NCAA, Power 5 Conferences Challenge Latest Ruling in House NIL Case

Front Office Sports  |  Nov 22, 2023

Earlier this month, a district court judge certified three damage classes in the House v. NCAA case — putting the NCAA on the hook for $4 billion or more in damages.

Now, the governing body and Power 5 conferences are using a rare type of mid-case appeal with the Ninth Circuit, called an interlocutory appeal.

The filing is not only an attempt to preserve the NCAA’s current amateurism model, but also to save the NCAA and conferences from suffering dire financial consequences. The nonprofit entities could, effectively, go bankrupt.

The appeal was filed on Nov. 17, and appeared in online federal court records on Monday.

House v. NCAA, a federal antitrust lawsuit filed in 2020 in California, is seeking damages for some athletes who played before NIL rules were enacted. It also argues that NIL should include broadcast deals, game promotions, and school apparel contracts — and that conferences and schools should share these revenues.