State Seeks to Derail NCAA NIL Settlement
The State of South Dakota has unleashed a two-pronged attack attempting to undo, or at least modify, the NCAA’s settlement of antitrust claims regarding its name, image, and likeness rules. In September, shortly after the $2.78 billion settlement was announced, South Dakota sued the NCAA on behalf of the University of South Dakota and South Dakota State University in a separate case, complaining that the settlement would result in non-power-conference schools losing approximately $960 million in NCAA distributions to help pay for the deal.
Then, two weeks ago, just after the federal judge hearing the main antitrust case granted preliminary approval of the settlement, the state filed a motion in that case arguing that the settlement notice provided to the various state Attorneys General did not satisfy the requirements of the Class Action Fairness Act. This is an unusual challenge to a class-action settlement, so we thought we would take a further look at what South Dakota is arguing.Continue Reading South Dakota a Giant (Settlement) Killer?