Connect with us

Published

on

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.”

Continue Reading

Sports

Ohtani’s walk-off pushes Dodgers to historic 8-0

Published

on

By

Ohtani's walk-off pushes Dodgers to historic 8-0

LOS ANGELES — Aside from his ability to pitch and hit and stretch the boundaries of imagination, Shohei Ohtani has displayed another singular trait in his time in the major leagues: an ability to meet the moment. Or, perhaps, for the moment to meet him.

And so on Wednesday night, with his Los Angeles Dodgers looking to stay unbeaten, the score tied in the bottom of the ninth, and more than 50,000 fans standing and clenching the Ohtani bobbleheads they lined up hours in advance for, Ohtani approached the batter’s box — and his teammates expected greatness.

“He’s going to end this right here,” Dodgers third baseman Max Muncy said he thought to himself.

“We knew,” starting pitcher Blake Snell said. “It’s just what he does.”

Validation came instantly. Ohtani stayed back on a first-pitch changeup from Raisel Iglesias near the outside corner and shot it toward straightaway center field, 399 feet away, for a walk-off home run, sending the Dodgers to a 6-5, come-from-behind victory over the reeling Atlanta Braves.

“I don’t think anybody didn’t expect him to hit a walk-off home run there,” Dodgers utility man Tommy Edman said. “It’s just a question of where he’d hit it.”

The Dodgers are now 8-0, topping the 1933 New York Yankees of Lou Gehrig and Babe Ruth for the longest winning streak to begin a season for a reigning champion. The Braves, meanwhile, are 0-7, the type of record no team has ever recovered from to make the playoffs. And Ohtani, with three home runs and a 1.126 OPS this season, just keeps meeting moments.

“He’s pretty good, huh?” Dodgers outfielder Teoscar Hernandez said. “It’s Shohei. He’s going to do that. He’s going to do things better than that.”

On Aug. 23 last year, Ohtani reached the 40/40 club with a walk-off grand slam. Five days later, the Dodgers staged a second giveaway of his bobblehead — one that saw his now-famous dog, Decoy, handle the ceremonial first pitch — and Ohtani led off with a home run. On Sept. 19, Ohtani clinched his first postseason berth and ascended into the unprecedented 50/50 club with one of the greatest single-game performances in baseball history — six hits, three homers, two steals and 10 RBIs. Barely two weeks later, he homered in his first playoff game.

When Ohtani came up on Wednesday, he had what he described as a simple approach.

“I was looking for a really good pitch to hit,” Ohtani said through an interpreter. “If I didn’t get a good pitch to hit, I was willing to walk.”

Of course, though, he got a good pitch.

And, of course, he sent it out.

“You just feel that he’s going to do something special,” Dodgers manager Dave Roberts said. “And I just like the way he’s not pressing. He’s in the strike zone, and when he does that, there’s just no one better.”

The Dodgers began their much-anticipated season with a couple of breezy wins over the Chicago Cubs from Japan, even though Mookie Betts and Freddie Freeman did not play in them. They returned home, brought iconic rapper Ice Cube out to present the World Series trophy on one afternoon, received their rings on another and swept a three-game series against the Detroit Tigers. Then came the Braves, and the Dodgers swept them, too — even though Freeman, nursing an ankle injury caused from slipping in the shower, didn’t participate.

The Dodgers already have two walk-offs and six comeback wins this season.

Wednesday’s effort left Roberts “a little dumbfounded.”

A nightmarish start defensively, highlighted by two errant throws from Muncy, spoiled Snell’s start and put them behind 5-0 after the first inning and a half. But the Dodgers kept inching closer. They trailed by just two in the eighth and put runners on second and third with two out. Muncy came to bat with his batting average at just .083. He had used the ballyhooed “Torpedo” bat for his first three plate appearances, didn’t like how it altered his swing plane, grabbed his usual bat for a showdown against Iglesias and laced a game-tying double into the right-center-field gap.

An inning later, Ohtani ended it.

“Overall, not just tonight, there is a really good vibe within the team,” Ohtani said after recording his fourth career walk-off hit. “I just think that’s allowing us to come back in these games to win.”

The Dodgers’ 8-0 start has allowed them to stay just ahead of the 7-0 San Diego Padres and the 5-1 San Francisco Giants in the National League West. Tack on the Arizona Diamondbacks (4-2) and the Colorado Rockies (1-4), and this marks the first time in the divisional era that an entire division has combined for at least 25 wins and no more than seven losses, according to ESPN Research. The Dodgers’ and Padres’ starts mark just the fifth season in major league history with multiple teams starting 7-0 or better, and the first time since 2003.

The Dodgers famously overcame a 2-1 series deficit to vanquish the Padres in the NL Division Series last year, then rode that fight to their first full-season championship since 1988.

That fight hasn’t let up.

“It feels like this clubhouse is carrying a little bit of the attitude we had last year that we’re never out of a game and we’re resilient, and we’ve been carrying it into this season,” Muncy said. “It’s been fun to watch. The guys don’t give up. Bad things have happened, and no one’s really been down or out on themselves. Everyone’s just, ‘All right, here we go, next inning, let’s get after it.’ The whole team, top to bottom, has been doing that. It’s been making it really, really fun to play.”

Continue Reading

Sports

‘Reason he’s here’: Crochet delivers for Red Sox

Published

on

By

'Reason he's here': Crochet delivers for Red Sox

BALTIMORE — Garrett Crochet gave the Boston Red Sox an immediate return on their investment.

In his first start since agreeing to a $170 million, six-year contract, the left-hander pitched a career-best eight innings as the Red Sox shut out the Baltimore Orioles 3-0 on Wednesday night. Crochet also threw 102 pitches, one shy of his career high.

“My first start in college I went eight, and I haven’t sniffed it since,” Crochet said.

Crochet (1-0) gave up four hits and a walk while striking out eight in his first victory since the offseason trade that sent him from the Chicago White Sox to Boston.

“That’s the reason he’s here,” manager Alex Cora said after the game. “That’s the reason we committed to him.”

Crochet went 6-12 with a 3.58 ERA last season, a bright spot on a Chicago team that lost 121 games. He threw 146 innings, which was double his previous career total since his debut in 2020.

Then Crochet was dealt to the Red Sox, and they made their long-term commitment to the 25-year-old earlier this week.

“Going back to when the trade went through, we knew Boston was a place where we would love to be long term,” Crochet said. “Credit to the front office for staying diligent, and my agency as well.”

Now the question is less about where he’ll pitch and more about how well. He’s off to a nice start in that regard.

“I can’t think of the last time I played baseball for pride. In college, you’re playing to get drafted, and once you’re in the big leagues, you’re playing to stay in the big leagues,” Crochet said. “So to have this security and feel like I’m playing to truly just win ballgames, it takes a lot of the riff-raff out of it.”

The news all around was good for Boston on Wednesday.

It reached a $60 million, eight-year deal with young infielder Kristian Campbell, and he went out and doubled twice against the Orioles.

And Rafael Devers ended a 21-at-bat hitless streak to start the season with an RBI double in the fifth inning. He finished with two hits and no strikeouts.

Information from The Associated Press was used in this report.

Continue Reading

Sports

Death of Gardner’s son pinned to carbon monoxide

Published

on

By

Death of Gardner's son pinned to carbon monoxide

SAN JOSE, Costa Rica — Carbon monoxide poisoning was the cause of death of the teenage son of former New York Yankees outfielder Brett Gardner, authorities in Costa Rica said Wednesday night.

Randall Zúñiga, director of the Judicial Investigation Agency, said 14-year-old Miller Gardner was tested for carboxyhemoglobin, a compound generated when carbon monoxide binds to hemoglobin in the blood.

When carboxyhemoglobin saturation exceeds 50%, it is considered lethal. In Gardner’s case, the test showed a saturation of 64%.

“It’s important to note that adjacent to this room is a dedicated machine room, where it’s believed there may be some type of contamination toward these rooms,” Zúñiga said.

The head of the Costa Rican judicial police added that, during the autopsy, a “layer” was detected on the boy’s organs, which forms when there is a high presence of the poisonous gas.

Gardner died March 21 while staying with his family at a hotel on the Manuel Antonio beach in Costa Rica’s Central Pacific.

Asphyxiation was initially thought to have caused his death. After an autopsy was performed by the Forensic Pathology Section, that theory was ruled out.

Another line of investigation centered around whether the family had suffered food poisoning. Family members had reported feeling ill after dining at a nearby restaurant on the night of March 20 and received treatment from the hotel doctor.

Brett Gardner, 41, was drafted by the Yankees in 2005 and spent his entire major league career with the organization. The speedy outfielder batted .256 with 139 homers, 578 RBIs, 274 steals and 73 triples in 14 seasons from 2008 to 2021.

Continue Reading

Trending