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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.
 
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.
 
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?
 
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.

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.
 
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.

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.
 

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