On April 7, 2025, Buchalter attorney, Douglas DePeppe, appeared before Judge Claudia Wilken to argue on behalf of Division I athletes in the landmark NCAA NIL antitrust case In re College Athlete NIL Litigation, also called the House case (for lead plaintiff, Grant House). The April 7th Fairness Hearing concerning the proposed settlement had been anxiously awaited for months by the college sport industry, fans and athletes. Until the court issues a decision, the NCAA’s new revenue sharing era hangs in the balance. But additionally, despite the general focus by the public on new NIL revenues by college athletes, a groundswell of controversy has emerged with the proposed settlement concerning the NCAA’s plan to impose roster limits to Division I sports programs. A call to grandfather existing athletes onto their rosters has gained widespread support, because of the tragic stories about harms that large numbers of existing Division I athletes have experienced.
The Buchalter team, with Rob Hinckley as co-counsel, has aggressively advocated for athlete rights. While representing both clients seeking anonymity for fear of retaliation from their college coaches, as well as named swimmers challenging the deceptive practices at their university to remove rostered athletes to save scholarship funds, multiple problems with the proposed settlement have been raised. Additionally, when the NCAA attempted to prematurely call for Division I schools to opt into the new NIL program by March 1st, the Buchalter team alerted the court that it was improper to institute plans prior to the April 7th Fairness Hearing. Shortly afterward, the NCAA modified its announcement, suspending the opt in period until after the Fairness Hearing.
By some accounts, 10,000 to 25,000 Division I athletes could lose their student-athlete status by the next school year if the roster limit rule is not modified. Judge Wilken signaled a strong interest in addressing the roster limit issue. Mr. DePeppe argued in court that “two things can be occur at once: a new Division I NIL era as well as protecting athletes through grandfathering existing athletes.” The Buchalter team also submitted an Objection Letter on behalf of student-athletes by the January 31, 2025, challenged in late February the premature NCAA opt in plan for Division I universities, and filed an Opposition Brief that argued a novel state law consumer protection violation on behalf of the student-athletes.
The court, on April 7th, instructed Class Counsel and Defendants’ Counsel to provide proposed “fixes” to the court regarding two issues she identified: due-process issues with binding future college athletes to the terms, and grandfathering existing athletes to their sport rosters. Objectors will be afforded a day to respond, and then the court will review the terms of proposed modifications. Judge Wilken can either approve or reject the proposed settlement. The NCAA has set a Division I deadline of July 1, 2025, to implement the new regime, but only if the judge approves the proposed settlement.
