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The PAC/MWC Dominoes Begin to Fall

Quite the resume. https://www.winston.com/en/professionals/kessler-jeffrey-l

summary below by ChatGTP




1. NCAA v. Alston



Supreme Court Decision – Unanimous (9–0)





  • Overview: Kessler represented former West Virginia running back Shawne Alston and other athletes, arguing that the NCAA's restrictions on education-related benefits (like laptops, internships, and post-graduate scholarships) violated antitrust laws.
  • Outcome: The U.S. Supreme Court upheld a lower court ruling that the NCAA violated antitrust laws.
  • Impact:


  • Opened the door for schools to compete in offering educational benefits.
  • Led directly to Name, Image, and Likeness (NIL) reforms, even though NIL wasn't the direct subject of the case.
  • Justice Kavanaugh’s concurring opinion strongly suggested all NCAA compensation limits might be vulnerable under antitrust law.




2. House v. NCAA

  • Filed: 2020 by Jeffrey Kessler and Steve Berman.
  • Overview: A class-action lawsuit on behalf of college athletes seeking retroactive NIL payments and damages from the NCAA and Power Five conferences.
  • Settlement: In 2024, the NCAA and power conferences agreed to a historic $2.8 billion settlement.
  • Impact:


  • NCAA agreed to backpay damages and set up a revenue-sharing model for future athletes.
  • Paved the way for a professionalized model of college sports.
 
There are a few whiners on X complaining that no reporters are addressing the fact that the CSU Trustees must approve one of its member institutions to pursue litigation. It appears they are correct, and applies even if the lawsuit is privately funded for a sports-related issue.

Check out the CSU Trustees agenda for May 19-21, 2025 under Board of Trustees – Closed Session, which included: Anticipated Litigation: One Matter.


Maybe they already have approval?
 
Hornet25 said:
It was inevitable. Can't offer a waiver process, accept the application and fees for review and then claim there was never any avenue to be Independent.

Also, Kessler doesn't take this case unless he thinks he can win.
Click to expand...

I am absolutely shocked we were this ready with Counsel, and that it’s Kessler. For the people that say everything’s talk - Kessler already confirmed he’s representing Sac State. Dr. Wood talks big, but he’s showing he ready to take this to the mat.
 
Kadeezy said:
I am absolutely shocked we were this ready with Counsel, and that it’s Kessler. For the people that say everything’s talk - Kessler already confirmed he’s representing Sac State. Dr. Wood talks big, but he’s showing he ready to take this to the mat.
Click to expand...

NCAA is opening themselves up to not being able to prevent any school from moving up if they lose this case. I think they keep underestimating Wood.
 
the Rat said:
There are a few whiners on X complaining that no reporters are addressing the fact that the CSU Trustees must approve one of its member institutions to pursue litigation. It appears they are correct, and applies even if the lawsuit is privately funded for a sports-related issue.

Check out the CSU Trustees agenda for May 19-21, 2025 under Board of Trustees – Closed Session, which included: Anticipated Litigation: One Matter.


Maybe they already have approval?
Click to expand...
The word "litigation" only appears 3 times in the document and it appears in sections related to labor disputes and construction project related claims. Doesn't appear to be related to this potential litigation with the NCAA but I didn't do a thorough read.
 
Kadeezy said:
I am absolutely shocked we were this ready with Counsel, and that it’s Kessler. For the people that say everything’s talk - Kessler already confirmed he’s representing Sac State. Dr. Wood talks big, but he’s showing he ready to take this to the mat.
Click to expand...
We shouldn't be. The end game of this whole attempt at FBS saga ending in court had a strong possibility at the onset and it shows that Dr. Wood and his team considered this a strong possibility as the tweet indicates that Kessler has been working with Sac State in some capacity through the FBS application process.

That said, not to throw cold water on the current situation but there is no guarantee a suit is filed. I'm sure a case can't be determined to be credible until Sac State receives a formal written denial of the FBS waiver from the NCAA. I have no idea how long that takes and so far what has been made public (at least to my knowledge) is only tweets of statements pertaining to the denial.

That said, if reasons for the FBS waiver denial are solely based on not having an FBS invite then I hope this goes to court. There are a lot of optics and narratives to spin from such a case, and lots of entertainment would ensue.
 
The requirement to have a league invite to be eligible for FBS is the definition of anti competition in the Sherman Act. You can see the plan. Announce intent to be FBs, hire coach, get stadium in works, schedule FBS games in 26, talk to NCAA president in San Ramon, apply, go to media and describe the unfairness of the application denial. Brilliant strategy from a legal perspective, with the NCAA comments on record. Kessler is a top level attorney and the resume to prove it. I believe the plan put this pretty close to checkmate as a legal case can be.
 
SDHornet said:
The irony of the proverbial FBS floodgates opening up to anyone that meets the FBS requirements because they want to keep us out should not be lost on anyone.
Click to expand...
What's the odds that we suddenly get a football only invite from some conference? I'm sure that the NCAA would like to avoid losing a lawsuit over this causing them way more trouble than it's worth.
 
Hornet25 said:
It was inevitable. Can't offer a waiver process, accept the application and fees for review and then claim there was never any avenue to be Independent.

Also, Kessler doesn't take this case unless he thinks he can win.
Click to expand...
I must have missed that Georgia Tech fan posting that so you can copy and paste it.
 
HornetHope said:
The requirement to have a league invite to be eligible for FBS is the definition of anti competition in the Sherman Act. You can see the plan. Announce intent to be FBs, hire coach, get stadium in works, schedule FBS games in 26, talk to NCAA president in San Ramon, apply, go to media and describe the unfairness of the application denial. Brilliant strategy from a legal perspective, with the NCAA comments on record. Kessler is a top level attorney and the resume to prove it. I believe the plan put this pretty close to checkmate as a legal case can be.
Click to expand...
There are some pretty adamant posters on X saying we cant sue without CSU Board Approval. The reason SDSU/Fresnot did not pursue the conference shuffle litigation.

These same posters I believe are Fresnot fans who are fearful of losing the 'valley' to another program.

I am sure Wood has permission, or perhaps this is all a bluff to get the NCAA to blink?
Can we tack on monetary damages for pain and suffering?
 
Hornet25 said:
You stalking me? We can still be friends, but I have to set some boundaries.
Click to expand...
No because that post seemed informed and contained logic. Two things you have never possessed. So I immediately had to go to the only true option. Stealing.

That was the equivalent of Casey making a post that didn’t mention his time on the football team (he was an assistant equipment manager) or him being upset the Dallas Cowboys didn’t draft “insert Hornet player who didn’t get drafted here”.

I mean. We have standards here. As long as you stick above Casey, you at least belong on this board and society.
 
Kadeezy said:
Holy crap, the NYT is gonna bring a lot of attention!
Click to expand...
Here is the text for those that don't subscribe. Tons of info here:

SACRAMENTO, Calif. — One of the hottest football programs in the country resides in a nondescript office building, sharing space with the audiology clinic, nursing school and cardiovascular wellness program. Take the elevator to the third floor, turn left and you’ll find the Sacramento State coaching staff’s offices.

One is occupied by a 37-year-old first-time head coach wearing a gold chain inscribed with “Go-Go” — the name of his offense. Sitting on the desk next to him is his ubiquitous cowboy hat. He knows it’s unusual for a college coach to have tattoos on his hands and neck, but over the years, it became his thing.

“All the young coaches say I’m like the Allen Iverson (of coaching),” he says.

Brennan Marion has been on the job for only six months, but he has already managed to transform a program of modest history into a destination for recruits and transfers who might not have otherwise considered an FCS school. Part of the sales pitch is the aggressive effort by the school, with an enrollment of 31,000 and an alumni base of 280,000, to move up to the FBS level.

The program is expected to spend $4 million on name, image and likeness (NIL) in calendar year 2025, between donations and revenue sharing, according to assistant general manager Chris Parry. Marion’s salary is $750,000, and the program has a $2.7 million staff pool. All three figures are believed to be the highest in the FCS.

Seemingly overnight, long-sleepy Sacramento State has transformed into one of the flashiest athletic departments in college sports.

A men’s basketball program that has never won its conference or played in the NCAA Tournament and, as of last season, played in a 1,012-seat arena, hired former Sacramento Kings star Mike Bibby as its head coach. He, in turn, brought in NBA great Shaquille O’Neal as the program’s general manager.

Meanwhile, the football program’s recruiting weekends include Power 4-style photo shoots, with players posing next to a Mercedes-Benz GT, and buffet dinners at a ritzy downtown nightclub. This is the same program that did not notch its first FCS playoff win until 2022 (it won one again in ’23) and went 3-9 last season.
 
Kadeezy said:
Here is the text for those that don't subscribe. Tons of info here:

SACRAMENTO, Calif. — One of the hottest football programs in the country resides in a nondescript office building, sharing space with the audiology clinic, nursing school and cardiovascular wellness program. Take the elevator to the third floor, turn left and you’ll find the Sacramento State coaching staff’s offices.

One is occupied by a 37-year-old first-time head coach wearing a gold chain inscribed with “Go-Go” — the name of his offense. Sitting on the desk next to him is his ubiquitous cowboy hat. He knows it’s unusual for a college coach to have tattoos on his hands and neck, but over the years, it became his thing.

“All the young coaches say I’m like the Allen Iverson (of coaching),” he says.

Brennan Marion has been on the job for only six months, but he has already managed to transform a program of modest history into a destination for recruits and transfers who might not have otherwise considered an FCS school. Part of the sales pitch is the aggressive effort by the school, with an enrollment of 31,000 and an alumni base of 280,000, to move up to the FBS level.

The program is expected to spend $4 million on name, image and likeness (NIL) in calendar year 2025, between donations and revenue sharing, according to assistant general manager Chris Parry. Marion’s salary is $750,000, and the program has a $2.7 million staff pool. All three figures are believed to be the highest in the FCS.

Seemingly overnight, long-sleepy Sacramento State has transformed into one of the flashiest athletic departments in college sports.

A men’s basketball program that has never won its conference or played in the NCAA Tournament and, as of last season, played in a 1,012-seat arena, hired former Sacramento Kings star Mike Bibby as its head coach. He, in turn, brought in NBA great Shaquille O’Neal as the program’s general manager.

Meanwhile, the football program’s recruiting weekends include Power 4-style photo shoots, with players posing next to a Mercedes-Benz GT, and buffet dinners at a ritzy downtown nightclub. This is the same program that did not notch its first FCS playoff win until 2022 (it won one again in ’23) and went 3-9 last season.
Click to expand...

Sac State’s 2026 recruiting class is ranked just outside the top 50 nationally on 247Sports. Five-star quarterback Ryder Lyons, who grew up in nearby Folsom, took an unofficial visit there before committing to BYU. Top-10 receiver Xavier McDonald took official visits in June to LSU, Ole Miss … and Sac State.

Already on board is Jaden Rashada, the former four-star quarterback known for a massive NIL deal gone wrong at Florida, who spent his first two seasons at Arizona State and Georgia. So is running back Rodney Hammond Jr., who ran for 1,400 yards at Pittsburgh. And former Texas and Alabama receiver Agiye Hall. Marion and/or his assistants had relationships with most of the transfers they brought in.

“I love coach Marion’s offense, and I like what he’s building here,” says Rashada, a Northern California native, of the former UNLV offensive coordinator.

Fueling the transformation is an administration adamant about crashing the top level of college athletics and support from a group of willing donors dubbed the Sac12.

“There’s a lot of people in this community with real money … and they’re really all in on making this a top-tier football program,” Marion says. “If we’re announced FBS — when we’re announced FBS — the only schools on the West Coast that will have more than us financially when it comes to helping players in NIL will be USC and Oregon.”

But unlike those big-name recruits, no one in the FBS is interested in Sacramento State.
 
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