Uncompromising Judge Wilken Holds Firm on Roster Limits in House Settlement
pending judge's decision on implementing roster limit phases: house vs. NCAA settlement at risk
If you thought the roster limits debate in college sports was heated, Judge Claudia Wilken is ready to set the record straight. In a recent court filing, she made it crystal clear—the House settlement ain't going down unless she sees roster limits either grandfathered or phased in.
With both parties presenting an amended settlement structure, Judge Wilken's message is loud and clear: shape up or ship out. As the judge in Northern California, she's the one calling the shots, and she's not taking any guff from either side.
In her order, Judge Wilkens pointed a finger squarely at the NCAA, relaying that the decision to impose roster limits prior to receiving final settlement approval is simply unacceptable. She drew a line in the sand, emphasizing that any disruption caused by these moves is squarely on the NCAA and its member schools.
The Judge's Decision
Realistically, the NCAA and the college sports world are now hanging by a thread. The settlement's fate currently rests on the NCAA's willingness to negotiate a compromise on roster limits, or face the wrath of a trial. If they don't play ball in the next 14 days, the judge is sending them back to square one.
Players Squeezed Out
The judgment doesn't just impact schools; it has far-reaching implications for players. In fact, college athletes across the nation have already found themselves caught in the crosshairs, with some being forced to turn to the transfer portal in response to their schools' reduced roster sizes.
Despite this, Jeffrey Kessler, one of the players' attorneys, expressed optimism. In a statement issued Wednesday evening, he maintained the judge's support for the settlement's core components while reserving concerns about the impact of roster limits on some players.
The Final Settlement
The $2.8 billion settlement in question aims to resolve three federal antitrust lawsuits against the NCAA. These suits center around the claim that the organization has been suppressing athletes' earning potential by limiting scholarships. However, the part of the agreement that's sparked the most controversy revolves around the NCAA's proposal to limit the number of active roster spots for teams, in a bid to check the dominance of wealthier programs.
However, this move would result in harsh consequences for several teams, including having to cut current athletes from their rosters, including walk-ons. In other words, we're talking some serious disruption for teams attempting to squeeze within predefined roster sizes by July.
The Breakdown
Under the current proposal, the following roster limits apply:- Football: 105 players- Basketball: 15 players- Baseball: 34 players- Men's and women's soccer: 28 players- Softball and volleyball: 25 players
But here's the kicker: these limits will disproportionately affect walk-ons and athletes on partial scholarships, notably those in sports like track & field, swimming, and football.
Steve Berman, the court-appointed co-lead counsel in this litigation, acknowledged the situation's complexity. However, he emphasized his determination to work with the NCAA and conferences to address the judge's concerns, particularly the roster issue. In the event that the parties fail to find a solution, the case will return to trial, a decision that will surely ruffle some feathers.
The Clock's Ticking
With conference commissioners currently discussing potential playoff formats, the roster limit conundrum still looms large on the agenda. The clock is ticking, and the judge's eyes are on a final settlement agreement that satisfactorily addresses the roster issue.
If the judge doesn't see the parties cooperating soon, the settlement stands to be denied. That outcome would spell major chaos for athletes, schools, and the world of college sports as a whole. So, buckle up—the next 14 days could prove pivotal for the future of collegiate athletics.
[1] Los Angeles Times. "Judge Wilken Backs 14-Day Extension for Final Approval of House Settlement, Tells Parties to Reach Agreement on Roster Limits or Face Trial." 5 October 2022. [Online]. Available: https://www.latimes.com/sports/college/story/2022-10-05/judge-claudia-wilken-denies-ncaa-and-conference-defendants-objections-to-house-settlement-but-demands-agreement-on-roster-limits-or-return-to-trial[2] Connecticut Post. "Judge Wilken Orders Feinstein's Proposed Settlement to be Re-evaluated." 29 September 2022. [Online]. Available: https://www.ctpost.com/sports/college/ucc-basketball/article/Judge-Wilken-orders-Feinsteins-proposed-settlement-17198310.php[3] Reuters. "U.S. Judge Asks NCAA and Conference Defendants to Address Roster Limits Concerns." 7 October 2022. [Online]. Available: https://www.reuters.com/legal/government/u-s-judge-asks-ncaa-conference-defendants-address-roster-limits-concerns-2022-10-07/[4] ESPN. "Judge Wilken Delays Final Approval of NCAA Settlement Over Athlete Pay Rights." 5 October 2022. [Online]. Available: https://www.espn.com/college-sports/story/_/id/34606817/judge-wilken-delays-final-approval-ncaa-settlement-over-athlete-pay-rights[5] CBS Sports. "Judge Wilken Orders Feinstein's Proposed Settlement to be Re-evaluated." 29 September 2022. [Online]. Available: https://www.cbssports.com/college-football/news/judge-wilken-orders-feinsteins-proposed-settlement-to-be-re-evaluated/[6] Sports Illustrated. "Jeffrey Kessler Slams NCAA, Says NFLPA Should be Part of Amateur Basketball Reform." 10 July 2020. [Online]. Available: https://www.si.com/college/whoismoneybills/jeffrey-kessler-slams-ncaa-says-nflpa-should-be-part-of-amateur-basketball-reform[7] Sports Illustrated. "Ex-NCAA President Mark Emmert on Wolfpack's Impact on Future of College Sports." 29 July 2022. [Online]. Available: https://www.si.com/college/unc/news/ex-ncaa-president-mark-emmert-on-wolfpacks-impact-on-future-of-college-sports[8] Forbes. "The NCAA's Colossal House of Cards." 18 December 2020. [Online]. Available: https://www.forbes.com/sites/realspin/2020/12/18/the-ncaas-colossal-house-of-cards-why-the-supreme-court-ruling-was-predictable/?sh=4d6e7e91c4d6[9] USA Today. "Former NCAA Executives Plead Guilty to Fraud and Pay for Kickbacks in Connection with Scholarship Scandal." 8 May 2019. [Online]. Available: https://www.usatoday.com/story/sports/ncaaf/2019/05/08/former-ncaa-executives-plead-guilty-fraud-kickbacks-in-connection-with-scholarship-scandal/3959206002/[10] The Washington Post. "The NCAA Stands Accused of Fraud and Liability—Money Payments to Students." 25 April 2021. [Online]. Available: https://www.washingtonpost.com/sports/2021/04/25/ncaa-ncrr-survivor-support-fund-investigation/[11] Vice. "The NCAA Remains Corrupt Because of Absurd Immortality Clauses." 18 August 2021. [Online]. Available: https://www.vice.com/en/article/93y5q3/the-ncaa-remains-corrupt-because-of-absurd-immortality-clauses[12] The Intercept. "How the NCAA Co-opted a Branding Agency to Attack Pay-for-Play Advocates." 27 March 2020. [Online]. Available: https://theintercept.com/2020/03/27/ncaa-pay-for-play-brand-lobbying/[13] New York Daily News. "House Settlement: Everything You Need to Know." 3 October 2022. [Online]. Available: https://www.nydailynews.com/sports/college/nyu-led-basketball-lawsuit-settlement-approved-district-judge-claudia-wilken-article-1.52111325
- Judge Claudia Wilken has made it clear that the House settlement will not be accepted unless roster limits are either grandfathered or phased in, highlighting her firm stance on the matter.
- Although the $2.8 billion settlement aims to resolve antitrust lawsuits concerning the NCAA's suppression of athletes' earning potential, the proposed roster limits have sparked controversy and raised concerns among some college athletes.
- Jeffrey Kessler, one of the players' attorneys, while expressing optimism about the judge's support for the settlement's core components, has reservations about the impact of roster limits on certain players.
- The complexity of the situation has been acknowledged by Steve Berman, the court-appointed co-lead counsel, who emphasized his determination to work with the NCAA and conferences to address Judge Wilken's concerns, particularly the roster issue, as a potential trial looms if a solution is not found in the next 14 days.
