Not to mention I haven’t seen an explanation of how it governs a kid in HS right now and is not a part of the class that settled - I guess you sign away your rights when you sign onto the rec share? Also once the clearinghouse says an NIL deal isn’t FMV they will just sue under state
Yep. If you distribute the money evenly, football & basketball players will Sue. If you distribute it based on revenue, the other athletes will Sue. You’re damned either way.
Who is going to sue? It will have to be athletes who opt out of the settlement, and honestly I don't know what their status will be.
The proposed settlement is for a class action lawsuit involving all D1 athletes on one side, the NCAA and all the D1 conferences on the other side. If these parties agree to settle the case, then all anti trust claims are being waived.
No State court should be willing to hear a claim arising out of a settlement of a federal lawsuit.
If an athlete believes the terms of the settlement agreement are being violated, they can bring an action in the same federal court. But an athlete who opts in cannot later claim the settlement is unfair or violates anti trust.
Title IX and the distribution of revenue sharing have been the fly in the ointment all along, since it's unclear how the money can/will be distributed. It's hard to explain why any athlete currently receiving large amounts of money would want to opt in to the settlement.
Except that, I'm not sure what happens to the athletes who opt out. They should be excluded from revenue sharing, but I'm not sure they have to be. Their NIL deals would still be subject to scrutiny, I think, so maybe something in that arena?