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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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Nats slugger Wood commits to Home Run Derby

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Nats slugger Wood commits to Home Run Derby

Washington Nationals slugger James Wood will bring his massive power to the big stage, becoming the third player to commit to the July 14 Home Run Derby in Atlanta.

Wood, 22, has delivered 22 home runs in 86 games during his first full major league season. He was acquired by the Nationals in 2022 as part of the package of top prospects Washington received in the trade that sent Juan Soto to the San Diego Padres.

Wood announced the commitment on Instagram, with a video montage of himself, along with video clips of former Atlanta Braves star Hank Aaron hitting his record 714th home run in 1974. The video included the words, “Derby bound.”

Wood has 12 homers that have been hit harder than 110 mph. It’s the second most in the league behind Dodgers superstar Shohei Ohtani‘s 13. Wood also has four dingers that have been launched longer than 445 feet.

The Seattle MarinersCal Raleigh and the Braves’ Ronald Acuna Jr. also have committed to the event, with five more participants still to be named.

Raleigh, who would become the first catcher to win the event, has a major-league-best 33 home runs. Acuna has nine home runs in 36 games after returning from a torn left ACL that also limited him to 49 games last season.

Defending champion Teoscar Hernandez of the Los Angeles Dodgers already has said he will not defend his Home Run Derby crown.

Field Level Media and The Associated Press contributed to this report.

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Astros GM: Alvarez setback not as bad as feared

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Astros GM: Alvarez setback not as bad as feared

DENVER — Houston Astros slugger Yordan Alvarez‘s setback to his recovery from a fractured right hand is not as serious as first feared, general manager Dana Brown said Thursday.

Alvarez, who suffered the injury on May 2, was shut down after experiencing pain in his right hand. He had taken some swings at the team’s spring training complex in West Palm Beach, Florida, on Monday and when he arrived there Tuesday, the area was sore.

He was examined by a specialist, who determined inflammation was the issue and not a setback with the fracture.

“It had nothing to do with the fracture, or the fracture not being healed,” Brown said before Houston’s game at Colorado. “The fracture at this point is a nonfactor, which we’re very glad about. And so during the process of him being examined by the specialist, we saw the inflammation, and Yordan did receive two shots in that area.”

Alvarez first experienced issues with his hand in late April but stayed in the lineup. He was initially diagnosed with a muscle strain but a small fracture was discovered at the end of May.

Brown said there has not been an update on the timetable for Alvarez’s return but said with the latest update it “could be in the near future.”

“Yordan is going to be in a position where he’s going to let rest and let the shot take effect, and then as long as he’s starting to feel better, we’ll put a bat in his hand before we start hitting, but we’ll just let him feel the bat feels like,” Brown said. “And then we’ll get into some swings in the near future, but I felt like it was encouraging news. Now, with this injection into the area that was inflamed, we feel a lot better.”

Alvarez, who averaged 34 home runs over the previous four seasons, has just three in 29 games this year and is batting .210. He was the 2021 ALCS MVP for the Astros and finished third in the AL MVP voting for 2022.

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Sources: Guardians’ Ortiz faces gambling inquiry

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Sources: Guardians' Ortiz faces gambling inquiry

Cleveland Guardians right-hander Luis Ortiz is under investigation by Major League Baseball after a betting-integrity firm flagged a pair of pitches that had received unusual gambling activity, sources told ESPN on Thursday.

Sources said betting-integrity firm IC360 sent an alert in June to sportsbook operators regarding Ortiz, whom MLB has placed on “non-disciplinary paid leave” through July 17.

The alert, according to sources who reviewed it, referenced action on Ortiz’s first pitches in select innings to be a ball or a hit batsman in two games: June 15 against the Seattle Mariners and June 27 against the St. Louis Cardinals. In both the bottom of the second inning against the Mariners and the top of the third inning against the Cardinals, Ortiz threw a first-pitch slider that was well outside the strike zone.

The alert on Ortiz’s first pitches flagged bets in Ohio, New York and New Jersey. Betting on the result of first pitches is offered by some sportsbooks, with such wagers commonly referred to as microbets.

Ortiz’s paid leave, which ends at the conclusion of the All-Star break, was negotiated between the league and the MLB Players Association. If the investigation remains open, the leave could be extended.

Ortiz had been scheduled to start Thursday night’s game against the Chicago Cubs.

“The Guardians have been notified that Luis Ortiz has been placed on leave per an agreement with the Players Association due to an ongoing league investigation,” the team said in a statement. “The Guardians are not permitted to comment further at this time and will respect the league’s confidential investigative process.”

The investigation into Ortiz’s potential violation of the league’s gambling policy comes a little more than a year after MLB levied a lifetime ban against San Diego Padres infielder Tucupita Marcano for placing nearly 400 bets on baseball. Four other players received one-year suspensions for gambling on baseball while in the minor leagues. In February, MLB fired umpire Pat Hoberg — widely recognized as the best ball-strike arbiter in the game — for “sharing” a legal sports betting account with a friend who bet on baseball and later deleting messages key to the investigation.

A 26-year-old starting pitcher, Ortiz was acquired by Cleveland from the Pittsburgh Pirates over the winter as part of the three-team trade in which the Guardians sent second baseman Andres Gimenez to the Toronto Blue Jays. With a 4-9 record and 4.36 ERA, Ortiz has been a staple in a Guardians rotation whose 4.13 ERA ranks 18th in MLB.

Ortiz’s leave comes amid a slide for the Guardians, who have lost six consecutive games to drop to 40-44. While Cleveland remains in second place in the American League Central, it trails first-place Detroit by 12½ games.

Ortiz signed with the Pirates in 2018 at 19 years old, far later than the typical prospect, and didn’t reach full-season ball until 2021. He quickly shot through the Pittsburgh organization and debuted in 2022, eventually throwing 238⅓ innings and posting a 3.93 ERA in his three seasons with the Pirates.

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