Judge set to hear NCAA settlement objections
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Dan Murphy, ESPN Staff Writer
The California-based federal judge overseeing the trio of antitrust lawsuits that could reshape college sports will weigh in for the first time Thursday on a proposed new model for paying athletes.
Judge Claudia Wilken will ask questions and gather information from plaintiffs, defendants and other parties to decide whether to grant preliminary approval for a proposed settlement between the NCAA, its five power conferences and a class of former and current Division I athletes.
Her approval would be the next, but not last, step toward implementing a system that would bring an unprecedented level of change to major college sports. Wilken does not have to decide from the bench Thursday — a ruling could come days or weeks later — but the hearing provides the first chance to gain insights about whether she feels the deal is a fair and adequate system for compensating college athletes for the next 10 years.
“I don’t think it’s possible to overstate how important this could be in the grand scheme of things for college sports. We are closer than ever to an entirely new era,” said Gabe Feldman, director of the sports law program at Tulane University and an expert in NCAA legal issues. “Part of what we’re looking for is to see if Judge Wilken has concerns about the settlement.”
The NCAA and conferences agreed in May to pay roughly $2.7 billion in damages to athletes who say their earning potential while in college was illegally restrained by the association’s rules. The parties also agreed to a forward-looking system that will allow schools to directly pay athletes via name, image and likeness deals up to a limit, which is expected to be between $20 million and $23 million per school next year and rise on an annual basis. In exchange, the NCAA would have far more leeway to enforce rules it says are designed to protect a competitive balance between schools and preserve what makes college sports unique.
Since the two sides submitted terms of their agreement in July, five groups have responded to the court with formal objections, and several other groups have raised concerns via public statements. The objectors say the deal unfairly restricts future athletes or too broadly addresses NCAA issues that don’t fall within the scope of the three cases they are agreeing to settle, among other concerns.
One group of athletes, led by former Colorado football player Alex Fontenot, argues that the settlement would unfairly eliminate their separate, pending antitrust case challenging the NCAA’s limits on what schools can pay players directly. The settlement also undervalues the potential damages that athletes could receive from the Fontenot complaint, his lawyers wrote in their objection.
A separate group of former and current women’s rowers filed an objection claiming that the settlement’s plans to distribute the overwhelming majority of the $2.7 billion in damages to football and men’s basketball players is unfair to women athletes.
As for the forward-looking terms of the settlement, multiple groups argued that the 10-year length of the settlement would bind future college athletes — some still in grade school — to the terms of a revenue-sharing deal in which they have no say. Those athletes would have the ability to object to the revenue-sharing terms but would need to convince Judge Wilken to reconsider the terms in order to create change.
Lastly, Fontenot’s attorneys argue that having the same parties negotiate the past damages and the future revenue-sharing model creates a potential conflict of interest — one in which the plaintiffs’ attorney could make concessions on the future revenue-sharing plans in an effort to make sure the lucrative damages agreement is completed. The attorneys argued that Wilken should deny the proposal and assign different groups of attorneys to represent the different classes of athletes involved in the case.
Steve Berman, co-lead attorney representing the plaintiffs in the settlement, said the objections were “silly.”
“This is an extraordinary settlement, something I didn’t think we’d be able to achieve when I started the case,” Berman told ESPN. “For all these Monday morning quarterbacks to come in and say that it’s not enough or it’s not perfect, it’s just misconceived. They’ve lost sight of the big picture.”
The NCAA did not immediately respond to a request for comment.
Wilken can ask questions of the formal objectors during Thursday’s hearing and raise their concerns to Berman and the other lawyers who negotiated the terms. Wilken, who has ruled on a series of major NCAA-related lawsuits in the last decade, is also free to broadly consider how the deal might impact the college sports industry moving forward.
Legal experts say it’s rare for a judge to deny preliminary approval in an antitrust settlement case. Tulane’s Feldman said the volume of objections is not unusual or surprising, especially in a case that affects such a large and disparate group. However, some antitrust experts say the proposed settlement is novel and broad enough that it might invite extra scrutiny from the judge.
Marc Edelman, a law professor at Baruch College and an expert in sports antitrust issues, said the parties are, in effect, attempting to use the settlement to negotiate a collective bargaining agreement with a salary cap (like those that exist in professional sports) without input from a players’ union. Several objectors noted that antitrust law prohibits any industry-wide cap on compensation unless it’s negotiated by a formal union.
The settlement could increase athlete compensation, Edelman said, but the deal is still a cap that could violate the law. While the settlement doesn’t prevent athletes from filing future antitrust claims, the financial incentive for lawyers to pursue those cases would be drastically reduced by the settlement’s terms. Edelman said that, in practice, the deal could stymie the types of legal challenges that have been the main catalyst for most major changes to the college sports industry in the last decade.
“This is backward, not forward,” Edelman said. “Even if the settlement in many ways is an important step in the right direction, at the same time it makes it more difficult to gain further reforms while imposing a new salary cap that reasonably still violates antitrust law.”
If Wilken does grant preliminary approval, current and former Division I athletes will have a window to opt out of the deal or raise further objections before it’s finalized. Berman said the plaintiffs have asked the judge for 60 days to prepare information for athletes and another 90 days to give athletes the chance to learn about the terms and raise concerns. On that timeline, the settlement would not be finalized until February at the earliest.
The settlement states that if enough athletes opt out, the deal is no longer valid. The specific number of opt outs needed to kill the deal is redacted in public court documents.
Multiple organizations with the potential to rally large groups of athletes have publicly disapproved of the current terms of the settlement. While none has started any efforts to urge players to opt out, leaders of those organizations say they will be watching Thursday’s hearing closely and will decide their next steps based on Wilken’s ruling.
The National College Players Association, which has spearheaded an ongoing National Labor Relations Board case in Los Angeles aimed at helping some college athletes achieve the right to form unions, issued a statement last week saying the settlement could give schools legal protection to create rules that would decrease the money and scholarships currently flowing to athletes.
The organization’s founder, Ramogi Huma, said he’s concerned that the settlement would allow conferences to set limits that are more restrictive than the proposed NCAA-wide spending cap. Unlike professional sports’ collective bargaining agreements, the settlement does not mandate schools share a minimum of their revenue with athletes, which Huma says creates a ceiling for athlete pay without creating a floor. The settlement also aims to eliminate a large portion of the money that currently flows to athletes from booster-led NIL collectives, which has served as a de facto salary for players over the past several years.
When combined, Huma said, those elements could lead to athletes earning less money than they do now in the NIL-driven market.
“Our hope is that [Wilken] rejects the preliminary settlement and hits the reset button on this process where the parties can go back to the drawing board and come up with something that’s fair for players,” Huma said.
Berman said he is confident that schools will want to pay players as much money as possible to remain competitive, and that Huma’s concerns were “not grounded in the economic reality of what’s out there.”
The settlement received a vote of support from Athletes.org — another organization building a players’ association for college athletes. The organization issued a statement Wednesday saying that the deal was an “important step in the right direction” but “not the end of the road for college athletes.” The group, which says it has more than 3,000 current athlete members, says the only sustainable way forward for the college sports industry is for athletes to have a voice in a “true partnership” with their schools. Their leaders are hoping that the settlement will be a catalyst for the next stage of that process taking place on individual campuses, where athletes can have a say in the resources and benefits they receive from the school.
While the settlement terms do not prohibit athletes from collectively bargaining for more benefits if they win the right to unionize, the NCAA and its schools are lobbying Congress to write laws that would block college athletes from being employees of their school, and thus the ability to form a union. College sports leaders, including NCAA President Charlie Baker, have said they hope the settlement will convince federal lawmakers to act.
Russ White, who heads a trade association of booster collectives, said rather than filing objections to the settlement, his group has been focused on lobbying Congress against the NCAA’s requested federal law. The NCAA is also asking Congress for a limited antitrust exemption, which would give the association more power to limit how much collectives are allowed to pay athletes.
Without a new federal law, White said he thinks it will be impossible for the NCAA to enforce limits on booster spending without facing further lawsuits. White said his organization has had some conversations with player advocacy groups about organizing a large opt out from the settlement if necessary. The group currently has members from 42 schools, which gives them an open line of communication with roughly 28,000 athletes.
“We could provide access to those athletes pretty quickly if needed,” White said. “Everything is on the table, but we’re waiting to see how the judge rules and where it goes from there.”
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Jeff Legwold
BOULDER, Colo. — For the horde of NFL talent evaluators and some bleachers full of fans, Colorado coach Deion Sanders said Friday that they all got to see the top two players available in this year’s NFL draft.
Quarterback Shedeur Sanders and Heisman Trophy winner Travis Hunter were among the 16 Colorado players who took part in the school’s showcase event for scouts, coaches and personnel executives from every NFL team. And Deion Sanders said the two marquee players confirmed what he has known for a long time.
“It’s tremendous,” Sanders said. “… They should be going 1-2 [in the draft], that’s the way I feel about it. They are the two best players in this draft. … The surest bets in this draft are those two young men, and I didn’t stutter or stammer when I said that.”
Neither Shedeur Sanders nor Hunter took part in most of the position drills or physical testing, but Sanders had a throwing session for just under an hour and Hunter was one of the wide receivers who participated. Neither player worked out at the scouting combine earlier this year, so it was the first time Sanders had thrown in such a setting since the end of the season. He showed some full seven-step drops and play-action from the shotgun and under center.
“I think I did pretty good, to my expectations,” said Sanders, who set the career FBS accuracy mark in his two years at Colorado (71.8%) to go with his 4,134 passing yards and 37 touchdowns last season. “I know I did the best in college football right now, for sure.”
Asked after the throwing session whether he believed he was the best quarterback in the draft, Sanders said: “I feel like I’m the No. 1 quarterback, and that’s what I know. But at the end of the day, I’m not stuck on that because it’s about the situation, so whatever situation, whatever franchise believes in me, I’m excited to go. … I’m comfortable in any situation.”
Players Hunter, who did not speak to the media after the workout, and Sanders met with the Cleveland Browns contingent, including team co-owner Jimmy Haslam, on Thursday night in Boulder.
“They got me really full,” Sanders said. “I definitely needed to go to the sauna after that. … It was a good vibe.”
Said Deion Sanders said: “[I] spoke to the owner, truly delightful. He was engaging. … I think one of those guys is going to be there [at No. 2].”
Hunter, the No. 1 player on Mel Kiper Jr.’s Big Board, did not do any defensive drills Friday, but he ran a full assortment of routes.
Colorado safety Shilo Sanders, Shedeur’s brother, offered plenty of encouragement, shouting commentary and clapping after each throw, including “not a lot of quarterbacks can make that throw” after one deep completion.
The highly attended event — by NFL representatives as well as fans packing small bleachers — had a festive atmosphere. Deion Sanders named it the “We Ain’t Hard 2 Find Showcase,” complete with a large lighted “The Showcase” sign next to the drills.
Hunter, who has said he wants to play offense and defense in the NFL, won the Chuck Bednarik (top defensive player) and Fred Biletnikoff (top receiver) awards in addition to the Heisman. He said whether he will primarily be a wide receiver or a cornerback in the NFL depends “on the team that picks me.”
On Friday, Deion Sanders said “ain’t nobody like Travis.”
Hunter had 96 catches for 1,258 yards and 15 touchdowns as a receiver last season to go with 35 tackles, 11 pass breakups and 4 interceptions at cornerback. In the Buffaloes’ regular-season finale against Oklahoma State, he became the only FBS player in the past 25 years with three scrimmage touchdowns on offense and an interception in the same game, according to ESPN Research.
He played 1,380 total snaps in Colorado’s 12 regular-season games: 670 on offense, 686 on defense and 24 on special teams. He played 1,007 total snaps in 2023.
Shilo Sanders, who hoped to show teams more speed than expected, ran a 4.52 40-yard dash after he measured in at 5-foot-11⅞, 196 pounds. He did not participate in the jumps or bench press that opened the workout, citing a right shoulder injury.
With all NFL eyes on the Colorado campus to see Shedeur Sanders throw, one player who made the most of it was wide receiver Will Sheppard. Sheppard, who measured 6-2¼, 196 pounds, ran the 40 in 4.56 and 4.54 to go with a 40½-inch vertical jump and a 10-foot-11 broad jump.
Baltimore Orioles All-Star shortstop Gunnar Henderson was activated from the 10-day injured list and will make his season debut Friday night against the Kansas City Royals.
Henderson has been sidelined with a right intercostal strain and missed the first seven games of the big league campaign.
The 23-year-old Henderson will lead off and play shortstop against the host Royals.
Henderson was injured during a spring training game Feb. 27. He was fourth in American League MVP voting last season when he batted .281 and racked up career bests of 37 homers and 92 RBIs.
Henderson completed a five-game rehab stint at Triple-A Norfolk on Wednesday. He batted .263 (5-for-19) with two homers and four RBIs and played four games at shortstop and one as the designated hitter. He did commit three errors.
“I think everybody’s looking forward to having Gunnar back on the team,” Baltimore manager Brandon Hyde said Thursday. “The rehab went really, really well. I talked to him a couple days ago, he feels great swinging the bat. The timing came, especially the last few days. He just had to get out there and get some reps defensively and get some games in, and it all went well.”
Baltimore optioned outfielder Dylan Carlson to Triple-A Norfolk to open up a roster spot. The 26-year-old was 0-for-4 with a run and RBI in two games this season.
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Jorge Castillo
When New York Mets president of baseball operations David Stearns attempted to assemble the best possible roster for the 2025 season this winter, the top priority was signing outfielder Juan Soto. Next was the need to replenish the starting rotation and bolster the bullpen. Then, days before pitchers and catchers reported for spring training, the lineup received one final significant reinforcement when first baseman Pete Alonso re-signed.
Acquiring a player with a singing career on the side didn’t make the cut.
“No, that is not on the list,” Stearns said with a smile.
Stearns’ decision not to re-sign Jose Iglesias, the infielder behind the mic for the viral 2024 Mets anthem “OMG,” was attributed to creating more roster flexibility. But it also hammered home a reality: The scrappy 2024 Mets, authors of a magical summer in Queens, are a thing of the past. The 2025 Mets, who will report to Citi Field for their home opener Friday, have much of the same core but also some prominent new faces — and the new, outsized expectations that come with falling two wins short of the World Series, then signing Soto to the richest contract in professional sports history.
But there’s a question surrounding this year’s team that you can’t put a price tag on: Can these Mets rekindle the magic — the vibes, the memes, the feel-good underdog story — that seemed to come out of nowhere to help carry them to Game 6 of the National League Championship Series last season?
“Last year the culture was created,” Mets shortstop Francisco Lindor said. “It’s a matter of continuing it.”
For all the success Stearns has engineered — his small-market Milwaukee Brewers teams reached the postseason five times in eight seasons after he became the youngest general manager in history in 2015 — the 40-year-old Harvard grad, like the rest of his front office peers knows there’s no precise recipe for clubhouse chemistry. There is no culture projection system. No Vibes Above Replacement.
“Culture is very important,” Stearns said last weekend in the visiting dugout at Daikin Park before his club completed an opening-weekend series against the Houston Astros. “Culture is also very difficult to predict.”
Still, it seems the Mets’ 2024 season will be all but impossible to recreate.
There was Grimace, the purple McDonald’s blob who spontaneously became the franchise’s unofficial mascot after throwing out a first pitch in June. “OMG,” performed under Iglesias’ stage name, Candelita, debuted at No. 1 on the Billboard Latin Digital Songs chart, before a remix featuring Pitbull was released in October. Citi Field became a karaoke bar whenever Lindor stepped into the batter’s box with The Temptations’ “My Girl” as his walk-up song. Alonso unveiled a lucky pumpkin in October. They were gimmicks that might have felt forced if they hadn’t felt so right.
“I don’t know if what we did last year could be replicated because it was such a chaos-filled group,” Mets reliever Ryne Stanek said. “I don’t know if that’s replicable because there’s just too many things going on. I don’t know if that’s a sustainable model. But I think the expectation of winning is really important. I think establishing what we did last year and coming into this year where people are like, ‘Oh, no, that’s what we’re expecting to do,’ makes it different. It’s always a different vibe whenever you feel like you’re the hunter versus being the hunted.”
For the first two months last season, the Mets were terrible hunters. Lindor was relentlessly booed at Citi Field during another slow start. The bullpen got crushed. The losses piled up. The Mets began the season 0-5 and sunk to rock bottom on May 29 when reliever Jorge Lopez threw his glove into the stands during a 10-3 loss to the Los Angeles Dodgers that dropped the team to 22-33.
That night, the Mets held a players-only meeting. From there, perhaps coincidentally, everything changed. The Mets won the next day, and 67 of their final 107 games.
This year, to avoid an early malaise and to better incorporate new faces like Soto and Opening Day starter Clay Holmes, players made it a point to hold meetings during spring training to lay a strong foundation.
“At the end of the day, we know who we are and that’s the beauty of our club,” Alonso said. “Not just who we are talent-wise, but who each individual is as a man and a personality. For us, our major, major strength is our collective identity as a unit.”
Organizationally, the Mets are attempting a dual-track makeover: Becoming perennial World Series contenders while not taking themselves too seriously.
The commemorative purple Grimace seat installed at Citi Field in September — Section 302, Row 6, Seat 12 in right field — remains there as part of a two-year contract. Last week, the franchise announced it will feature a New York-city themed “Five Borough” race at every home game — with a different mascot competing to represent each borough. For a third straight season, USA Today readers voted Citi Field — home of the rainbow cookie egg roll, among many other innovative treats — as having the best ballpark food in baseball.
In the clubhouse, their identity is evolving.
“I’m very much in the camp that you can’t force things,” Mets starter Sean Manaea said. “I mean, you can, but you don’t really end up with good results. And if you wait for things to happen organically, then sometimes it can take too long. So, there’s like a nudging of sorts. It’s like, ‘Let’s kind of come up with something, but not force it.’ So there’s a fine balance there and you just got to wait and see what happens.”
Stearns believes it starts with what the Mets can control: bringing positive energy every day and fostering a family atmosphere. It’s hard to quantify, but vibes undoubtedly helped fuel the Mets’ 2024 success. It’ll be a tough act to follow.
“It’s fluid,” manager Carlos Mendoza said. “I like where guys are at as far as the team chemistry goes and things like that and the connections and the relationships. But it’ll continue to take some time. And winning helps, clearly.”
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