NIL Athletes’ Future Hangs in Balance As Olivia Dunne’s Fight Against NCAA’s $2.8 Billion Settlement Set To Reach Final Stand

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Olivia Dunne and other top NIL stars are at a crossroads as the NCAA’s proposed $2.8 billion settlement nears its final decision. Dunne, one of the most influential college athletes, took a stand last month by formally objecting to the agreement, arguing that it lacks transparency and unfairly distributes compensation. Her objections are among more than 35 formal filings from current and former athletes, legal experts, and sports advocates who believe the deal overwhelmingly benefits football and men’s basketball players at the expense of others. Now, the fate of the settlement—and the future of college athlete compensation—rests in the hands of U.S. District Judge Claudia Wilken.

Wilken has now set the rules for the April 7 hearing, making it clear that she cannot modify the settlement, despite calls from objectors to change key aspects like roster-size limits. That means there are only two options left: approve the deal as is, or reject it and set a trial date. With no room for revisions, the decision will have massive consequences for thousands of college athletes, including NIL stars like Dunne, whose financial opportunities could be shaped by the ruling.

U.S. District Judge Claudia Wilken sets rules for April 7 hearing on proposed House-NCAA settlement, including that she cannot order changes to agreement, as many of those who have objected to roster limits have urged.

It’s either approve it, or reject it and set a trial date. pic.twitter.com/P1PJSAskF1

— Steve Berkowitz (@ByBerkowitz) March 5, 2025

 

The proposed settlement, which would distribute $2.8 billion in damages over a decade, is designed to compensate past and present athletes for previous NCAA restrictions on name, image, and likeness (NIL) earnings. It would also allow Division I schools to directly pay athletes for NIL, but with a per-school cap on payments that some argue replaces one illegal restriction with another.

Additionally, the agreement introduces strict roster-size limits, which critics claim could eliminate hundreds—if not thousands—of scholarships, disproportionately affecting non-revenue sports and female athletes. This has raised significant Title IX concerns, with many arguing the deal would create gender-based inequities in college sports. Beyond Olivia Dunne’s objections, resistance to the settlement has intensified in recent weeks.

Olivia Dunne and other athletes push back despite Plaintiffs’ attorney’s confidence

A group of 76 athletes who opted out of the agreement filed a new antitrust lawsuit against the NCAA and Power Five conferences. Led by former Mississippi State running back Kylin Hill, the lawsuit challenges the fairness of the settlement and the NCAA’s continued influence over athlete compensation.

Meanwhile, other high-profile figures, including former Kansas basketball star Frank Mason III and ex-Boston College quarterback Thomas Castellanos, have also filed objections, joining a growing chorus of opposition from legal experts, Title IX advocates, and even some current college coaches. One critical issue regarding the settlement lies in distributing NIL payments among participating athletes.

According to the established formula, most money goes to male football and men’s basketball athletes, while female athletes and Olympic participants receive substantially less compensation. A significant concern exists regarding the ability of plaintiffs’ attorneys to serve as proper representatives for various groups of participants because their expected legal fees will exceed $750 million.

Meanwhile, athletes with different sports and scholarship backgrounds face unequal payments. Plaintiffs’ lead attorney, Steve Berman, remains confident about the settlement approval even with the rising opposition. According to him, people exhibit varied emotions when it comes to passionate matters so there will inevitably be disagreement.

The upcoming April 7 ruling will reshape the future of college sports because it will define how top NIL athletes like Olivia Dunne will be compensated while affecting all future compensation for college athletes.

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