The lawyer responsible for securing a $2.8 billion settlement for the NCAA announced on Friday that a large number of former athletes might face a lengthy wait before receiving their dues. This delay, which could span months or even over a year, is attributed to ongoing appeals concerning the settlement.
Rakesh Kilaru, the primary attorney representing the NCAA in the negotiations for the House settlement, detailed that an appeal filed recently on Title IX grounds will impede the swift distribution of compensation to approximately 390,000 athletes involved in the class-action lawsuit.
Kilaru acknowledged that, based on previous experiences in the Californian federal court overseeing this case, appeals can take up to 18 months, although he doesn’t necessarily predict this timeframe for the current proceedings. “Both we and the plaintiffs are eager to accelerate the process,” he remarked.
The current timetable stipulates that documents pertinent to the appeal are due to be submitted by October 3. Kilaru emphasized that neither the defendants nor plaintiffs are likely to request extensions, as prolonging the appeal just further postpones compensation to the athletes.
During the appeal process, the NCAA is committed to placing the settlement funds into a designated account. This will ensure the funds are readily available once the appeal is resolved.
Despite the procedural delays, the central elements of the settlement have already been activated. These provisions allow schools to allocate up to $20.5 million in revenue sharing with current players and establish a regulatory body to oversee these operations. Kilaru highlighted the importance of implementing these changes as they offer significant advantages to students. However, he noted the commonality of postponing financial disbursements in such scenarios to avoid complications if an appeal is upheld.
The appeal was lodged by a group of eight female athletes. Their legal representative, Ashlyn Hare, clarified their stance, affirming support for the settlement but opposing any misinterpretation that contravenes federal statutes. She stated, “The miscalculation of past damages neglects Title IX, effectively denying female athletes $1.1 billion.”
Contrarily, Kilaru and other plaintiff lawyers contended that alleged Title IX breaches were irrelevant to the lawsuit’s remit. Additionally, there were objections from athletes affected by roster restrictions linked to the settlement terms. Attorney Steven Molo, representing some of these individuals, declared that they are currently assessing Judge Wilken’s ruling and considering their legal options.