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House settlement judge: Phase in the roster limits!

retired711

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Nov 20, 2001
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U.S. District Court Judge Claudia Wilken says that she will not give final approval to the settlement unless it is revised to phase in roster limits rather than have them go into effect immediately. She did not otherwise object to the settlement, which means that she is willing to approve its requirement that NIL deals between boosters and athletes have a valid business purpose rather than being pay-to-play. IMHO, the NCAA would be foolish not to give her what she is asking for because, if the settlement blows up and the case goes to trial, the NCAA might well have to pay treble damages to the athletes who say they were injured by its previous ban on athletes being paid for their NIL.

https://sports.yahoo.com/college-fo...uests-changes-on-roster-limits-231519741.html
 
In this story (behind a pay wall, unfortunately), "college sports leaders" make clear that they do not want to blow up the settlement over the phasing in of roster limits or grandfathering of present team members. They are going to work to change the deal to satisfy Judge Wilken.

https://www.nytimes.com/athletic/6317784/2025/04/28/ncaa-roster-limits-house-ncaa-settlement/

From the WSJ (non pay wall version):

The 75-Year-Old Woman Who Has Become the Most Powerful Figure in College Sports History
 
Judge Wilken was one year ahead of me at Berkeley Law. I do not remember her from there, although I do remember Lance Ito. This and another story I've read about her don't say much about her career before becoming a judge. I know she was in private practice and that she was a magistrate judge. (Magistrates are appointed by the sitting judges so ability matters much more than political connections.) Another story I read said she was good at working out compromises while on the advisory board at Berkeley High School. But I must tell you that a moderate in Berkeley would be considered a flaming left-winger anywhere else.
 
Judge Wilken was one year ahead of me at Berkeley Law. I do not remember her from there, although I do remember Lance Ito. This and another story I've read about her don't say much about her career before becoming a judge. I know she was in private practice and that she was a magistrate judge. (Magistrates are appointed by the sitting judges so ability matters much more than political connections.) Another story I read said she was good at working out compromises while on the advisory board at Berkeley High School. But I must tell you that a moderate in Berkeley would be considered a flaming left-winger anywhere else.
Did Lance Ito have a collection of hourglasses while a student at Berkeley like he had at the OJ Simpson trial? 😄
 
Here is the latest on efforts by the NCAA to address Judge Wilken's concern about phasing in roster limits. I don't think the idea of giving schools a choice about phasing in the limits is going to go over well. But there are still a few days before the parties have to submit the deal to her and maybe they'll come up with something more likely to be acceptable.

https://sports.yahoo.com/college-fo...ter-limit-proposal-has-emerged-151555698.html
 
The parties submitted their revisions pretty much as I described in my post last Saturday. As I said then, I think they're taking a big chance. Those objecting to the settlement have until next Tuesday to file their comments, and the parties then have until Friday to respond. To quote the story (behind a pay wall, unfortunately) "The settlement falling apart at this stage would be catastrophic for the NCAA and college sports, which have been operating under the assumption of approval for months." The NCAA is playing chicken with a federal district judge: that's not a great idea.

https://www.nytimes.com/athletic/6341222/2025/05/07/house-vs-ncaa-roster-limits-revision/
 
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It seems to have occurred to the NCAA that Judge Wilken may not approve its proposal on how to phase in roster limits because schools would be able to choose not to "grandfather" athletes who would otherwise lose roster spots. The briefing is due to be completed by May 16; we will see what happens then. If Judge Wilken says "no," the NCAA will have only a short period to come up with a new proposal and to get it approved.

According to the article, some schools are planning to start revenue-sharing on July 1 even if the settlement is not approved. Those school will rely on laws in their state authorizing compensation of athletes and thumb their noses at the NCAA's prohibitions.

https://sports.yahoo.com/college-fo...hake-up-college-sports-forever-230503252.html
 
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