stay Proceedings (filed 1/13/2025)
- Robinson v. NCAA: Plaintifs' Response to NCAA and Big Ten Motion to Transfer Venues or Stay Proceedings (filed 3/13/2025)
Bush v. NCAA
(No. 24STCV24615, Cal. Super. Ct. (Los Angeles), filed September 23, 2024)
Current Status
The plaintiff filed his complaint and the court set a preliminary schedule.
Latest Event: Bush filed a notice of posting of jury fees (11/15/2024)
Note: Because this is a state court case that must be manually checked, updates in this case will be less regular and often delayed. Document uploads will also be less frequent due to the prohibitive cost of the California court system ($1 per page up to 5 pages + $0.40 per page beyond that vs. $0.10 per page in the federal courts).
Important Case Documents
Pryor v. NCAA
(No. 24-cv-04019, S.D. Ohio, Chief Judge Sarah D. Morrison, filed October 4, 2024)
Current Status
The plaintiff filed his complaint, and each defendant has filed motions to dismiss. Ohio State claims sovereign immunity, the NCAA and Big Ten claims that the plaintiff's claims are time barred, barred by the Alston and Keller settlement releases, and are not based in a valid antitrust injury, and Learfield claims that the plaintiff's claims are barred by the Noerr-Pennington state action doctrine due to their relationship with Ohio State. The NCAA and Big Ten have also filed a motion to transfer venues to the Southern District of New York (to be heard alongside the Chalmers case) or to stay the case until Chalmers has been resolved.
Latest Event: The defendants filed reply briefs in support to their various motions to dismiss (3/21/2025)
Key Upcoming Dates
- N/A (awaiting scheduling of oral arguments on motions to dismiss)
Important Case Documents
- Pryor v. NCAA: Complaint (filed 10/4/2024)
- Pryor v. NCAA: NCAA and Big Ten Brief in Support of Motion to Dismiss (filed 1/3/2025)
- Pryor v. NCAA: Response in Opposition to NCAA and Big Ten Motion to Dismiss (filed 2/24/2025)
- Pryor v. NCAA: NCAA and Big Ten Brief in Support of Motion to Transfer Venues or Stay Proceedings (filed 1/3/2025)
- Pryor v. NCAA: Response in Opposition to Motion to Change Venue or Stay Proceedings (filed 2/24/2025)
- Pryor v. NCAA: Ohio State Brief in Support of Motion to Dismiss (filed 1/3/2025)
- Pryor v. NCAA: Response in Opposition to Ohio State Motion to Dismiss for Lack of Jurisdiction (filed 2/24/2025)
- Pryor v. NCAA: Learfield Brief in Support of Motion to Dismiss (filed 1/3/2025)
- Pryor v. NCAA: Response in Opposition to Learfield Motion to Dismiss (filed 2/24/2025)
Description of the Case
This lawsuit is the aftermath of the University of Florida's recruitment of quarterback Jaden Rashada, who now plays for the University of Georgia. Rashada alleges that he was induced to flip his commitment from the University of Miami (and forgo an alleged $9.5 million NIL deal with Miami boosters) based on a promise that Florida's NIL collective, The Gator Collective, would sign him to a $13.85 million deal if he signed with Florida instead. Once Rashada signed his national letter of intent, those involved with his recruitment at Florida backed out of this commitment and claimed that no such promise was ever made.
Rashada has sued four defendants: Florida head football coach William "Billy" Napier, former Florida Director of Player Engagement & NIL Marcus Castro-Walker, Florida booster Hugh Hathcock, and Hathcock's company, Velocity Automotive Solutions.
(No. 24-cv-00219, N.D. Fla., Judge M. Casey Rodgers, filed May 21, 2024)
Current Status
Each party has filed a motion to dismiss the case. The court held a hearing on these motions on December 18, 2024. On April 8, 2025, Judge Rodgers issued an opinion and order granting and part and denying in part the defendants motions to dismiss. Counts I (fraudulent misrepresentation and fraudulent inducement), II (aiding and abetting fraud), III (conspiracy to commit fraud), and V (negligent misrepresentation) survived while Counts IV (independent tort of conspiracy), VI (tortious interference), and VII (aiding and abetting tortious interference) were dismissed. Additionally, the vicarious liability claims against Velocity Automotive survived to the extent that they were not otherwise dismissed. Barring any appeal, this will send the cases to discovery.
Latest Event: The court set a pretrial conference date (4/8/2024)
Key Upcoming Dates
- April 23, 2025 at 9:00 AM CT: Pretrial Conference
Important Case Documents
- Operative Complaint (Amended Complaint, filed 8/13/2024)
- Opinion and Order Granting in Part and Denying Defendants' Motions to Dismiss (filed 4/8/2025)
- Motion to Dismiss filed by William Napier (filed 10/28/2024)
- Motion to Dismiss filed by Marcus Castro-Walker (filed 10/28/2024)
- Motion to Dismiss filed by Hugh Hathcock (filed 10/28/2024)
- Motion to Dismiss filed by Velocity Automotive Solutions (filed 10/28/2024)
Description of the Case
This case involves a lawsuit by Louisiana State women's basketball player Last-Tear Poa -- an Australian national -- against the U.S. Citizen and Immigration Services (USCIS) after the agency's denial of Poa's P-1A visa. International college athletes currently cannot enter into NIL deals on F-1 student visas (which do not permit off-campus and non-curricular work), and as such some athletes have sought P-1A visas (visas for internationally recognized athletes) instead. According to Poa's attorney, Poa's request was denied because (1) her proposed NIL activities were not seen as "ancillary promotional activities" and are unrelated to her status as an athlete, (2) her NIL representation agreement is not an agency agreement; and (3) she cannot attend school on a P-1A visa. Poa is challenging this ruling and the overall limits on P-1A visa access for college athletes.
Note: This docket is sealed, so access to documents and deeper specifics on the case will be limited.
(No. 24-cv-00887, M.D. La., filed October 24, 2024)
Current Status
USCIS has filed a motion to dismiss the case on the basis that there is no legal merit to the plaintiff's claim.
Latest Event: The court set a hearing on USCIS's motion to dismiss (4/8/2025)
Key Upcoming Dates
- May 13 at 10:00 AM CT: Hearing on Motion to Dismiss
Important Case Documents
- Unavailable (sealed).
Description of the Case
The plaintiffs in this lawsuit claim that they are employees and thus must be paid at the federal minimum wage (including time-and-a-half overtime) in accordance with the Fair Labor Standards Act (FLSA) (9 U.S.C. §§ 201 et seq.) and similar state wage-and-hour law. They claim that their performance as athletes for universities constitutes work for those universities and thus creates an employment relationship.
This is a class action lawsuit involving several different classes: one FLSA collective action class for all Division I athletes in all sports and all genders within the FLSA statute of limitations and other classes for athletes who competed for universities in several different states (PA, NY, CT, NC, OR, LA, AZ, and IN). Representative lead plaintiffs are former Villanova football player Ralph "Trey" Johnson, former Fordham swimming and diving athlete Stephanie Kerkeles, former Fordham baseball player Nicholas Labella, former Sacred Heart tennis player Claudia Ruiz, former Cornell soccer player Jacob Willebeek-Lemair, former Lafayette tennis player Alexa Cooke, former Oregon track-and-field athlete Rhesa Foster, former Tulane football player Zachary Harris, former Notre Dame lacrosse player Matthew Schmidt, former Arizona softball player Tamara Schoen Statman, former Purdue softball player Gina Snyder, former Duke track-and-field athlete Esteban Suarez, and former Marist lacrosse player Liam Walsh.
(Original District Court Filing: No. 19-cv-05230, E.D. Penn., Judge John R. Padova, filed November 6, 2019)
(Appeal of Denial of Motion to Dismiss: No. 22-1223, 3d Cir., Judges Restrepo, Porter, and McKee, filed February 8, 2022, closed August 2, 2024)
Current Status
In July 2024, the Third Circuit Court of Appeals issued an opinion finding that some college athletes can and should be considered employees under the FLSA. In doing so, they developed a four-part test for determining whether particular athletes should be considered employees. Under this test, college athletes may be employees under the FLSA when they (a) perform services for another party, (b) "necessarily and primarily for the other party's benefit," (c) under that party's control or right of control, and (d) in return for "express" or "implied" compensation or "in-kind benefits."
Since then, the plaintiffs have filed their third amended complaint, which is now targeted towards the new test developed by the Third Circuit Court of Appeals in distinguishing between college athletes who should be considered employees and college athletes who merely 'play' their sport without a working relationship.
On March 24, 2025, each of the defendants filed motions to dismiss. The NCAA filed the broad, more substantive motion to dismiss, arguing that the plaintiffs failed to claim that they are employees of any of the schools or the NCAA under the FLSA using the new Third Circuit test, and asking the court to dismiss the claims with prejudice, thus not allowing for a fourth amended complaint. While the schools each asked to join the NCAA's motion, several of the schools also filed individual motions to dismiss on separate legal theories. Duke filed a motion to dismiss the case or move the part of it involving a former Duke athlete plaintiff to the Eastern District of North Carolina, arguing that they do not have sufficient ties to the Eastern District of Pennsylvania for personal jurisdiction to apply to them. Tulane filed a similar motion to dismiss on personal jurisdiction grounds, as did Notre Dame. The University of Arizona filed a brief to dismiss based on sovereign immunity, and Purdue and Oregon collectively filed a similar defense based on Indiana and Oregon state law. Cornell filed a motion to dismiss arguing that the complaint is an improper "shotgun" complaint that does not put them on notice for what the case is about, and also that the claims have no legal merit. Marist College argued lack of personal jurisdiction, that the alumnus plaintiff didn't meet the statute of limitations, and that he does not have a legal claim. Finally, Villanova, Sacred Heart, and Lafayette argue for dismissal on the merits of the Third Circuit test.
Latest Event: The defendants filed various motions to dismiss (3/24/2025)
Key Upcoming Dates
- May 23, 2025: Deadline for the plaintiffs to file oppositions to the defendants' motions to dismiss the third amended complaint
- July 7, 2025: Deadline for the defendants to file replies in support of their motions to dismiss the third amended complaint
- August 6, 2025: Deadline for the plaintiffs to file sur-replies in opposition to the defendants' motions to dismiss the third amended complaint
Important Case Documents
- Operative Complaint (Third Amended Complaint, filed 11/4/2024)
- Third Circuit Opinion (filed 7/11/2024)
- Memo in Support of NCAA's Motion to Dismiss Third Amended Complaint (filed 3/24/2025)
- Memo in Support of Duke University's Motion to Dismiss Third Amended Complaint (filed 3/24/2025)
- Memo in Support of University of Arizona's Motion to Dismiss Third Amended Complaint (filed 3/24/2025)
- Memo in Support of Tulane University's Motion to Dismiss Third Amended Complaint (filed 3/24/2025)
- Memo in Support of University of Notre Dame's Motion to Dismiss Third Amended Complaint (filed 3/24/2025)
- Memo in Support of Cornell University's Motion to Dismiss Third Amended Complaint (filed 3/24/2025)
- Memo in Support of Purdue University and University of Oregon's Motion to Dismiss Third Amended Complaint (filed 3/24/2025)
- Memo in Support of Marist College's Motion to Dismiss Third Amended Complaint (filed 3/24/2025)
- Memo in Support of Villanova University, Sacred Heart University, and Lafayette College's Motion to Dismiss Third Amended Complaint (filed 3/24/2025)
- Memo in Support of Fordham University's Motion to Dismiss Third Amended Complaint (filed 3/24/2025)
Description of the Case
In this NLRB case based on a charge by the National College Players Association (NCPA) and litigated by the general counsel's office of the NLRB, the NLRB general counsel claims that the scholarship and non-scholarship walk-on players of the University of Southern California (USC) football and men's and women's basketball teams are employees of Southern Cal, the Pac-12 Conference*, and the NCAA as joint employers. The general counsel bases this claim based on the services provided by the players to the university, conference, and NCAA, and control the three parties collectively assert over "many aspects of the Players’ labor and services," including, for example, "their work hours, the hiring/recruiting process, supervision and discipline, limitations on Players’ income, eligibility requirements, transfer restrictions, mandatory testing requirements, interviews and social media, academics, attire, vehicles, curfews, bed checks, and Name, Image and Likeness limitations."
* Note: The case was brought before USC's transition from the Pac-12 Conference to the Big Ten Conference, so the responding party is still the Pac-12 Conference. The Pac-12 Conference has argued that there is no longer a live controversy against them for this reason, and that claims must now be directed towards the Big Ten, though no such measures have been taken as of this writing.
(No. 31-CA-290326, NLRB Region 31, filed February 8, 2022, charge filed May 18, 2023)
Current Status
Hearings were held before NLRB administrative judge Eleanor Laws on December 18-20, 2023; January 22-February 2, 2024; February 26-29, 2024; and April 16-18, 2024. The parties then each submitted post-hearing briefs on July 31-August 1, 2024. The parties are now awaiting decision by ALJ Laws.
However, the NCPA filed a motion on January 10, 2025, asking to withdraw the case, citing the revenue sharing components of the House settlement. ALJ Laws has asked all involved parties to respond by January 23 if they do not want the case dismissed.
Latest Event: USC filed a response to the ALJ's motion to show cause agreeing that the case should be dismissed (1/23/2025)
Key Upcoming Dates
- N/A (awaiting ALJ decision)
Important Case Documents
- Complaint and Notice of Hearing (filed 5/18/2023)
- NLRB Post-Hearing Brief to ALJ (filed 7/31/2024)
- Pac-12 Conference Post-Hearing Brief to ALJ (filed 7/31/2024)
- University of Southern California Post-Hearing Brief to ALJ (filed 8/1/2024)
- NCAA Post-Hearing Brief to ALJ (filed 8/1/2024)
- NCPA Motion to Withdraw (filed 1/10/2025)
Description of the Case
The University of Oregon varsity beach volleyball and club women's rowing teams allege that the University of Oregon has discriminated against them in providing unequal resources between men's and women's teams on campus. In sum, the plaintiffs have three overarching claims: an equal treatment claim, an equal financial aid claim, and an equal opportunities to participate claim.
Specific to the beach volleyball team, the plaintiffs claim that Oregon has subjected the team to dramatically disparate conditions, including having them play at a public park run by the city of Eugene with a bathroom with no stall doors (due to the city’s concerns about squatters and drug use) and only one small bench as seating for team members and/or spectators with the only available locker room facilities on campus two miles away. Additionally, the team claims that the university has repeatedly broken promises to remedy these conditions by building an on-campus facility. The team has compared these conditions to the array of amenities (including the availability of athletic scholarships) granted to men's teams like Oregon's football team to show that Oregon has not provided equal opportunities as required under Title IX. The beach volleyball team is arguing for increased travel funding, facility access, and NIL support to remedy the claimed disparity.
Similarly, the rowing team claims that Oregon has not provided substantially proportional opportunities between male and female athletes on campus overall, arguing that Oregon should be required to elevate their team to a varsity level to remedy the claimed disparity.
This is a class action lawsuit with classes for the beach volleyball plaintiffs (equal treatment claim, equal financial aid claim) and the rowing plaintiffs (equal opportunities to participate claim).
(No. 23-cv-01806, D. Oregon, Judge Michael J. McShane, filed December 1, 2023)
Current Status
The University of Oregon has filed motions arguing that the case should be narrowed and/or dismissed on three grounds. First, the university argued in a motion to dismiss for lack of subject matter jurisdiction on the basis that some of the plaintiffs have graduated and/or left the team or university and thus do not have standing to argue for injunctive relief. Second, the university argued in a motion for partial summary judgment that claims for many of the plaintiffs were not filed in time under the requisite statute of limitations for Title IX claims. Third, the university argued in a motion for judgment on the pleadings that the plaintiffs improperly only compare the beach volleyball team to Oregon's football team (rather than comparing men's and women's sports as a whole) and that the plaintiffs' NIL-based Title IX theories are unsupported by Title IX precedent. The defendants responded in opposition to these motions on November 7, 2024.
The court heard oral arguments on these three dispositive motions on February 26, 2025, taking them all under advisement and staying discovery until they are decided. On April 4, 2025, the court issued an opinion and order denying most of these motions, granting only the defendant's motion to dismiss equitable relief claims made by plaintiffs who were not yet enrolled at UO at the time of filing. Otherwise, the court held that the plaintiffs do have standing to make their claims and are not time-barred under the statute of limitations. And while Judge McShane took some issue with the heavy comparison made to the UO football team rather than UO men's programs as a whole, he did find that the allegations made in the complaint as a whole were sufficient at this stage of the proceedings. This opinion will send the case into discovery and towards trial.
Latest Event: The court granted the parties' joint motion to amend the case schedule, setting new discovery deadlines (4/17/2025)
Key Upcoming Dates
- September 22, 2025: Deadline for Plaintiffs' Motion for Class Certification
- October 22, 2025: Deadline for Defendants' Response to Plaintiffs' Motion for Class Certification
- November 21, 2025: Deadline for Plaintiffs' Reply in Support of Their Motion for Class Certification
- February 20, 2026 (or 60 days after the court rules on class certification motion): Deadline for discovery to be completed
- April 6, 2026 (or 45 days after discovery deadline): Deadline for expert witness disclosures
- June 5, 2026 (or 60 days after the deadline for expert disclosures): Deadline for expert witness discovery (reports, interrogatories, and depositions)
- July 7, 2026 (or 30 days after the deadline to complete expert discovery): Deadline for either or both parties to file dispositive motions (i.e., motions for summary judgment)
Important Case Documents
- Complaint (filed 12/1/2023)
- Opinion and Order (Mostly) Denying UO's Motions to Dismiss, for Judgment on the Pleadings, and for Summary Judgment (filed 4/4/2025)
- Defendant's Motion for Motion to Dismiss for Lack of Subject Matter Jurisdiction (filed 7/5/2024)
- Plaintiffs' Response to Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction (filed 11/7/2024)
- Defendant's Motion for Partial Summary Judgment (filed 7/5/2024)
- Plaintiffs' Response to Defendant's Motion for Partial Summary Judgment (filed 11/7/2024)
- Defendant's Motion for Judgment on the Pleadings (filed 7/5/2024)
- Plaintiffs' Response to Defendant's Motion for Judgment on the Pleadings (filed 11/7/2024)
- Defendant's Motion for a Protective Order to Stay Discovery Pending the Court's Rulings on the Three Dispositive Motions (filed 1/14/2025)
Description of the Case
The plaintiff, Christopher Logan, is the former head women's soccer coach at the University of North Dakota (UND). He alleges that he was illegally fired in retaliation for reporting gender-based inequities between the men's and women's athletic facilities on campus. Specifically, he alleeges that the women's soccer field did not meet NCAA-recommended dimensions, presented numerous safety hazards (e.g., significant declines at field edges, a deep embankment near the goal, etc.), lacked proper security and enclosure, and only had two smaller bleachers for spectators and a small shed for a press box. On March 2, 2024, Logan emailed UND administration with these complaints. After the complaints were presumably inadequately addressed, the team filed a formal Title IX complaint in October 2024. Logan then participated in Title IX investigatory meetings throughout October and November until, on November 25, 2024, he was informed that his contract would not be renewed when it was set to expire on December 31, 2024. Senior Associate Athletic Director Liz Jarnigan allegedly told a current UND coach that the Title IX complaint influenced UND's decision not to renew Logan's contract.
Logan has alleged retaliation in violation of Title IX, a violation of North Dakota's state Whistleblower Act. He seeks a declaratory judgment that UND's conduct violated Title IX, compensatory damages for economic and non-economic (emotional/reputational) losses, injunctive relief requiring UND to be better trained on and comply with Title IX, and attorneys fees.
(No. 25-cv-00085, D. North Dakota, filed April 16, 2025)
Current Status
A complaint has been filed, with responsive pleading to come.
Latest Event: The complaint was filed (4/16/2025)
Key Upcoming Dates
- N/A (awaiting responsive pleading or scheduling order)
Important Case Documents
Description of the Case
A group of female lacrosse athletes at California State University, Fresno (Fresno State) filed this Title IX lawsuit against their school after the school eliminated its men's wrestling, men's tennis, and women's lacrosse teams after the 2020-21 seasons. The suit argues that Fresno State has failed to provide female students effective accommodations by not providing equal opportunities to participate in varsity athletics and by failing to provide female athletes with an equal allocation of financial aid and other benefits.
This is a class action lawsuit involving all current, present, and future female athletes at Fresno State who did not recieve proportional athletic aid and treatment and benefits. Representative lead plaintiffs are former Fresno State lacrosse players Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Tara Weir, and Courtney Walburger.
(Original District Court Filing: No. 21-cv-00179, E.D. Cal, Senior District Judge Kimberly J. Mueller, filed February 12, 2021)
(Appeal of Denial of Class Certification: No. 23-15265, 3d Cir., Judges Gould, Koh, and Desai, filed February 8, 2022, closed August 2, 2024)
Current Status
On April 21, 2021, the court granted a preliminary injunction, forcing Fresno State to continue supporting its women's lacrosse team while also compelling Fresno State to provide "a dedicated locker room and practice space for the women's lacrosse team; equip the women's lacrosse team for competition; and provide the women's lacrosse team with funding and benefits on par with the average in each respect provided to Fresno State's existing varsity teams." The litigation continued in pursuit of a permanent injunction and damages. On July 22, 2021, the court then denied the defendants' motion to dismiss the effective accommodation and equal treatment claims while granting the defendants' motion on the financial aid claim, while granting the plaintiffs the ability to file an amended complaint to better address that issue, which they did on August 12, 2021, though the court dismissed this claim again on October 29, 2021, this time with prejudice.
The plaintiffs' equal accommodation and equal treatment claims have remained, and a key issue in this case since then has been class certification, which would allow the lead plaintiffs to file on behalf of all female students at Fresno State instead of just themselves. On August 16, 2022, the district court denied the plaintiffs' motion for class certification, finding that the proposed named representatives were inadequate to represent the entire class. This decision was overturned by the Ninth Circuit on appeal on January 17, 2024, and the plaintiffs filed a renewed motion for class certification back at the district court. As this was ongoing, Fresno State filed a renewed motion to dismiss, arguing that since all of the named plaintiffs have graduated their claims are now moot.
On March 10, 2025, the court denied the defendants' motion to dismiss the case as moot, finding that if the case were not allowed to continue, Fresno State could be "allowed to continue to harm similarly situated female athletes by eliminating teams or subjecting them to unlawful treatment without facing any possibility of consequences," especially if they were able to simply delay proceedings until after the plaintiffs had all graduated. The court also granted the plaintiffs' motion for class certification, certifying the effective accommodations class as "Current and future female Fresno State students who: (i) have lost membership on a women’s varsity intercollegiate athletics team at Fresno State; (ii) have sought but not achieved membership on a women’s varsity intercollegiate athletics team at Fresno State; and/or (iii) are able and ready to seek membership on a women’s varsity intercollegiate athletics team at Fresno State but have not done so due to a perceived lack of opportunity" and the equal treatment class as "Current and future female Fresno State students who: (i) participate or have participated in women’s varsity intercollegiate athletics at Fresno State; and/or (ii) are able and ready to participate in women’s varsity intercollegiate athletics at Fresno State but have been deterred from doing so by the treatment received by female varsity intercollegiate student-athletes at Fresno State." The case will now continue towards trial.
Latest Event: The court held a status conference, ordering the parties to (1) meet and confer to determine what discovery is needed for settlement talks; (2) put together deadlines for discovery; (3) schedule a settlement conference; and (4) file a further joint report regarding scheduling if talks break down (3/27/2025)
Key Upcoming Dates
- April 18: Deadline for joint status report on discovery needed for settlement talks
Important Case Documents
- Operative Complaint (Second Amended Complaint, filed 8/12/2021)
- Memorandum Opinion and Order Denying Defendants' Motion to Dismiss as Moot and Granting Plaintiffs' Motion for Class Certification (filed 3/10/2025)
- Ninth Circuit Decision Overturning District Court's Denial of Class Certification (filed 1/17/2024)
- Memorandum Opinion and Order Granting Motion to Dismiss Financial Aid Count of Second Amended Complaint (filed 10/29/2021)
- Memorandum Opinion and Order Granting in Part and Denying in Part Motion to Dismiss (filed 7/22/2021)
- Memorandum Opinion and Order Granting in Part and Denying in Part Plaintiffs' Motion for Preliminary Injunction (filed 4/21/2021)
Description of the Case
A group of former Ivy League female swimmers filed this lawsuit attacking the NCAA and Ivy League's Transgender Eligibility Policies, claiming that the policies are discriminatory towards women and deprive women of equal opportunity in violation of Title IX by allowing transgender women born as males to participate in NCAA women's sports. The plaintiffs in particular focus on the Ivy League allowing former University of Pennsylvania swimmer Lia Thomas -- a transgender woman -- to compete in the women's 500-yard freestyle event at the 2022 Ivy League Championships and NCAA Division I Swimming and Diving Championship hosted at Harvard.
The lawsuit is led by three athletes who participated in the 2022 NCAA Swimming and Diving Championship: former UPenn swimmer Grace Estabrook, former UPenn swimmer Margot Kaczorowski, and former UPenn Ellen Holmquist.
Defendants in the suit include the Ivy League Council of Presidents, the Presidents and Fellows of Harvard College, the Trustees of the University of Pennsylvania, and the NCAA.
(No. 25-cv-10281, D. Mass., Judge William G. Young, filed February 4, 2025)
Current Status
The plaintiffs have their initial complaint.
Latest Event: The court granted the parties' second consent motion to extend the deadline for the defendants' response to the complaint while noting that there will be no further continuences (4/9/2025)
Key Upcoming Dates
- April 21, 2025: Deadline for the defendants to file responsive pleading
Important Case Documents
Description of the Case
A group of female athletes at San Diego State University (SDSU) filed this Title IX lawsuit against their school arguing that SDSU has failed to provide female athletes on campus proportional athletic aid and proprotional treatment and benefits when compared to male athletes. The suit was filed in part as a response to SDSU cutting the varsity women's rowing team on campus. Additionally, the lawsuit was amended shortly after its initial filing to also include a retaliation claim based on a Zoom call held shortly after thelawsuit was filed where several plaintiffs on the track-and-field team were allegedly admonished for filing the lawsuit and threatened with removal from the team.
This is a class action lawsuit involving all current, present, and future female athletes at SDSU from 2018-19 to the present who did not recieve proportional athletic aid and treatment and benefits. Representative lead plaintiffs are former SDSU rowers Madison Fisk, Raquel Castro, Greta Castrillon, Olivia Petrine, Helen Bauer, Natalie Figueroa, Kamryn Whitworth, Eleanor Davies, Alexa Dietz, and Laura Sulcs and current SDSU track-and-field athletes Carina Clark, Erica Grotegeer, Kaitlin Heri, Aisha Watt, and Sara Absten.
(No. 22-cv-00173, S.D. Cal., Judge Todd W. Robinson, filed February 7, 2022)
Current Status
The parties are currently engaged in discovery, with trial set for late 2025. Of additional interest, two class members have sought to withdraw from the case without prejudice due to family issues. SDSU has opposed those motions, seeking to have the class members be withdrawn with prejudice, which would not allow them to reenter the case later. However, the parties filed a joint motion to dismiss Maya Brosch and Clare Botterill from the case withot prejudice on March 17, presumably showing they have reached a settlement on how to handle that situation.
Latest Event: The parties filed and the court granted a joint motion to continue the scheduled class certification hearing into May, citing momentum on settlement talks (4/7/2025)
Key Upcoming Dates
- May 29, 2025 at 1:30 PM PT: Hearing Regarding the Plaintiffs' Motion for Class Certification
- TBD (originally May 12, 2025): Pretrial Motions Deadline
- TBD (originally September 11, 2025 at 1:30 PM): Final Pretrial Conference
Important Case Documents
- Operative Complaint (Third Amended Complaint, filed 5/12/2023)
- Memo of Points and Authorities in Support of Motion for Class Certification (filed 11/22/2024)
- Expert Report of Donna Lopiano, PhD, in support of the plaintiffs' motion for class certification (filed 11/22/2024)
- Memorandum Opinion and Order Granting in Part and Denying in Part Defendants' Motion to Dismiss Third Amended Complaint (filed 9/15/2023)
Description of the Case
In this case, several current and former women's volleyball players (along with one former coach) are challenging the Mountain West Conference's transgender inclusion policy. They initially argued that a trans woman athlete who plays for San Jose State's women's volleyball team should have been declared ineligible to travel with and complete with the team at the Mountain West Conference Volleyball Championships on November 27-30, 2024, but this request for relief was denied. Some San Jose State plaintiffs also claim that the policy has deprived them of equal opportunities under Title IX because they have lost opportunities to play due to the trans woman's allowed inclusion. The (non-San Jose State) plaintiffs also claim that they have been illegally retaliated against for their boycotts by being required to forfeit matches against San Jose State. The plaintiffs base their claims on Title IX, the Equal Protection Clause, the First Amendment, and contract theories (fraud and misrepresentation).
Plaintiffs include current San Jose State volleyball player Brooke Slusser, former San Jose State volleyball players Alyssa Sugai and Elle Patterson, current University of Nevada, Reno volleyball players Sia Liilii and Nicanora Clarke, current Utah State volleyball player Kaylie Ray, current University of Wyoming volleyball players Macey Boggs, Sierra Grizzle, and Jordan Sandy, current Boise State volleyball players Katelyn Van Kirk and Kiersten Van Kirk, and San Jose State volleyball associate head coach Melissa Batie-Smoose. They are suing the Mountain West Conference, Mountain West commissioner Gloria Nevarez, San Jose State, two San Jose State athletic department directors, and San Jose State volleyball coach Todd Kress. Utah State University was also granted the right to intervene in the lawsuit as an intervenor-plaintiff after no party objected, but withdrew their complaint in intervention after the Mountain West Tournament. Following the tournament (and on appeal), Slusser (a graduating senior) was replaced as lead plaintiff by Katelyn Van Kirk (a freshman).
(Original District Court Filing: No. 24-cv-03155, D. Colo., Judge S. Kato Crews, filed November 13, 2024)
(Appeal of Denial of Emergency Motion: No. 24-1461, 10th Cir., filed November 25, 2024)
Current Status
Judge Crews denied the plaintiffs' motion for a preliminary injunction based on two primary findings. First, Judge Crews found that the plaintiffs could not overcome the high bar needed for an injunctive order that changes the status quo, as the Mountain West's transgender policy had been in place since 2022 with no challenges or complaints. Second, Judge Crews found that the Supreme Court's 2020 ruling in Bostock v. Clayton County, Georgia that Title VII prohibits discrimination based on transgender status also applies to Title IX, and as such the plaintiffs' Title IX-based theories arguing for decreased opportunities for women athletes "directly conflicts with Title IX’s prohibition on discrimination against trans individuals." Judge Crews also rejected the First Amendment claim, and found that the balance of harms favors preserving the status quo. While the plaintiffs filed an emergency appeal, it too was rejected, with the appellate court agreeing with Judge Crews that the "late timing of the requested relief" warranted emergency action. Since then, Utah State has withdrawn their complaint in intervention, but the plaintiffs are continuing with the non-injunctive portions of their case. The plaintiffs had appealed this denial to the Tenth Circuit Court of Appeals. While the defendants are seeking to dismiss the appeal as moot now that the tournament has been held, the plaintiffs disagree, arguing that the policy will continue to impact the plaintiffs who will continue to play in the Mountain West after this past season.
Since then, the plaintiffs' appeal of the preliminary injunction denial continues. Additionally, the plaintiffs filed a motion in the district court asking Judge Crews to rescind his adoption of a Uniform Civil Practice Standard requiring parties to use the preferred pronouns of participants to a proceeding, feeling that it prejudices their case and violates their free speech rights, and/or recuse himself from the case due to his adoption of the standard. This motion was denied by Judge Crews, but the plaintiffs have asked for leave to appeal this decision.
On March 24, 2025, the plaintiffs filed an amended complaint responding to the NCAA's change in policy and the fact that the tournament at issue in the original complaint as since passed. The new complaint seeks declaratory relief finding that the MWC's transgender policy violates Title IX, that their actions towards the plaintiffs violated the First Amendment, and injunctive relief forcing San Jose State and the MWC to support waiver applications by player plaintiffs for additional eligibility from the NCAA.
Latest Event: The court granted the joint motion for an extension of time to answer or otherwise respond to the amended complaint and to allow the defendants to consolidate pleadings on a forthcoming motion to dismiss (4/4/2025)
Key Upcoming Dates
- May 2, 2025: Appellees' (Defendants') Opening Briefs Due
- May 9, 2025: Deadline for the Defendants to Answer or Respond to the Amended Complaint
- 45 days after Motion to Dismiss is filed: Deadline for Plaintiffs' Response
- 21 days after Plaintiffs' Response Motion to Dismiss is filed: Deadline for Defendants' Reply Brief
Important Case Documents
- Operative Complaint (First Amended Complaint, filed 3/24/2025)
- Opinion and Order Denying Plaintiffs' Emergency Motion for Preliminary Injunction (filed 11/25/2024)
- Tenth Circuit Opinion and Order Denying Emergency Appeal (filed 11/26/2024)
- Plaintiffs' Motion to Rescind Uniform Civil Practice Standard 43.1A(a) and for Recusal (filed 2/18/2025)
- Opinion and Order Denying Plaintiffs' Motion to Rescind Uniform Civil Practice Standard 43.1A(a) and for Recusal (filed 2/24/2025)
- Mountain West Conference Defendants' Motion to Dismiss (filed 1/23/2025)
- California State University Defendants' Motion to Dismiss (filed 1/23/2025)
- Defendants' Brief in Support of Motion to Dismiss Appeal as Moot (filed 12/9/2024)
- Plaintiffs' Post-Tournament Response Arguing that the Case is Not Moot (filed 12/20/2024)
- Emergency Motion for Preliminary Injunction (filed 11/15/2024)
- MWC Response to Emergency Motion for Preliminary Injunction (filed 11/15/2024)
- SJSU Coach Todd Kress Response to Emergency Motion for Preliminary Injunction (filed 11/15/2024)
- Utah State's motion to intervene (filed 11/18/2024)
- Utah State's Complaint in Intervention (filed 11/18/2024)
Description of the Case
Two female athletes at the University of Kentucky filed this Title IX and Fourteenth Amendment lawsuit alleging that Kentucky has failed to provide equitable varsity athletic opportunites for women. The plaintiffs seek to force Kentucky to add women's varsity teams in lacrosse, field hockey, and/or in equestrian sports to comply with Title IX.
This is a class action lawsuit involving all current, present, and future female athletes at Kentucky who did not recieve proportional athletic aid and treatment and benefits. The lead plaintiffs are two former UK students who expressed interest in one or more of the three sports: Elizabeth Niblock and Ala Hassan.
(Appeal: No. 24-6060, 6th Circuit, filed November 26, 2024)
(Original Filing: No. 19-cv-00394, Judge Karen Caldwell, E.D. Ky., filed September 25, 2019)
Current Status
After a three-day trial, Judge Caldwell issued a conclusions of law and findings of fact rejecting the university's motion to reconsider a previous ruling that the Title IX test was still good law, but found in favor of Kentucky based on that three-part test. She found that while Kentucky could not count cheer and dance teams towards compliance and thus failed the first two prongs of the test (Substantial Proportionality and History of Expansion), the plaintiffs failed to show sufficient unmet interest at the school in women's field hockey, lacrosse, or equestrian teams. A key finding by the court was that not enough interested students left their contact information on a survey sent out by the plaintiffs, and that "UK ccannot form a new team based on anonymous responses." The court also found that neither the women's club lacrosse nor field hockey teams were in a place where they could compete at the varsity level.
The plaintiffs have appealed this finding to the Sixth Circuit. They argue that the district court erred in three ways: (1) by discounting survey results that showed that female athletes at UK were able to compete at the varsity level merely because the students did not leave contact information; (2) by asking whether female club athletes have the skills to compete at the varsity level rather than asking whether the club programs offered a foundation where a varsity program could be built; and (3) by excluding the expert testimony of Donna Lopiano about UK's interest and ability services on the basis that Dr. Lopiano did not "specialize" in survey design.
Latest Event: The Sixth Circuit Court of Appeals granted the appellees' motion for an extension to file their opening brief (3/14/2025)
Key Upcoming Dates
- April 24, 2025: Appellee (University) Brief Due
Description of the Case
A group of female athletes filed this lawsuit attacking the NCAA's Transgender Eligibility Policies, claiming that the policies are discriminatory towards women and deprive women of equal opportunity in violation of Title IX by allowing transgender women born as males to participate in NCAA women's sports. The plaintiffs in particular focus on the NCAA allowing former University of Pennsylvania swimmer Lia Thomas -- a transgender woman -- to compete in and win the gold medal in the women's 500-yard freestyle event at the 2022 NCAA Division I Swimming and Diving Championship hosted by Georgia Tech.
The lawsuit is led by six athletes (one proceeding anonymously) who participated in the 2022 NCAA Swimming and Diving Championship including former Kentucky swimmer Riley Gaines, NC State swimmer Kylee Alons, North Carolina swimmer Grace Countie, Virginia Tech swimmer Reka Gyorgy, and Kentucky swimmer Kaitlynn Wheeler. They are joined by thirteen current athletes including Arkansas track-and-field athlete Ainsley Erzen, Kentucky tennis player Ellie Eades, Texas A&M swimmer Ellis Fox, San Jose State volleyball player Brooke Slusser, Cedarville University volleyball player Nanea Merryman, and Roanoke College swimmers Lily Mullens, Carter Satterfield, Katie Blankinship, Susanna Price, Kate Pearson, Julianna Morrow, and Halle Schart.
Defendants in the suit include the NCAA, the Board of Regents of the University System of Georgia (both as a unit and individually), the Georgia Tech Athletic Association, and Georgia Tech president Angel Cabrera. The National Women's Law Center has also pushed to participate in the lawsuit on behalf of transgender athletes, first as intervenors (denied) and now as unopposed amicus curiae.
(No. 24-cv-01109, N.D. Georgia, Judge Tiffany R. Johnson, filed March 14, 2024)
Current Status
The plaintiffs have filed a second amended complaint. The defendants have each filed motions seeking to dismiss the case based on the allegations pled in this second amended complaint.
Latest Event: The National Women's Law Center filed an amicus curiae brief in support of the defendants' pending motion to dismiss the second amended complaint (2/5/2025)
Key Upcoming Dates
- N/A (awaiting scheduling of oral argument for motion to dismiss)
Important Case Documents
- Operative Complaint (Second Amended Complaint, filed 10/23/2024)
- NCAA Brief in Support of Motion to Dismiss Second Amended Complaint (filed 11/15/2024)
- Georgia state defendants Brief in Support of Motion to Dismiss Second Amended Complaint (filed 11/15/2024)
- Georgia Tech Athletic Association Brief in Support of Motion to Dismiss Second Amended Complaint (filed 11/15/2024)
- National Women's Law Center Amicus Brief in Support of Defendants' Motion to Dismiss (filed 2/5/2025)
Description of the Case
The plaintiffs in this case are challenging the Ivy League's longstanding practice of forbidding the grant of athlete scholarships to athletes playing for its member institutions, claiming that this practice constitutes a price fixing conspiracy violative of antitrust law. A key issue in this case is whether individual athletic conferences on their own can be seen as controlling a market on their own, or whether their competition with other conferences is sufficient to show that athletes have other options to sell their labor as college athletes.
(Current Appeal: No. 24-02826, 2nd Circuit, filed October 22, 2024)
(Original Filing: No. 23-cv-00305, D. Conn., Judge Alvin W. Thompson, filed March 7, 2023)
Current Status
On October 10, 2024, Judge Thompson granted the defendants' motion to dismiss, finding in notable part that the plaintiffs did not sufficiently plead the existince of a separate and distinct market for athletically and academically high-achieving students, nor as this market was not covered by other schools outside of the alleged price fixing conspiracy (e.g., Stanford, Duke, Notre Dame, and Rice). The plaintiffs have appealed this decision to the Second Circuit Court of Appeals.
Latest Event:The Ivies filed their opening appellee brief (4/2/2025)
Key Upcoming Dates
- April 30, 2025: Due Date for Appellant's (Choh's) Reply Brief
Description of the Case
The plaintiffs in this case challenge NCAA Bylaw 11.01.6, which provides for restrictions on the compensation that can be provided to so-called volunteer coaches that exist as assistant coaches in sports other than football and basketball. The plaintiffs claim that but for the restriction they would have earned minimum wage and other benefits that are ordinarily provided to other coaches that do not have a volunteer designation. They claim the arrangement thus violates antitrust law.
This is a class action lawsuit seeking to include all those who have worked as volunteer coaches for Division I programs within the statute of limitations. The Smart litigation focuses on baseball coaches, while Colon includes all other non-football and basketball sports. The representative lead plaintiffs for Smart are former Arkansas baseball coach Taylor Smart and former UC Davis baseball coach Michael Hacker. The representative lead plaintiffs for Colon are former Arizona State track and field coach Shannon Ray, current San Jose State softball coach Khala Taylor, former Virginia swimming and diving coach Peter Robinson, former Pittsburgh softball coach Katherine Sebbane, and former Fresno State women's volleyball coach Rudy Barajas. (Former Fresno State wrestling coach Joseph Colon, a representative lead plaintiff in that cases original filing, has since been dropped from the suit) The two cases were consolidated into one joint action, but the cases will be separated as the parties to Smart have filed notice that they have reached a settlement.
Smart v. NCAA
(No. 22-cv-02125, E.D. Cal., Senior District Judge William B. Shubb, filed November 29, 2022)
Current Status
On January 31, 2025, the Smart plaintiffs and NCAA filed a joint notice that they have agreed to a settlement asked for a stay of proceedings while that agreement is finalized. The motion for preliminary approval was filed in March 24. According to the memo, the settlement pool is $49.25 million, where class members will on average recieve close to $36,000 per year that they coached in the volunteer role.
Latest Event: The court granted the plaintiffs’ request to seal a portion of the settlement agreement. (3/28/2025)
Key Upcoming Dates
- April 28, 2025: Settlement Preliminary Approval Hearing
Important Case Documents
- Complaint (filed 11/29/2022)
- Memorandum in Support of Motion for Preliminary Approval of Settlement (filed 3/24/2025)
- Motion to Certify the Class (filed 11/1/2024)
- Memorandum and Order denying NCAA's motion to dismiss or transfer venue for both cases (filed 7/27/2023)
- Scheduling order for both cases (filed 5/29/2024)
Ray v. NCAA (formerly Colon v. NCAA)
(Original District Court Filing: No. 23-cv-00425, E.D. Cal., Senior District Judge William B. Shubb, filed March 21, 2023)
(Appeal of Denial of Class Certification: No. 25-1952, 9th Cir., filed March 26, 2025)
Current Status
On July 27, 2023, Judge Shubb denied the defendant's motion to dismiss the case and their motion to transfer the case to the Southern District of Indiana (where the NCAA is located). Since then, the parties have been engaged in pre-trial discovery.
During discovery, the plaintiffs filed a motion to certify the class while the NCAA filed a mtion to exclude the plaintiffs' expert witness report of Dr. Orley Ashenfelter, which was filed in support of class certification. On March 11, 2025, the court denied the NCAA's motion to exclude that expert witness report while granting the plaintiffs' motion to certify the class, defining the certified class as "All persons who, from 3/17/2019, to 6/30/2023, worked for an NCAA Division I sports program other than baseball in the position of 'volunteer coach,' as designated by NCAA Bylaws."
Latest Event: The court denied the plaintiffs' motion to compel certain discovery requests (4/14/2025)
Key Upcoming Dates
- May 5, 2025: Deadline for parties to file expert rebuttal reports
- June 6, 2025: End of discovery period
- September 5, 2025: Deadline for the parties to serve expert reports and end of discovery period
- October 17, 2025: Deadline for rebuttals to expert witness reports
- April 20, 2026 at 1:30 PM PT: Final Pretrial Conference
- June 23, 2026 at 9:00 AM: Start of trial
Important Case Documents
- Operative Complaint (Second Amended Complaint filed 10/29/2024)
- Memorandum and Order denying NCAA's motion to dismiss or transfer venue for both cases (filed 7/27/2023)
- Memorandum and Order denying NCAA's motion to exclude an expert witness testimony and granting the plaintiffs' motion to certify the class (filed 3/11/2025)
- Motion to Certify the Class (filed 11/1/2024)
- Scheduling order for both cases (filed 5/29/2024)
Description of the Case
This lawsuit was filed by a group of homeless disabled veterans against the United States Department of Veterans (VA) Affairs based on the VA's failure to provide adequate housing for those veterans in Los Angeles, CA, which they claim violates § 504 of the Rehabilitation Act. The VA has argued that they do not have sufficient space to build new housing. However, the plaintiffs have countered that the reason why the VA does not have adequate land for housing is that they have improperly leased portions of their West Los Angeles campus to a private school, an oil company, and -- of interest to those in college sports -- UCLA's baseball team for the purposes of their home field, Jackie Robinson Stadium.
(Original District Court Filing: No. 22-cv-08357, C.D. Cal., Judge David O. Carter, filed November 15, 2022)
(Appeal of Trial Order and Injunction: Nos. 24-6338 & 24-6603, 9th Cir., filed October 17, 2024)
Current Status
On October 11, 2024, Judge Carter found in favor of the plaintiffs, holding that the VA had violated § 504 of the Rehabilitation Act by failing to provide housing for the veteran plaintiffs. In doing so, he issued an injunction ordering all lessors of the VA land -- including UCLA Baseball -- to vacate the premises to allow the VA to begin construction of new veteran housing. On October 29, 2024, Judge Carter partially reversed course, granting UCLA's baseball team interim access to the facilities pending appeal. The VA and other affected parties did appeal to the Ninth Circuit, and the district court has stayed proceedings while that appeal is pending. The Ninth Circuit has expedited this appeal, notifying the parties that oral arguments will be held in April 2025.
Latest Event: The Ninth Circuit granted an unopposed motion to extend oral argument time, giving each side 40 minutes with 10 minutes allotted to the Regents of the University of California (4/1/2025)
Key Upcoming Dates
- April 8, 2025 at 9:00 AM PT: Appellate Oral Arguments
Important Case Documents
- Operative Complaint (First Amended Complaint, filed 5/15/2023)
- Final Order Granting Permanent Injunction (filed 10/11/2024)
- Post-Trial Opinion, Finding of Fact and Conclusions of Law (filed 10/11/2024)
- Order Denying Motion to Dismiss (filed 12/14/2023)
- Order Granting in Part Plaintiffs' Partial Motion for Summary Judgment and Denying Defendants' Motion for Summary Judgment (filed 7/14/2024)
Description of the Case
Former Central Michigan University (CMU) and Rochester University men's basketball player Damarion Bonds filed this lawsuit after he was dismissed from CMU for allegedly providing false information on his Previous Institution Verification Form (PIVF). While at Rochester, Bonds had been the subject of a Title IX investigation for alleged sexual misconduct. According to the complaint, while Bonds denies the allegations he had been forced to sign a sanctions notice memorializing the citation in order to transfer to Henry Ford College for the 2023-24 school year. When he filled out his PIVF to then transfer to CMU for 2024-25, he indicated "No" on a question asking whether he had been expelled, suspended, placed on a probationary period, etc. When CMU's PIVF regarding Bonds came back with a "Yes" on that question, CMU Title IX coordinator Mary Martinez initiated an investigation culminating in a memo where she found Bonds's PIVF response "technically accurate" since he was only dismissed from Rochester's basketball team (instead of from the school as a whole), but still recommended that CMU reevaluation Bonds's eligibility to continue at CMU. After a hearing and an appeal, CMU determined that Bonds had violated the CMU Code and dismissed Bonds from CMU entirely.
Bonds alleges that CMU, Rochester, and individual defendants Scott E. Samuels (VP of Student Life, Admissions, and Marketing and Title IX Coordinator at Rochester), Thomas H. Idema, Jr. (Director of Student Conduct at CMU), and Mary Martinez (Title IX Coordinator and Assistant to the President for the Office of Civil Rights and Institutional Equity at CMU) violated his procedural due process rights under the Fourteenth Amendment and violated Title IX under an erroneous outcome theory of liability (see Doe v. Miami Univ., 882 F.3d 579, 589 (6th Cir. 2018)). He also claims injurious falsehood, negligence, promissory estoppel, and intentional infliction of emotional distress. He is seeking equitable relief halting his dismissal from CMU along with compensatory, exemplary, and punitive damages.
(No. 25-cv-10904, E.D. Michigan, filed March 31, 2025)
Current Status
A complaint has been filed and summons have been issued. The case is now awaiting responsive pleading and/or a motion by the plaintiff for a preliminary injunction.
Latest Event: The complaint was filed (3/31/2025)
Key Upcoming Dates
- N/A (awaiting responsive pleading or scheduling order)
Important Case Documents
Description of the Case
This lawsuit concerns the upcoming Netflix show (produced by Warner Brothers) called Running Point. Running Point features a basketball team called the "Los Angeles Waves" with colors and branding that Pepperdine (whose mascot is also the "Waves") argues is strikingly similar to their own. As such, Pepperdine has filed this lawsuit against Netflix and Warner Bros for trademark infringement, false designation of origin, trademark dilution, false advertising, and related California state laws and seeks injunctive relief preventing Running Point from being released unless the show can be modified to remove the allegedly infringing branding.
(No. 25-cv-01429, C.D. Cal., Judge Cynthia Valenzuela, filed February 20, 2025)
Current Status
On February 26, Judge Valenzuela issued an opinion and order denying Pepperdine's motion for a temporary restraining order, holding that the show's use of the Waves Marks is artistically relevant and does not explicitly mislead customers as to whether Pepperdine is the source of the show, and as such the Lanham Act does not apply. On March 28, 2025, the school filed an amended complaint that instead seeks relief through preliminary and permanent injunctive relief and damages.
Key Upcoming Dates
Latest Event: The defendants filed their motion to dismiss the first amended complaint (4/18/2025)
- May 9, 2025: Deadline for the Plaintiff's Response to the Defendant's Motion to Dismiss
- May 16, 2025: Deadline for the Defendant's Reply in Support of their Motion to Dismiss
- June 20, 2025 at 1:30 PM PT: Hearing on Motion to Dismiss
Important Case Documents
- Operative Complaint (Amended Complaint, filed 3/28/2025)
- Defendants' Motion to Dismiss the First Amended Complaint (filed 4/18/2025)
- Opinion and Order Denying Motion for Temporary Restraining Order (filed 2/26/2025)
- Brief in Support of Motion for Temporary Restraining Order (filed 2/20/2025)
- Defendants' Brief in Opposition to Motion for Temporary Restraining Order (filed 2/24/2025)
Description of the Case
Prior to their decision to join the Mountain West Conference starting in 2026, Grand Canyon University had previously been committed to join the West Coast Conference. As such, the West Coast Conference filed this breach of contract lawsuit seeking Grand Canyon's payment of both the entrance and withdrawal fees the conference feels they are owed under their original agreement.
(No. 24-cv-08933, N.D. Cal., Judge Charles R. Breyer, filed December 11, 2024)
Current Status
Grand Canyon University filed a motion to dismiss, arguing that they never officially accepted an invitation to the WCC and that any payments made were just to hold open the invitation to join the conference until the start date of July 1, 2025. While oral arguments on this motion were scheduled for February 14, on February 12, Judge Breyer found that the matter was suitable for resolution without oral argument and denied GCU's motion to dismiss. The matter will now go to discovery.
Latest Event: Based on the parties' joint status report, the court canceled the scheduled case management conference and referred the case to private mediation (3/28/2025)
Key Upcoming Dates
- N/A (awaiting results of private mediation)
Description of the Case
On the heels of failed negotiations to extend a football scheduling agreement between the two conferences from 2024 to 2025, the Pac-12 Conference filed this suit against the Mountain West Conference challening a so-called "poaching fee" contained within the 2024 scheduling agreement contract that requires the Pac-12 to pay the Mountain West for any Mountain West conference members induced to leave the Mountain West for the Pac-12. As the Pac-12 has recruited five Mountain West schools to date into its ranks (Boise State, Colorado State, Fresno State, San Diego State, and Utah State), the Pac-12 owes $55 million to the Mountain West under this poaching penalty clause. The Pac-12 claims that the clause is anticompetitive in violation of the federal Sherman Antitrust Act and California Cartwright Antitrust Act and constitutes an unenforceable liquidated damages penalty clause, and is seeking a declaratory judgment as such.
(No. 24-cv-06685, N.D. Cal., Judge Susan van Keulen, filed September 24, 2024)
Current Status
The defendant Mountain West Conference has filed a motion to dismiss the case. Prior to a scheduled motion to dismiss hearing, however, the parties jointly asked the court for a stay of the case so that the parties could attempt to settle the case in mediation. The court granted that stay, pausing the case until May 16, 2025.
Latest Event: The court granted the parties' joint motion to stay the case so the parties can enter mediation, staying the case until May 16, 2025, vacating the scheduled March 25 motion to dismiss hearing, and ordering the parties to file a joint status report informing the court when a date for mediation is set (3/17/2025)
Key Upcoming Dates
- May 16, 2025: Stay ends
Description of the Case
The University of Southern California athletic department has been accused by Sony Music and various record labels of repeatedly infringing on the defendants' copyrighted songs by using them in various videos on social media accounts. According to Sony, there are over 250 videos posted by USC containing their copyrighted music across 30 USC social media pages. One example given in the complaint is the 2024 USC football season hype trailer, which used the song “Like That” by Future, Metro Boomin, and Kendrick Lamar. Sony argues that the violations have been willful, given the required copyright confirmation clickthrough required to post on various social media platforms include TikTok.
(No. 25-cv-02042, S.D.N.Y., Judge Gregory H. Woods, filed March 11, 2025)
Current Status
A complaint has been filed, with responsive pleading to come.
Latest Event: An initial pretrial conference was set for May 15, 2025 (3/12/2025)
Key Upcoming Dates
- May 15, 2025 at 4:00 PM ET: Initial Pretrial Conference
Important Case Documents
Description of the Case
(No. 21-cv-01091, M.D. Pa., Judge Matthew W. Brann, filed June 21, 2021)
Vintage Brands is a company that designs apparel based on original designs that evoke the brands of various college football teams (including Penn State) but do not explicitly use their trademarks. Nevertheless, Penn State (along with various other universities) sued Vintage Brands and Sportswear (their manufacturer) for trademark infringment, arguing that the use and sale of art similar to university marks creates a likelihood of consumer confusion.
Current Status
The jury ruled in favor of Penn State on all counts, awarding them $25,000. While Sportswear had initially won a motion for judgment as a matter of law on the issue of direct infringement (arguing that they had no role in manufacturing the infringing goods), Judge Braunn granted Penn State's motion for reconsideration, allowing the issue to go to the jury. Since then, Penn State has filed motions to (1) add a permanent injunction barring Vintage Brand from continuing to use their trademarks to the judgment; and (2) for Vintage Brand to pay their attorneys fees.
Latest Event: The Penn State filed a brief in opposition to the defendants' motion seeking to vacate the clerk's judgment requiring the defendant to pay $11,848.75 of the plaintiff's court costs (2/20/2025)
Key Upcoming Dates
- N/A (awaiting further scheduling/responses on pending motions)
Important Case Documents
- Operative Complaint (Second Amended Complaint filed 10/21/2022)
- Jury Verdict (redacted) (filed 11/20/2024)
- Penn State's Brief in Support of Motion to Amend Judgment (to add permanent injunction) (filed 12/3/2024)
- Memorandum and Order Granting Penn State's Motion for Reconsideration of Sportswear's Motion for Judgment as a Matter of Law (filed 11/19/2024)
- Memorandum Opinion with various Pre-Trial motion orders, including denying Vintage Brand's motion for summary judgment and granting in part and denying in part Penn State's motion for summary judgment (filed 2/6/2024)
- Memorandum Opinion Denying Penn State's motion to dismiss (filed 7/14/2022)
Description of the Case
After Michigan State sparked controversy by playing a quiz video on their videoboard at a football game that included a question about the birthday of Adolf Hitler, the owner of the video sued Michigan State, arguing copyright violations, false light invasion, and violations of the Fifth Amendment takings clause.
(No. 24-cv-00825, W.D. Mich., Chief Judge Hala Y. Jarbou, filed August 9, 2024)
Current Status
The plaintiffs have filed an amended complaint and Michigan State has moved to dismiss this complaint, arguing in part that the university and included officials have sovereign immunity from the plaintiffs' claims.
As of March 12, the parties have indicated that they have reached a settlement after mediation.
Latest Event: The court granted the parties' motion to voluntarily dismiss the case with prejudice, ending the case (4/15/2025)
Description of the Case
In this lawsuit filed on the opt-out deadline day for the House settlement, 67 athletes who have opted out of the settlement seek damages for broadcast NIL use by the NCAA and Power Five conferences and an injunction "restraining the NCAA and Conference Defendants from enforcing their unlawful and anticompetitive agreements to restrict the (a) compensation available to Division I student-athletes from the schools, conferences or third parties for their services or NILs; and (b) athletic scholarships available to Division I student-athletes." Notably, the case very clearly seeks to pick up where House v. NCAA left off prior to their settlement, as this complaint is largely copy-and-pasted from the House most recent amended complaint.
The lead plaintiff in this case is former Mississippi State football player Kylin Hill. 69 other athletes joined the case as co-plaintiffs.
(No. 25-cv-01011, N.D. Cal., Judge Rita F. Lin, filed January 31, 2025)
Current Status
The case was voluntarily dismissed by the plaintiffs after many of them joined the Fontenot third amended complaint.
Important Case Documents
Description of the Case
In this lawsuit filed on the opt-out deadline day for the House settlement, 33 athletes who have opted out of the settlement seek damages pre-2021 restrictions on NIL use by the NCAA and Power Five conferences. This case clearly seeks to pick up where House v. NCAA left off prior to their settlement.
The lead plaintiff in this case is former Kentucky and Western Kentucky basketball player Dontaie Allen. 32 other athletes joined the case as co-plaintiffs.
(No. 25-cv-00014, E.D. Kentucky, filed January 31, 2025)
Current Status
The case was voluntarily dismissed by the plaintiffs after many of them joined the Fontenot third amended complaint.
Important Case Documents
Description of the Case
The attorneys general of Tennessee and Virginia filed this lawsuit challenging the NCAA's NIL rules barring athletes from negotiating NIL deals with collectives and boosters prior to enrollment at an institution. The attorneys general claim that doing so restraints athletes' market power for NIL deals without justification.
Of note, this case has since been joined by the attorneys general of Florida, New York, and the District of Columbia.
(No. 24-CV-00033, E.D. Tenn., Judge Clifton L. Corker, filed January 31, 2024)
Current Status
On February 23, 2024, Judge Corker granted the states' motion for a preliminary injunction, finding that the states would be likely to win on the merits and that the plaintiffs (specifically the athletes they represent as parens patriae) suffer actual and imminent irreparable harm from the implementation of the NCAA rules in question. The court found that the rule's "suppression of negotiating leverage and the consequential lack of knowledge" of an athlete's NIL potential resulting from that suppression constitutes significant harm, and that "encouraging free and fair price competition in the NIL market by enjoining the NCAA's NIL-recruiting ban will serve the public interest."
The parties announced on January 31, 2025, that they reached a settlement. This settlement reportedly will continue to retain a permanent injunction against the NCAA's enforcement of rules around booster-athlete negotiations. The parties stated that they will finalize the settlement by March 17.
Latest Event: The court granted the parties' joint motion to approve the consent judgment and settlement, putting in place the proposed permanent injunction (3/21/2025)
Description of the Case
The plaintiff in this case is Cary Arbolida, a baseball player who recently enrolled at the Kansas State University. In a manner similar to Diego Pavia in Pavia v. NCAA, Arbolida seeks immediate injunctive relief stopping the NCAA from enforcing NCAA Bylaw 12.8.1 (the "Five-Year Rule") against him to allow him to play an additional two years (given his three years playing JUCO ball). He claims that he is entitled to similar relief as Pavia given his three years spent at Orange Coast College (2019-20, 2020-21, and 2021-22) prior to enrolling at the University of Houston (2022-23 and 2023-24), and the University of Tampa (2024-25). Following the Pavia ruling, he was recruited by and transfered to Kansas State and now seeks a waiver to allow him to play in the Spring 2025 and Spring 2026 seasons for Kansas State and take advantage of NIL opportunities, including a pled opportunity worth $50,000.
(No. 25-cv-02079, D. Kansas, Judge John W. Broomes, filed February 14, 2025)
Current Status
After a hearing on February 20, Judge Broomes denied the plaintiff's motion for an emergency temporary restraining order but allowed the plaintiff to file a motion for a preliminary injunction. The plaintiff filed this motion on February 28. A hearing on this motion was set for February 14, but Arbolida filed a motion to voluntarily dismiss the case on March 11, ending the case before this hearing.
Latest Event: The court closed the case (3/14/2025)
Important Case Documents
- Complaint (filed 2/14/2025)
- Opinion and Order Denying Motion for Temporary Restraining Order (filed 2/21/2025)
- Brief in Support of Motion for Preliminary Injunction (filed 2/28/2025)
- Brief in Support of Motion for Temporary Restraining Order (filed 2/14/2025)
- NCAA Response Brief in Opposition to Motion for Temporary Restraining Order (filed 2/19/2025)
Description of the Case
West Virginia basketball player RaeQuan Battle challenged the NCAA's (since rescinded) transfer policy, claiming that his hardship waiver that would have allowed his second transfer from Montana State to West Virginia was unjustly denied. He claims that the NCAA has violated his state tort and contract rights along with both federal and state antitrust law.
Of Battle's twelve causes of action, one -- his claim that the NCAA applied their policy arbitrarily -- was dismissed as duplicative of his breach of contract claims. His claims to a declaratory judgment and a restraining order have also been dismissed as moot given the NCAA's change in policy since he filed his lawsuit. The rest of his claims remain in the lawsuit.
(No. 23-cv-00101, N.D.W.V., District Judge John Preston Bailey, filed December 8, 2023)
Current Status
The parties are currently engaged in pretrial discovery, with trial set to begin on June 10, 2025 at 9:00 AM. However, the court granted a stay of proceedings after the parties indicated in late December 2024 that a settlement has been reached. The parties made another filing in March 2025 that they indeed were able to settle the case, and the court closed the case as a result.
Latest Event: The parties made a joint filing indicating that they have successfully settled the case (3/12/2025)
Description of the Case
The plaintiff in this case is Holly McLean, a golfer who transferred to the University of South Florida (USF) at the start of the Spring 2025 semester after she was told by her coaches at her former institution, the University of Oklahoma, that her scholarship would not be renewed due to the impending roster limits in the House v. NCAA settlement. McLean wishes to compete for USF in the Spring 2025 women's golf season, but is unable due to NCAA Bylaw 14.5.5.2 ("Competition in the Year of Transfer Rule"), which forbids athletes from playing for two institutions in one academic year. USF applied for a waiver on her behalf, but this waiver was denied. As such, McLean filed this lawsuit seeking an order that the NCAA cannot enforce this bylaw against her to prevent her from playing for USF in the Spring 2025 season.
(No. 25-cv-00431, M.D. Florida, Judge Mary S. Scriven, filed February 20, 2025)
Current Status
The parties had jointly agreed to forego an hearing on the motion for a temporary restraining order, instead asking the court (and getting) an expedited briefing schedule that will allow the NCAA the opportunity to file responsive pleading, developing the record more before a mid-March hearing.
On March 6, 2025, however, McLean filed a motion to voluntarily dismiss the case. The notice contained no information as to whether she was able to negotiate a settled resolution with the NCAA to allow her to play or whether she simply just dropped the case on her own accord.
Latest Event:The court dismissed the case without prejudice, denying the motions for a temporary restraining order and preliminary injunction as moot (3/7/2025)
Important Case Documents
Description of the Case
The plaintiff in this case is Dylan Goldstein, a baseball player who recently enrolled at the University of Georgia. In a manner similar to Diego Pavia in Pavia v. NCAA, Goldstein seeks immediate injunctive relief stopping the NCAA from enforcing NCAA Bylaw 12.8.1 (the "Five-Year Rule") against him to allow him to play an additional year (given his two years playing JUCO ball). He claims that he is entitled to similar relief as Pavia given his two years spent at Chipola College (2020-21 and 2021-22) prior to enrolling at the FLorida Atlantic University (2021-22 and 2022-23), and the University of Georgia (2023-24). Following the Pavia ruling, he wishes to play another season for Goergia to take advantage of NIL opportunities and the advantages of playing Division I college baseball.
(No. 25-tc-05000, 25-cv-00027, M.D. Georgia, Judge Tillman E Self, III, filed February 17, 2025)
Current Status
Judge Self issued an opinion and order on February 28, 2025, denying Goldstein's motion for a preliminary restraining order. He ruled that based on precedent established in O'Bannon v. NCAA, the NCAA rule at issue is a "true eligibility rule" that is non-commercial and is thus not subject to scrutiny under the Sherman Act. He added that even if it was, Goldstein had not sufficiently defined a market or sufficiently alleged imminent harm as needed for a preliminary injunction.
Shortly after that decision, it was uncovered in reporting that Judge Self has worked for the NCAA and the Southern Conference as a football referee as recently as November 2024, as something of a side gig alongside his roles on the federal bench. Arguing that this relationship creates a conflict of interest, the plaintiff has filed a motion for Judge Self to vacate the decision and recuse himself and an alternative motion for reconsideration. Judge Self set an expedited briefing schedule for these motions, with a hearing set for March 11. However, following the Osuna Sanchez decision on March 3 where a second court declined to issue a preliminary injunction to a similarly situated baseball player, Goldstein decided to voluntarily dismiss his case.
Latest Event: After the plaintiff submitted notice of voluntary dismissal on March 4, the court closed the case (3/5/2025)
Important Case Documents
- Complaint (filed 2/17/2025)
- Opinion and Order Denying Motion for Preliminary Injunction (filed 2/28/2025)
- Opinion and Order Denying Motion for Temporary Restraining Order (filed 2/20/2025)
- Memo in Support of Motion to Vacate and Recuse (filed 2/28/2025)
- Memo in Support of Motion for Reconsideration (filed 2/28/2025)
- Brief in Support of Motion for Temporary Restraining Order (filed 2/18/2025)
- NCAA Brief in Opposition to Motion for Preliminary Injunction (filed 2/24/2025)
Description of the Case
The College Basketball Players Association has filed a charge against the University of Notre Dame, alleging that the employer has violated Section 8(a)(1) of the NLRA by classfying college athletes as "student-athletes" rather than employees.
(No. 25-CA-340413, NLRB Region 25, filed April 18, 2024)
Current Status
The CBPA filed a motion to withdraw the case shortly after the change in presidential administration. The NLRB general counsel has approved this request, and the case has been closed.
Latest Event: A signed charge against the employer was filed by the CBPA. (4/18/2024)
Important Case Documents
Description of the Case
This is a "copycat" lawsuit to Pavia v. NCAA filed by Southern Miss basketball player John Wade III; he also seeks a declaration that the combination of NCAA Bylaw 12.8 (granting four years of eligibility in five years regardless of whether the athlete is playing sports or playing at a non-NCAA school) and NCAA Bylaw 12.02.6 (defining intercollegiate competition as including competition at both four-year and two-year institutions) is illegal under antitrust law. Wade's reasoning is functionally identical to Pavia's, as he is looking for the same relief that Pavia was granted.
(No. 24-cv-00196, S.D. Miss., Judge Taylor B. McNeel, filed December 20, 2024)
Current Status
Latest Event: The court dismissed the case based on a voluntary motion by both parties. (1/17/2025)
Important Case Documents
- Complaint (filed 12/20/2024)
- Order Denying Motion for Ex Parte Temporary Restraining Order (filed 12/23/2024)
- Plaintiff's Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction (filed 12/23/2024)
- NCAA's Response Brief in Opposition to Motion for Preliminary Injunction (filed 1/8/2025)
- Supplemental Declaration of Peter Boehme (USM Collective Owner) in Support of Motion for Preliminary Injunction (filed 12/27/2024)
Description of the Case
The fifteen members of the Dartmouth College men's basketball team filed a petition with the NLRB seeking to unionize as part of the Service Employees International Union, Local 560. While only statutory employees can unionize under the National Labor Relations Act (NLRA), the athletes argue that the degree of control exercised by Dartmouth over their activities and the benefits derived by Dartmouth from their activities shows that they are employees, rather than mere students participating in an extracurricular activity.
(Nos. 01-RC-325633, 01-CA-348789, NLRB Region 1, filed September 13, 2023)
Current Status
On February 5, 2024, Region 1 regional director Laura A. Sacks issued a decision finding that the Dartmouth men's basketball players were in fact employees of Dartmouth College as defined under the NLRA and ordered an election to be held on March 5, 2024. That election was held and the players voted 13-2 in favor of union representation, thus certifying the union. Dartmouth College has indicated that they will refuse to bargain with this union, which has pushed the NLRB to file a charge against Dartmouth College alleging a violation of Section 8(a)(1) and (5) of the NLRA (unfair labor practice).
However, on December 31, 2024, SELU and the Dartmouth basketball team filed a withdrawal of petition. According to a public statement from the union, the move is intended to "preserve the precedent" set by the regional director.
Latest Event: The NLRB approved the players' withdrawal request (12/31/2024)
Important Case Documents
- NLRB Motion for Summary Judgment (filed 9/30/2024)
- Regional Director Decision and Direction of Election (filed 2/5/2024)
- Ivy League Amicus Brief (filed 4/23/2024)
- NCAA Amicus Brief (filed 6/20/2024)
- AFL-CIO Sports Council, NBPA, Next Gen Basketball Players Union, NHLPA Amicus Brief (filed 6/21/2024)
Description of the Case
Leading up to the filing of a motion for settlement in House v. NCAA, FCS school Houston Christian University filed a motion to intervene in the suit, arguing that the proposed settlement would cause them to breach their fidicuiary duties by causing them to divert funds from academics to athletics. They argued that none of the defendants (i.e., the NCAA) was adequately representing their interests in the case, as the NCAA had simply presented the settlement to them as a "fait accompli."
On July 24, 2024, Judge Wilken denied Houston Christian's motion to intervene, filing that the school had not shown a practical impairment to a claimed interest necessary to establish intervention as a matter of right and had not shown that they could not resolve their dispute within the NCAA's governance structure (or by leaving the NCAA) as necessary for permissive intervention. This appeal followed.
(No. 24-4843, Ninth Circuit Court of Appeals, filed MMMM DD, YYYY)
Current Status
Houston Christian decided on October 24, 2024, to voluntarily dismiss their case before any briefing was filed. It can be speculated (without evidence) that this dismissal was possibly in part due to their interests being captured by the filing of a similar claim by the attorney general of South Dakota in a separate lawsuit in early October.
Latest Event: The Ninth Circuit Court of Appeals notified the district court that they granted Houston Christian's motion to voluntarily dismiss their appeal (10/25/2024)
Description of the Case
Basketball players Matthew and Ryan Bewley filed suit against the NCAA over the denial of their amateurism certification due to their pre-college participation in Overtime Elite, a private high school that provided athletes (including the Bewleys) with compensation for their NIL and athletic services. The Bewleys claim that the NCAA violated antitrust law by preventing their entry into the college sports labor market without procompetitive justification.
(No. 23-cv-15570, N.D. Illinois, filed November 1, 2023)
Current Status
The plaintiffs voluntarily dismissed the case for unknown reasons while their appeal of the district court's denial of their motion for a preliminary injunction was pending.
Latest Event: The court closed the docket and dismissed the case without prejudice after the plaintiffs' notice of voluntary dismissal (4/30/2024)