The House preliminary approval hearing is beginning soon before District Judge Claudia Wilken. Some background here, but, most importantly, details here on a future enforcement model - bit.ly/4gdrVYI

Pretty obvious early on that she plans - as expected - to approve the settlement but with modifications.

A bit of a Title IX discussion in the House hearing just now. Attorney Jeff Kessler confirms to the judge that Title IX claims are not released in the settlement & notes that Title IX issues would be related to schools' distribution of revenue to athletes. (not new, of course)

Jeff Kessler is speaking about the formula to pay the $2.77B in back damages, which at least 85% of which will go to men (football/men’s basketball), citing that these are the revenue-producing sports: “We have to follow the money. It’s the only thing we could do.”

This is interesting. Judge Wilken expresses “concerns” with language in the settlement around third-party NIL restrictions, fearing that some players who get “large sums” from third parties now (collectives, brands, etc.) won’t get them in the future rev-model.

NCAA lawyer Rakesh Kilaru confirms to the judge that current NCAA rules prohibit booster payments to athletes. The judge seems, uh, rather skeptical as she’s read “the newspapers," she says. “So, what’s going on with that?” she asks.

Jeffrey Kessler to the judge: "We do not expect third party payments from (NIL) collectives to be reduced as a result of this settlement. If anything, we think they are going to increase." Welp.

We are now at the point of the hearing where we are determining the definition of a booster. The judge is clearly questioning how you'd determine who a booster is and how you'd then enforce a policy prohibiting booster deals to athletes. Woo buddy.

NCAA lawyer Rakesh Kilaru calls the booster prohibition in the settlement is a "central part" of the agreement. "Without it, I’m not sure there will be a settlement to submit.” The judge is shaking her head, clearly skeptical of this provision.

Judge Wilken on the booster pay prohibition: “I think we’ve got problems with this. I don’t have an idea of how to fix this. I will throw it back on you all to come up with something better and consistent. Keep in mind that taking things away from people doesn’t work well.”

Judge Wilken has basically ordered the plaintiffs (House) and defendants (NCAA/P4) to "go back to the drawing board" on the policy that prohibits boosters compensating athletes through NIL deals unless they can prove that they are genuine. This is a significant issue.

The NCAA wants all three cases in the settlement - House, Hubbard and Carter - to be approved or there is likely no agreement to settle any of them. Right now, we know that House is going to be at the very least delayed as NCAA/plaintiff lawyers work on the booster policy.

Judge Claudia Wilken will not rule on approving or not approving the settlement today, she says. It's expected as she asked earlier the parties to re-examine the third-party/booster policy. But she does say it is "likely enough that there will be a settlement."

NCAA counsel Rakesh Kilaru to the judge: "Based on your comments, we have to talk about whether we have a deal." NCAA may not support a change - that the judge has ordered - to the booster/third-party NIL policy of the settlement.