Judge grants preliminary injunction over NIL rules
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Dan Murphy, ESPN Staff Writer
A federal judge in Tennessee granted a preliminary injunction Friday afternoon that prohibits the NCAA from punishing any athletes or boosters for negotiating name, image and likeness deals during their recruiting process or while they are in the transfer portal.
The injunction is not a final ruling in the case, but the judge’s decision will likely have an immediate and dramatic impact on how NIL deals are used in the recruiting process.
“The NCAA’s prohibition likely violates federal antitrust law and harms student-athletes,” U.S. District Judge Clifton Corker wrote in his decision Friday.
NCAA rules prohibit student-athletes from signing NIL contracts that are designed as inducements to get them to attend a particular school — one of the few restrictions in place for how athletes can make money. For example, the NCAA recently announced sanctions against Florida State football because a member of its coaching staff connected a prospect with a booster collective that works closely with the Seminoles. The collective made a specific offer to the player, who was considering transferring from his current school to Florida State.
The attorneys general of Tennessee and Virginia argued that the NCAA is illegally restricting opportunities for student-athletes by preventing them from negotiating the terms of NIL deals prior to deciding where they want to go to school. The lawsuit was filed Jan. 31, one day after University of Tennessee chancellor Donde Plowman revealed in a letter to the NCAA that the school’s athletic department was being investigated for potential recruiting rules violations.
In Friday’s ruling, Corker determined that the attorneys general have a reasonable chance of winning their case and that student-athletes could suffer irreparable harm if the restrictions remain in place while the case is being decided.
“Turning upside down rules overwhelmingly supported by member schools will aggravate an already chaotic collegiate environment, further diminishing protections for student-athletes from exploitation,” the NCAA said in a statement. “The NCAA fully supports student-athletes making money from their name, image and likeness and is making changes to deliver more benefits to student-athletes, but an endless patchwork of state laws and court opinions make clear partnering with Congress is necessary to provide stability for the future of all college athletes.”
Anthony Skrmetti, Tennessee’s attorney general, said in a statement Friday that his office plans to litigate the case “to the fullest extent necessary to ensure the NCAA’s monopoly cannot continue.”
“The NCAA is not above the law, and the law is on our side,” Skrmetti said.
Virginia Attorney General Jason Miyares called the win in court “rewarding” and saw it as an extension of the Supreme Court ruling in the NCAA vs. Alston case in 2021, which he said should have put the NCAA “on notice” for its legal vulnerabilities.
“We’re finally getting to the point where you’re seeing real student-athlete empowerment at the collegiate level,” Miyares told ESPN in a phone interview late Friday. “The NCAA in an arbitrary and capricious manner was trying to restrict that.”
Miyares said the NCAA model has gotten to the point where it’s unsustainable, pointing out the billion-dollar NCAA tournament television contract that was signed without the players getting any cut of it. The potential of change to NIL rules that would come with this ruling could be just the start.
“I think could be the first steps of significant change,” he said. “And I think it’s been coming for a long time.”
College athletics attorney Tom Mars, who worked with a Tennessee collective, Spyre Sports Group, on this case, said the ruling could mark the beginning of the end for the NCAA.
“I think this will be one more brick in the wall that is the end of the NCAA,” Mars said. “Short of intervention by Congress, the demise of the NCAA now seems inevitable based on nothing but a financial analysis, as it appears the NCAA is poised to lose all of its upcoming antitrust cases. The cumulative effect of which could make the NCAA financially insolvent.”
“A bad case is a bad case, and they’ve put all their defenses forward,” Mars added. “And there’s no precedent anywhere in the United States that supports their defenses.”
Corker said the NCAA’s lawyers did not make a compelling argument for why using NIL contracts as recruiting inducements would undermine the academic side of college sports.
“While the NCAA permits student-athletes to profit from their NIL, it fails to show how the timing of when a student-athlete enters such an agreement would destroy the goal of preserving amateurism,” the judge wrote.
Earlier this week, Skrmetti told ESPN that he was willing to work with the NCAA to find some middle ground on how it could enforce some of its recruiting rules while the case is resolved.
“If they want to talk about possibilities for finding a workable solution in the short term, we’re always open to conversation,” Skrmetti said, noting he had not discussed the case with NCAA leadership. “There’s no guarantee we’ll be able to reach an agreement, but if there’s a mutually agreeable path forward as we work to get these issues figured out, we’re open to that.”
In an interview with ESPN on Tuesday, NCAA president Charlie Baker said the restriction on recruiting inducements was written because the association wants athletes to choose their future schools based on the best educational opportunities rather than where they could make the most money.
“I also think it makes it enormously challenging, as we are currently seeing in the existing NIL environment, for kids and families to figure out what the right choice is in the first place because an enormous amount of information flows their way that may not in fact be accurate,” Baker said.
ESPN asked Baker if having contracts that the prospective athletes could sign before committing to a school would help ensure that the offers they were receiving were accurate or could provide some way to hold a booster or school accountable for false promises.
“I don’t know,” Baker said.
Since adopting new rules that opened the door for NIL deals in 2021, the NCAA has issued two sanctions related to how boosters used NIL opportunities as an inducement in the recruiting process: the recent Florida State case and one involving the Miami women’s basketball team in February 2023.
The NCAA has struggled to enforce the inducement rules despite widespread acknowledgement and complaints from coaches, players and administrators that offers for NIL money have become a central discussion in recruiting players out of high school and the transfer portal. The rules allow coaches and collectives to share information about a prospect’s potential earning power as long as they don’t make specific offers or promises. Without documented evidence of a violation or cooperation from parties directly involved in an offer, the NCAA’s enforcement staff doesn’t have the power to compel the information they need to levy sanctions.
Plowman, Tennessee’s chancellor, said in her letter to the NCAA that it was “intellectually dishonest” to have rules that allow collectives to meet with recruits and enter into contracts with recruits but prohibit “conversations that would be of a recruiting nature.”
“Any discussion about NIL might factor into a prospective student-athlete’s decision to attend an institution. This creates an inherently unworkable situation, and everyone knows it,” Plowman wrote. “Student-athletes and their families deserve better than this.”
Baker told ESPN that he didn’t think the NCAA was ignoring reality by asking athletes to pick their schools based on academic and athletic opportunities and worry about NIL opportunities after they arrive.
“I think the most important thing here is let’s deal with some of the issues around accountability and transparency and consumer protections first,” Baker said. “And if we then want to have a conversation about other stuff, about how this should all work, especially if we get to the point where we give schools the ability to do more in this space, I’m all-in on that.”
In a separate case about the NCAA’s rules that restrict an athlete’s ability to transfer to a new school without penalty, a federal judge decided in December to grant an injunction. That ruling compelled the NCAA to change its rules to allow athletes to transfer as many times as they would like during their college careers while the case is pending.
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NHL Power Rankings: Capitals retain the crown, plus each team’s most intriguing game before 4 Nations
NHL teams will be taking a break in the middle of February for the 4 Nations Face-Off tournament, featuring star players from each team playing for the United States, Canada, Sweden and Finland.
But before that event begins, which games are the most intriguing? As part of this week’s updated edition of the Power Rankings, we’ve identified the top captivating contest for all 32 teams — whether it’s a game against a rival, one that takes on added value in the playoff races, or something else entirely.
How we rank: A panel of ESPN hockey commentators, analysts, reporters and editors sends in a 1-32 poll based on the games through Wednesday, which generates our master list.
Note: Previous ranking for each team refers to the previous edition, published Jan. 17. Points percentages and paces are through Thursday’s games.
Previous ranking: 1
Points percentage: 73.96%
Feb. 1 vs. Jets. Not only is this a potential Stanley Cup Final preview — sponsored by the letter W? — but thanks to their heritage as the Southeast Division’s Atlanta Thrashers, the Jets franchise is the team against which Alex Ovechkin has scored the most goals in his career (55). How many will he get in this one?
Next eight days: @ VAN (Jan. 25), @ CGY (Jan. 28), @ OTT (Jan. 30)
Previous ranking: 2
Points percentage: 68.37%
Jan. 28 at Canadiens. Maybe this isn’t for the entire team, but just for a couple of Jets in particular: Connor Hellebuyck and Kyle Connor. Though this game against the Canadiens obviously counts in the NHL standings, Hellebuyck and Connor will hit this same ice at the Bell Centre on Feb. 15 as the U.S. takes on Canada in the 4 Nations Face-Off, the first best-on-best clash between these two countries since the semifinal round of the 2014 Olympics.
Next eight days: vs. UTA (Jan. 24), vs. CGY (Jan. 26), @ MTL (Jan. 28), @ BOS (Jan. 30)
Previous ranking: 3
Points percentage: 66.67%
Jan. 26 vs. Panthers. For any team that has its sights set on a long playoff run, games against the defending Cup champs take on extra meaning. The Knights lost a 4-3 overtime contest against the Cats on Oct. 19. How will this game end up?
Next eight days: @ DAL (Jan. 24), vs. FLA (Jan. 26), vs. DAL (Jan. 28), vs. CBJ (Jan. 30)
Previous ranking: 4
Points percentage: 65.63%
Feb. 1 vs. Maple Leafs. No Canadian team has won the Stanley Cup since the Canadiens in 1993, though the Oilers were just one win away in 2024. Along with the Jets, these two clubs represent the country’s best chance of breaking that streak, and the cross-continent clash will give us a preview of what a Cup Final between the two could look like.
Next eight days: vs. BUF (Jan. 25), vs. SEA (Jan. 27), vs. DET (Jan. 30)
Previous ranking: 9
Points percentage: 64.29%
Feb. 4 at Jets. A potential Stanley Cup Final preview? This matchup might not set any viewership records, but it would be superb hockey.
Next eight days: @ NYI (Jan. 25), @ NYR (Jan. 28), vs. CHI (Jan. 30)
Previous ranking: 8
Points percentage: 63.27%
Feb. 6 at Kraken. For years, Yanni Gourde tormented the Maple Leafs as a member of the Lightning. With the veteran center’s name being floated in trade rumors — and the Leafs always looking for ways to improve the team — could they be playing this game against a future teammate?
Next eight days: @ OTT (Jan. 25), vs. MIN (Jan. 29)
Previous ranking: 6
Points percentage: 62.50%
Jan. 30 at Canadiens. Future Hall of Famer Marc-Andre Fleury has announced he’ll retire at the end of this season, so — barring a Stanley Cup Final matchup between these teams — this will be his last visit as a pro to his home province.
Next eight days: vs. CGY (Jan. 25), @ CHI (Jan. 26), @ TOR (Jan. 29), @ MTL (Jan. 30)
Previous ranking: 5
Points percentage: 62.77%
Jan. 24 vs. Golden Knights; Jan. 28 at Golden Knights. The Stars have had some epic postseason showdowns with the Knights recently — and both appear playoff-bound again this season — so this pair of games will be a treat. Will the intensity match what we’ve seen in springs past?
Next eight days: vs. VGK (Jan. 24), @ STL (Jan. 25), @ VGK (Jan. 28)
Previous ranking: 12
Points percentage: 60.20%
Feb. 8 vs. Senators. There’s a possible future world in which the Panthers and Senators face off in the first round of the Stanley Cup playoffs — ensuring us at least four games of Tkachuk-on-Tkachuk combat. But let’s not get ahead of ourselves. Any game in which Brady and Matthew face off has the potential for viral highlights.
Next eight days: @ SJ (Jan. 25), @ VGK (Jan. 26), vs. LA (Jan. 29)
Previous ranking: 10
Points percentage: 63.33%
Feb. 7 vs. Stars. On some nights, the Kings look as if they could beat any team in the NHL; other nights, not so much. So this matchup against the perennial contender Stars will be a litmus test ahead of the 4 Nations break.
Next eight days: @ CBJ (Jan. 25), @ DET (Jan. 27), @ FLA (Jan. 29), @ TB (Jan. 30)
Previous ranking: 7
Points percentage: 60.00%
Feb. 6 vs. Golden Knights. Because of some wonkiness with the schedule, this is the first meeting between these two playoff-bound clubs (they’ll face off again in Vegas on March 2).
Next eight days: @ MTL (Jan. 25), @ PHI (Jan. 27), vs. PHI (Jan. 29)
Previous ranking: 11
Points percentage: 59.18%
Feb. 7 at Oilers. Once the 4 Nations Face-Off begins, Nathan MacKinnon and Cale Makar will be teammates of Connor McDavid’s for Canada. But on this night, they’ll be battling hard for two points as the Western Conference bracket remains tight.
Next eight days: @ BOS (Jan. 25), @ NYR (Jan. 26), @ NYI (Jan. 28)
Previous ranking: 13
Points percentage: 57.61%
Feb. 4, 6 vs. Senators. For the past few preseasons, there has been some thought that the Lightning would regress and one of the rising Atlantic teams would take their spot in the playoffs. So far, that hasn’t proven to be the case — but this back-to-back set against one of those rising teams will go a long way (one way or another).
Next eight days: @ CHI (Jan. 24), @ DET (Jan. 25), vs. CHI (Jan. 28), vs. LA (Jan. 30)
Previous ranking: 14
Points percentage: 57.61%
Jan. 26 at Jets. Every game is important for a team like the Flames on the cusp of a wild-card berth. But, we’ll circle this one as an old-school Smythe Division rivalry renewed, featuring two elite American goaltenders: leading Vezina Trophy candidate Connor Hellebuyck and Calder Trophy candidate Dustin Wolf.
Next eight days: @ MIN (Jan. 25), @ WPG (Jan. 26), vs. WSH (Jan. 28), vs. ANA (Jan. 30)
Previous ranking: 17
Points percentage: 54.17%
Jan. 25 vs. Maple Leafs. The Battle of Ontario continues! The Sens took Round 1 this season in Toronto, and the two clubs will face off again on March 15. These games are never boring, especially with both teams in the playoff hunt.
Next eight days: vs. TOR (Jan. 25), vs. UTA (Jan. 26), vs. WSH (Jan. 30)
Previous ranking: 19
Points percentage: 54.17%
Feb. 9 vs. Lightning. Despite modest expectations entering this season, the Canadiens remain within shouting distance of a wild-card berth. A win against their division rivals from central Florida would greatly aid in that quest.
Next eight days: vs. NJ (Jan. 25), vs. WPG (Jan. 28), vs. MIN (Jan. 30)
Previous ranking: 16
Points percentage: 54.08%
Feb. 8 vs. Rangers. For a team on the wild-card bubble, every point matters. But games against division rivals matter more — especially if a team can hand that rival a regulation loss. This game will make a statement (one way or another) for the Blue Jackets.
Next eight days: vs. LA (Jan. 25), @ VGK (Jan. 30)
Previous ranking: 18
Points percentage: 54.00%
Feb. 1 vs. Rangers. Have the Rangers turned a corner back to being a true contender after a midseason swoon? Perhaps. Whether the trend sticks or not, this is a pivotal game for the Bruins to use as a measuring stick (and the two teams will face off again four days later at MSG.)
Next eight days: vs. COL (Jan. 25), @ BUF (Jan. 28), vs. WPG (Jan. 30)
Previous ranking: 22
Points percentage: 54.17%
Jan. 28 vs. Hurricanes. Although the Rangers won their second-round playoff series against the Canes last spring, Carolina has beaten them in regulation in both matchups this season. A win here would really signal that the Blueshirts have turned around their fortunes.
Next eight days: vs. COL (Jan. 26), vs. CAR (Jan. 28)
Previous ranking: 15
Points percentage: 53.19%
Jan. 31 at Stars. If the various reports are true, the Canucks are seeking out the best new home for disgruntled center J.T. Miller. Well, on this night, they’ll be visiting one of those potential options, as the Stars are on the prowl for a veteran center to replace injured Tyler Seguin.
Next eight days: vs. WSH (Jan. 25), @ STL (Jan. 27), @ NSH (Jan. 29)
Previous ranking: 21
Points percentage: 51.02%
Feb. 4 vs. Oilers. There are some who considered Oilers goaltender Stuart Skinner a snub from Canada’s 4 Nations Face-Off roster. One of the netminders who did make it? The Blues’ Jordan Binnington. Perhaps Binnington will have extra motivation in this one to show that Hockey Canada made the right call.
Next eight days: vs. DAL (Jan. 25), vs. VAN (Jan. 27)
Previous ranking: 23
Points percentage: 51.02%
Feb. 8 vs. Penguins. Although the Keystone State battles are a little more captivating when the Flyers and Penguins are both in line for playoff berths, the matchups are typically enthralling; to wit, their matchup on Dec. 23 ended 7-3.
Next eight days: @ NYI (Jan. 24), vs. NJ (Jan. 27), @ NJ (Jan. 29), vs. NYI (Jan. 30)
Previous ranking: 24
Points percentage: 52.13%
Jan. 29 vs. Penguins. It’s a big deal any time a superstar comes to town, but Penguins games are particularly notable for UHC center Logan Cooley, who participated in Sidney Crosby‘s “Little Penguins” program as a youth player.
Next eight days: @ WPG (Jan. 24), @ OTT (Jan. 26), vs. PIT (Jan. 29)
Previous ranking: 20
Points percentage: 51.04%
Jan. 25, Feb. 8 vs. Lightning. Given the ties between the franchises — including current Detroit GM/former Tampa Bay GM Steve Yzerman — games between the two are always must-see affairs. And with the Red Wings currently chasing the Lightning in the standings, these will matter even more.
Next eight days: vs. TB (Jan. 25), vs. LA (Jan. 27), @ EDM (Jan. 30)
Previous ranking: 25
Points percentage: 48.00%
Feb. 8 at Flyers. A stretch in late January (at the Kraken, Sharks and Utah) might wield more influence on the Penguins’ playoff hopes, but a win here against the rival Flyers might mean more heading into the break.
Next eight days: @ SEA (Jan. 25), @ SJ (Jan. 27), @ UTA (Jan. 29)
Previous ranking: 26
Points percentage: 48.91%
Jan. 24 vs. Flyers, Jan. 30 at Flyers. The Islanders’ playoff hopes remain alive, and the Flyers are one of the teams over which they’ll have to climb if they want to extend their postseason streak.
Next eight days: vs. PHI (Jan. 24), vs. CAR (Jan. 25), vs. COL (Jan. 28), @ PHI (Jan. 30)
Previous ranking: 27
Points percentage: 45.92%
Jan. 28 vs. Ducks. Things haven’t gone as well as planned in Dan Bylsma’s first season behind the Kraken bench, and the team is closer to the bottom of the standings than the top. As a result, this matchup against another struggling Pacific Division club could have outsized impact on Seattle’s ultimate spot in the draft order.
Next eight days: vs. PIT (Jan. 25), @ EDM (Jan. 27), vs. ANA (Jan. 28), vs. SJ (Jan. 30)
Previous ranking: 30
Points percentage: 45.74%
Feb. 1 at Penguins. A rematch of the 2017 Stanley Cup Final! But as both GMs have continually been asked by reporters about their plans for the trade deadline, perhaps this will be a preview of some players who will find themselves skating elsewhere by March 7.
Next eight days: @ ANA (Jan. 25), vs. VAN (Jan. 29)
Previous ranking: 29
Points percentage: 42.71%
Jan. 31 vs. Predators. It’s looking more likely that the Sabres will miss the playoffs again, meaning that their rise up the draft lottery board is of no small amount of interest. Games against fellow struggling teams like the Preds will have an outsized impact.
Next eight days: @ EDM (Jan. 25), vs. BOS (Jan. 28)
Previous ranking: 28
Points percentage: 45.83%
Feb. 8 at Kings. The Ducks are mainly looking at their spot in the draft lottery standings at this point, but their final game before the break will be against the rival Kings, a matchup that always raises the proverbial temperature.
Next eight days: vs. NSH (Jan. 25), @ SEA (Jan. 28), @ CGY (Jan. 30)
Previous ranking: 32
Points percentage: 36.17%
Feb. 5 vs. Oilers. At one point, Connor McDavid was a generational star playing for a team that wasn’t winning a ton of games. Will this matchup be a look into the future for Connor Bedard?
Next eight days: vs. TB (Jan. 24), vs. MIN (Jan. 26), @ TB (Jan. 28), @ CAR (Jan. 30)
Previous ranking: 31
Points percentage: 33.33%
Jan. 30 at Kraken. At some point, these are going to be really great matchups given the wealth of young talent on both of these rosters (and in the pipelines). For now, it’s all about the nautical theming.
Next eight days: vs. FLA (Jan. 25), vs. PIT (Jan. 28), @ SEA (Jan. 30)
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