Stanford football player Charlie Mirer and USC football player Talanoa Ili sued the NCAA, CSC, power conferences and others on Tuesday over alleged violations of California and federal law in the way the House v. NCAA settlement restrains economic opportunities. They seek for their case to eventually be certified as a class action on behalf of Division I football and basketball players.
The lawsuit, which was filed in a California federal district court by Joshua Davis and other attorneys from Berger Montague and Freedman Normand Friedland, is premised on ideas that have been floating around the House settlement and its implementation for some time. While the settlement effectively creates a new economic order in college sports, it is still only a settlement to resolve a specific set of legal claims—and not more.
Ili & Mirer v. NCAA could spark lawsuits in other states where, like in California, statutes and executive orders are arguably at odds with the kinds of restraints on NIL compensation contained in the House settlement.
But Ili & Mirer v. NCAA will face headwinds, too. The NCAA will likely depict it as an impermissible attempt to unwind a court-approved framework. It also arguably raises issues more appropriate for review by U.S. Magistrate Judge and House settlement administrator Nathanael Cousins than a new litigation.
