Sources: NCAA in talks to settle NIL antitrust case
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Pete Thamel
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Dan Murphy
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Dan Murphy
ESPN Staff Writer
- Covers the Big Ten
- Joined ESPN.com in 2014
- Graduate of the University of Notre Dame
The leaders of college sports are involved in “deep discussions” to reach a legal settlement that would likely lay out the framework for sharing revenue with athletes in a future NCAA business model, sources told ESPN.
The NCAA and its power conferences are defendants in an antitrust class action lawsuit, House v. NCAA, which argues that the association is breaking federal law by placing any restrictions on how athletes make money from selling the rights to their name, image or likeness. The case is scheduled to go to court in January 2025. If the plaintiffs win at trial, the NCAA and its schools could be liable to pay more than $4 billion in damages, which has motivated many leaders across the industry to seek a settlement.
Sources indicated that a turning point in the discussions, which have been ongoing, came last week in the Dallas area, where the power conference commissioners, their general counsels, NCAA president Charlie Baker, NCAA lawyers and the plaintiffs’ attorneys met. (They chose the Dallas area because they were already there for the College Football Playoff meetings, which were held in that area last week.)
While sources stressed that no deal is imminent, details about what a multibillion-dollar settlement could look like are expected to be shared with campuses in the near future. There are myriad variables to get to the finish line and still some obstacles and objections at the campus level, but sources indicate that progress has ramped up in recent weeks.
A settlement would provide some legal relief for a college sports industry that’s been peppered by lawsuits. It could also serve as a keystone piece to formulating a more stable future. With the settlement expected to cost billions in back pay for former athletes, it would likely also require the NCAA and conferences to agree to a system for sharing more revenue with some of the players moving forward.
Sources indicated the top-end revenue share number per school — once it’s determined — would be in the neighborhood of $20 million annually, although that’s yet to be settled. Whatever number is set by the settlement, individual schools will be able to opt in to share revenue up to that number with their student athletes at their discretion. (They could choose to share less, but not more.)
Texas A&M athletic director Trev Alberts, for example, recently told the Bryan-College Station Eagle that schools could be adding $15 million to $20 million to their budgets annually for what he termed a “new expense category” in college athletics.
What’s uncertain, for now, are the mechanics of how this could work. Do the schools buy the NIL of their athletes? How would Title IX be impacted?
The House case is one of four active antitrust lawsuits, all of which serve as a threat to some part of the NCAA’s remaining caps on how athletes are paid. In three of those cases, including the House case, athletes are represented by veteran sports labor attorney Jeffrey Kessler.
Kessler did not respond to a request for comment Monday. His co-counsel, Steve Berman, told ESPN on Monday: “Judge Wilken has told us that she expected us to be discussing settlement given the lengthy litigation over the issues and the parties’ familiarities with the strengths and weaknesses on each side. We are simply following the judge’s instructions and have nothing to report other than that.”
In an interview with ESPN earlier this month, Kessler declined to comment on any possible negotiations but said he felt a settlement was the quickest route toward transforming college sports.
“I can’t guarantee this, but I think [the defendants’] lawyers have told them they’re in all likelihood going to lose,” Kessler said. “If they lose, the damages are going to be gigantic. Further, they’ve been told that it’s much better for them to be active participants in settling and deciding their future lives and fate than it is to let the court impose it on them.”
The House case includes two separate classes of plaintiffs. The damages class is composed of former college athletes from the past several years who argue the NCAA owes them back pay for the money they could have earned if they had been allowed to sign NIL deals prior to 2021. The injunctive class includes current college athletes, who argue that any of the existing restrictions on what types of NIL deals athletes can sign are also illegal.
In court testimony, economic experts hired by the plaintiffs argued that the damages class missed out on more than $1 billion in NIL opportunities in the years leading up to 2021. In antitrust cases, the court makes the defendant pay triple the amount of actual damages as punishment if it has violated the law — hence the estimated $4 billion price tag of a legal loss.
“If we settle for the injunction class, it will involve an agreement of what the future will look like,” Kessler said. “If we settle for the damages class, that’s basically money for the past.”
Another pending antitrust lawsuit, Carter v. NCAA, which was also filed by Kessler, argues that the NCAA should not be able to keep schools from paying players directly for their performance. While the cases do not need to be settled together, it’s likely that both sides would want to reach an agreement that is substantial enough to keep them from ending up back in court for the Carter case in the near future. Sources indicated to ESPN that schools would likely want protection from future litigation as part of a settlement in the House case.
In professional sports, revenue sharing deals are typically reached through a collective bargaining agreement. While that might also be the route for college sports if schools decide to share more with players, there is some precedent for working out the details of labor agreements within the settlement of a lawsuit. The NFL, for example, settled a case with Reggie White in 1993 that established the rules for free agency and salary caps for the league. One of the lawyers who represented White in that case was Kessler.
Along with the threat of antitrust lawsuits, the National Labor Relations Board is also reviewing a pair of cases that aim to classify college athletes as employees and allow them to unionize.
NCAA leaders have remained firmly opposed to athletes becoming employees. However, Baker — who took over as the association’s president last March — said he wants to find ways for some schools to provide more to their athletes. He proposed in December creating a new subdivision of the wealthiest teams that would be required to pay at least half their athletes a minimum of $30,000 per year.
“If you look at what Baker has been out there doing, he seems to be very aware,” Kessler told ESPN earlier this month. “Some of his proposals he’s made in December — I’m not say it’s what we’d settle for — but it’s certainly moving in the direction of proposing to give much more compensation to the athletes. That’s what we’re advocating.”
The NCAA has also attempted for the past several years to convince Congress to create new rules to help govern college sports. Among the items it would like to see in a federal law is a clause that specifies that college athletes aren’t employees. Congress has thus far made no demonstrable progress on a bill, but a significant settlement that shows a commitment to future revenue sharing in the House case could convince some lawmakers to provide help to the NCAA.
Sports
‘I didn’t know Kyle Tucker spoke’: Why the ‘silent assassin’ could be MLB’s next $400 million star
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Jesse Rogers
TEN YEARS AGO in Tampa, Kyle Tucker was on the verge of a special achievement: breaking Plant High School’s home run record, held by his brother Preston, then a rookie with the Houston Astros.
Fans and scouts lined the fences at Wade Boggs Field to watch the latest star — as well as pitching prospect Jake Woodford — at a school known for churning out baseball talent. But Tucker hadn’t had a hit in three games and was struggling — at least by his standards — according to his coach, Dennis Braun.
“The entire grass was full from dugout to dugout with scouts, which I’ve never seen before,” Braun recalled from his office. “Kyle hadn’t had a hit in like three games then he nubs a ball back to the pitcher and he didn’t make it to first base.”
Braun — as old-school as they come — wanted to pull Tucker for the lack of hustle, but he also didn’t want to risk hurting his player’s reputation with scouts watching.
“I’m like, ‘son of a b—-,’ but I let him play,” Braun said.
Instead, Braun delivered his message in private after the game, telling Tucker to always run out every ball and to just relax and play his game no matter the stakes.
Message received. In the next game, Tucker went 4-for-4 with two home runs, finishing the season with 31 home runs, breaking his brother’s career mark. Braun understood then what the rest of the baseball world has learned in the years since as Tucker made his ascent from south Florida prep star to a big league outfielder projected to earn $300-$400 million in free agency next offseason.
“Hands down, his sixth tool is he’s both mentally and physically the toughest kid I’ve ever seen,” Braun stated. “It’s not even close.”
That’s saying something, considering who else has walked the halls at Plant High. The Panthers play their home games on a field named after a Hall of Fame third baseman who is still their most famous alum, but they have also produced major leaguers Pete Alonso, Mychal Givens, Woodford, Corey Brown and Darren Clarke along with 2024 first-round pick Jac Caglianone and the Tucker brothers.
The younger Tucker graduated from Plant with the best high school career of them all, culminating in being selected by the Astros with the No. 5 pick in the 2015 MLB draft. Since then, he has improved every year, including a monster half-season in 2024 in which he produced 4.7 fWAR despite being limited to just 78 games because of a shin injury.
After being dealt to Chicago in a blockbuster trade during the offseason, the Cubs hope Tucker can lead them to the playoffs for the first time in a full season since 2018 before he hits free agency. His high school coach believes Tucker — and his sweet swing — will deliver no matter the pressure, just as he always has.
“They started nicknaming him Ted Williams,” Braun said. “That stuck for a while.”
UNLIKE THE HEADLINING stars of recent free agent classes — Aaron Judge, Shohei Ohtani and Juan Soto — Tucker is not a household name. Some of that comes from his quiet personality as you won’t find him bat-flipping or making waves with his postgame comments, but his former teammates insist there is a funny, loose side the public has rarely seen.
“Last year at spring training people got a glimpse of it,” Astros shortstop Jeremy Pena said with a smile. “He got miked up for a whole day. All the fans kept saying, ‘I didn’t know Kyle Tucker spoke.’ But to us it was normal. He was our DJ. He’s very outgoing. He’s funny. I feel like the fans will enjoy that side of him.”
Alonso — high school teammates with Tucker for two seasons — likens his personality to his game. Steady and consistent, from his prep days into his major league career.
“Honestly, he’s the same guy,” Alonso said after a recent spring training game. “He hasn’t changed a bit. I mean, he keeps the game simple. He’s just got this even-keel emotion about him both on and off the field.”
Tucker is aware of his reputation but says he does speak up when he needs to — even if he prefers to let his game do the talking.
“I feel like people think I’m pretty quiet and reserved, which I guess I am, but people probably think I’m more [reserved] than I actually am,” Tucker said recently. “I’m decently outgoing.”
Tucker also has been able to fly under the radar while putting up MVP-level numbers during his career because of all the talent around him. During his seven seasons with the Astros, he played for loaded teams, with stars like Jose Altuve, Alex Bregman, Carlos Correa and Yordan Alvarez getting most of the spotlight.
That could change with his new team this year as Tucker now enters the season as undoubtedly the best hitter in his own lineup. But there’s always been a time when Tucker was the center of attention, whether as a prep sensation drawing crowds to a Florida high school or as one of the most coveted players in the majors entering his platform season: It’s whenever he unleashes his swing at a baseball.
“It’s God-given talent,” Yordan Alvarez said through Houston’s team interpreter. “It’s a natural swing. … It hurts me that I’m not going to be sharing time with him. When he’s on a hot streak I think he’s one of the top hitters in baseball.”
IN AN ERA of constant mechanical overhauls to even the game’s best hitters, Tucker’s swing looks just as it did when he was breaking records in high school.
“Why would you mess with Ted Williams?” Braun said with a half-serious laugh, crediting the lack of rotation of his back foot that allows Tucker to stay in the zone longer than most hitters and evokes comparisons to the Splendid Splinter.
The praise of the swing from Tucker’s high school coach is echoed by others who work with elite hitters around the sport.
“It’s only unique in some of the bat shapes he gets in early,” said Troy Snitker, his former hitting coach with the Astros. “The swing itself is elite. It may look a little different in the way he slots the bat and some of the wrist angles and the flatness of his bat but after that it’s an elite swing.”
Tucker’s new hitting coach with the Cubs, Dustin Kelly, agrees with his American League counterpart: “The length that he has, the way he sets [the bat] flatter and creates a ton of rotation. So impressive.”
The effectiveness of Tucker’s swing goes beyond the aesthetic qualities that leave coaches and teammates raving. When he steps to the plate, the quiet, mild-mannered Tucker transforms into something else.
“What makes Kyle Tucker such a great hitter goes beyond the mechanics,” Pena said. “When he steps up to the plate he believes that he’s the greatest hitter on earth. … He’s a player that’s going to go in there, beat you and go home, play some video games, show up the next day and beat you again and keep doing it.
“He’s a silent assassin.”
Tucker’s biggest improvement over the last few seasons has come as much from understanding when not to swing as when to try to drive a pitch. In 2021, his walk rate was just 9.4% — 59th among qualified hitters. It has jumped in every season since, rising all the way to 16.5% last season — third in the majors, behind only Judge and Soto.
“The last couple of years I really tried to hone in on not chasing and trying to just control the strike zone better,” Tucker said. “Because you can be a drastically different player if you change nothing else but just swinging at strikes and not balls. I think I’ve done a better job at that.”
AS HIS ABILITY to lay off of pitches has moved into the class of Judge and Soto, so has Tucker’s potential offseason payday. He nearly broke the arbitration system over the winter as it couldn’t account for the massive numbers he put up in only half a season last year. Tucker and the Cubs finally settled on a contract worth $16.5 million for 2025. If he picks up where he left off, he’ll be due another huge raise when he hits free agency. He and Vladimir Guerrero Jr. appear to be the top free agents in next winter’s class, both likely to command mid-nine-figure deals.
“The numbers are crazy these days but if he has a Tucker-like year, how can he not command $400 million or more?” one executive of a small-market team said. “I’m not saying this either way, but some people believe he’s better than Soto.”
Tucker will turn 29 next winter while Soto signed with the Mets two months after turning 26, so the odds of his deal approaching Soto’s record $765 million contract are nonexistent. Still, those who have shared a dugout with Tucker point to his all-around ability as a difference-maker.
“He was the complete player,” said A.J. Hinch, who managed Tucker in Houston from 2017 to 2019. “He could come up and change the game in a few different ways. On a team that was pretty talented, he still stood out.”
During his time with the Astros, Tucker showed his diverse skill set in making three All-Star teams, winning both a Silver Slugger and a Gold Glove, twice belting 30 home runs, stealing 30 bases in 2023 and becoming one of the sport’s elite players.
“I think him and Manny Machado play the game so similarly because the game’s easy for those guys,” Alonso said. “It’s very fluid, very relaxed, because for them it’s just natural. Things came natural [to Tucker] and he just has one of those swings that it plays and it’s always played.
“He’s one of the best in the game, and the only thing that’s going to change about him is his contractual situation, not his play, not his attitude towards the game. He’s just like he was back then.”
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Chris Low
By this time in any postseason, talent and depth typically rise to the top.
Now that we’re down to the Sweet 16 in our 2025 mock NCAA football tournament, that’s apparent with 11 of the 16 teams coming from either the Big Ten or SEC.
All four No. 1 seeds are still alive, and No. 12 seed Memphis has engineered two upsets to get this far. Clemson quarterback Cade Klubnik, LSU quarterback Garrett Nussmeier and BYU linebacker Isaiah Glasker all played starring roles in the first two rounds, and Ryan Silverfield has Memphis riding an eight-game winning streak.
To recap, the original seeds were based to a large degree on ESPN’s latest SP+ projections entering the 2025 season, although seeds are a moot point as we tee it back up.
Time to finish the tournament. And the best news? There’s no blaming anything on a committee.
Midwest Regional
Semifinals
(1) Ohio State 28, (5) BYU 23: How do you cover Buckeyes receivers Jeremiah Smith and Carnell Tate? It’s a question teams asked all season. The Cougars do their best to keep Smith from torching them, but Tate does most of the damage with eight catches for 124 yards and two touchdowns.
(3) Tennessee 34, (2) Oregon 32: The Vols get back to their explosive ways on offense in 2025 with quarterback Nico Iamaleava making a big jump in his third year on campus. Oregon matches that explosiveness with Evan Stewart pulling in two acrobatic catches, leading to a late touchdown. The Ducks get the ball back, but an Arion Carter sack seals the game for Tennessee.
Regional final
(1) Ohio State 31, (3) Tennessee 21: The Vols get another shot at the Buckeyes after getting blown out in Columbus last season in the first round of the playoff. This game is much closer, and Tim Banks’ Tennessee defense holds up most of the way. But the same guy who wreaked havoc on the Vols a year ago does it again. Smith has two of his three touchdown catches in the second half to lead Ohio State to its 10th straight win.
How we got here
First round
(1) Ohio State over (16) Boston College
(2) Oregon over (15) UCF
(3) Tennessee over (14) Pittsburgh
(4) South Carolina over (13) North Carolina
(5) BYU over (12) Colorado
(11) Kentucky over (6) Louisville
(7) TCU over Georgia Tech
(9) Arkansas over (8) Boise State
Second round
(1) Ohio State over (9) Arkansas
(2) Oregon over (7) TCU
(3) Tennessee over (11) Kentucky
(5) BYU over (4) South Carolina
South Regional
Semifinals
(5) Illinois 27, (1) Texas 24: The shocker of the tournament so far, but don’t tell that to Illinois coach Bret Bielema. In his fifth season at Illinois, he had a good feeling about this team all along. The Illini returned 18 starters from their bowl team a year ago, and the two stars on defense, outside linebacker Gabe Jacas and cornerback Xavier Scott, play like stars against a Texas offense that never finds any rhythm.
(2) Notre Dame 31, (3) Miami 20: The infamous “Catholics vs. Convicts” T-shirts are reintroduced to the college football world, and that’s what everybody is talking about in the buildup to this game. Notre Dame cornerback Leonard Moore steals the show with interceptions in each half, the final one leading to the clinching touchdown for the Irish.
Regional final
(2) Notre Dame 28, (5) Illinois 21: Jeremiyah Love’s development and toughness epitomized Notre Dame’s run to the semifinals last year. He’s even more of a factor this year, and his ability to make big plays and earn the tough yards against a stout Illinois defense is the difference in this Elite Eight matchup. Love’s tackle-breaking 8-yard touchdown run gives the Irish the lead for good and caps a 138-yard rushing night.
How we got here
First round
(1) Texas over (16) Maryland
(2) Notre Dame over (15) California
(3) Miami over (14) Kansas
(4) Florida over (13) James Madison
(5) Illinois over (12) N.C. State
(11) Virginia Tech over (6) Iowa
(7) USC over (10) Minnesota
(8) Texas Tech over (9) Utah
Second round
(1) Texas over (8) Texas Tech
(2) Notre Dame over (7) USC
(3) Miami over (6) Virginia Tech
(5) Illinois over (4) Florida
East Regional
Semifinals
(1) Penn State 35, (12) Memphis 17: Memphis’ improbable run to the Sweet 16 comes to a crushing end as Penn State builds a 21-3 lead, then tees off defensively on a Memphis offense that has to resort to throwing the ball on just about every down. Nicholas Singleton and Kaytron Allen each rush for more than 100 yards for the Nittany Lions, who finish with 290 yards on the ground as a team.
(2) Alabama 27, (3) Michigan 23: In a rematch of the Rose Bowl two years ago (Nick Saban’s final game), Alabama gets a little revenge for its old coach. The Crimson Tide are held to a single touchdown in the first half, but the defense keeps them in it. Trailing 20-17 entering the fourth quarter, Alabama finds its running game. Jam Miller erupts for 72 rushing yards in the final quarter, and the Tide bullies their way into the Elite Eight.
Regional final
(2) Alabama 22, (1) Penn State 19: Ty Simpson has waited his turn at quarterback for the Crimson Tide, and even though they don’t light up the scoreboard in this defense-dominated matchup of blue bloods, he doesn’t commit a single turnover and keeps everybody on offense focused. But on Alabama’s final two drives, Simpson throws a 28-yard touchdown pass to put the Tide ahead and later converts a fourth-and-short to put the game away.
How we got here
First round
(1) Penn State over (16) West Virginia
(2) Alabama over (15) Syracuse
(3) Michigan over (14) Army
(4) SMU over (13) Tulane
(12) Memphis over (5) Texas A&M
(11) Wisconsin over (6) Oklahoma
(7) Indiana over (10) Washington
(9) Nebraska over (8) Arizona State
Second round
(1) Penn State over (9) Nebraska
(2) Alabama over (7) Indiana
(3) Michigan over (11) Wisconsin
(12) Memphis over (4) SMU
West Regional
Semifinals
(1) Georgia 35, (4) LSU 31: Georgia quarterback Gunner Stockton got a taste of postseason football last year when he filled in for Carson Beck. That experience proves valuable in this back-and-forth game, with Nussmeier throwing three touchdown passes for LSU. But Stockton is able to spread the ball around with Noah Thomas and Zachariah Branch, both transfer receivers, and tight end Oscar Delp all catching touchdown passes.
(2) Clemson 33, (3) Ole Miss 24: Dabo Swinney and Lane Kiffin have been on opposite ends of the spectrum when it comes to using the transfer portal. Swinney has barely dipped into it at all, and Kiffin has lived in it. Swinney did bring in three transfers this season, and one of them, former Purdue defensive end Will Heldt, makes life miserable for the Ole Miss offensive line. Heldt finishes with two sacks and a forced fumble, and the Tigers march onward.
Regional final
(2) Clemson 31, (1) Georgia 30: Once upon a time, these teams played every year in one of the South’s best nonconference rivalries. The Tigers, who had lost eight of their past nine games against the Bulldogs, fall behind early in this one. But Clemson cornerback Avieon Terrell, flagged for pass interference on the previous possession, intercepts a Stockton pass deep in Clemson territory, leading to a quick touchdown. That’s where the game swings, and the Tigers move a step closer to their third national title in 10 years.
How we got here
First round
(1) Georgia over (16) Oklahoma State
(2) Clemson over (15) Mississippi State
(3) Ole Miss over (14) Cincinnati
(4) LSU over (13) Florida State
(5) Missouri over (12) Rutgers
(11) Vanderbilt over (6) Kansas State
(7) Auburn over (10) Duke
(8) Iowa State over (9) Baylor
Second round
(1) Georgia over (8) Iowa State
(2) Clemson over Auburn (7)
(3) Ole Miss over (11) Vanderbilt
(4) LSU over (5) Missouri
Final Four
(2) Clemson 35, (1) Ohio State 28: The first time these teams played was back in 1978, with Clemson winning 17-15 in the Gator Bowl in Jacksonville, Florida. It was a blah game until legendary coach Woody Hayes punched Clemson’s Charlie Bauman on the sideline late in the fourth quarter after Bauman intercepted a pass. Hayes was fired the next day. This national semifinal game doesn’t include any extracurricular fireworks that rise to that level, but Klubnik and Ohio State’s Julian Sayin provide plenty of fireworks on the field. They both pass for more than 300 yards, but freshman running back Gideon Davidson delivers the winning 24-yard touchdown run for the Tigers.
(2) Alabama 33, (2) Notre Dame 27: Here the Irish are knocking on the door of a national championship for the second straight season under Marcus Freeman, who’s the subject of countless reports that NFL teams are lining up to hire him. Freeman never gives any credence to those reports, and his Notre Dame team fights its way back from a two-touchdown deficit. Driving inside the Alabama 45 with just under four minutes remaining, Notre Dame tries to run right at 326-pound defensive tackle Tim Keenan III. Big mistake. Keenan blows up the play, forcing a 5-yard loss. Notre Dame has to punt and never gets the ball back, as Alabama’s offensive line takes control of the game.
National Championship
(2) Alabama 30, (2) Clemson 24: It’s not the first time Swinney has gone up against his alma mater in the national championship game. It happened in 2015 with Alabama winning, again in 2016 with Clemson winning and then in 2018 with the Tigers claiming their second national title under Swinney. So, now, welcome to Part 4. All the gnashing of teeth in Tuscaloosa over Kalen DeBoer’s first season as coach when he lost (gasp) four games has quieted. Alabama is playing its best football of the season with some of its younger players and veterans stepping up in key roles. But it’s the most electrifying player on Alabama’s roster, receiver Ryan Williams, who wins it for the Tide, their 19th “claimed” national championship. After Antonio Williams gives Clemson the lead with a 46-yard touchdown catch down the right sideline, Ryan Williams caps a 77-yard drive for Alabama with a 2-yard touchdown catch on a pick/rub play. Sound familiar? With Clemson fans cursing the play the same way Alabama did back in 2016, DeBoer breaks through in his second season. His statue on the Walk of Champions is up by the start of the 2026 season.
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