NIL Laws · OH

Ohio

High-school NIL: permitted with conditions. College NIL is addressed by state law alongside the NCAA/House framework. Agent rules below.

High School NIL
Permitted with conditions

The OHSAA permits high-school NIL: deals must stay independent of the school (no marks, uniforms, facilities), cannot be performance-based, and exclude restricted categories.

Citation · OHSAA NIL bylaw (2022)
What This Means

Ohio high-schoolers can lawfully monetize their brand within the association's guardrails.

Insight: Ohio flipped after a member vote — its bylaws are specific about categories; check the current restricted list before every deal.
College NIL

Ohio authorizes college NIL by statute (enacted via executive action then codified), including post-House institutional involvement.

Citation · Ohio Rev. Code §3376 (NIL provisions)
What This Means

College NIL and school revenue-share are lawful in Ohio within NCAA/House limits.

Insight: Ohio State runs one of the largest NIL ecosystems in the country — deal flow is real, and so is the compliance office's scrutiny.
Agent Regulations

Ohio requires athlete agents to register under its athlete-agent statute.

Citation · Ohio Rev. Code ch. 4771 (UAAA)
What This Means

Agents must register with the state before soliciting Ohio athletes.

Insight: Ohio's registration runs through a licensing portal — confirm the filing and its expiration date; lapsed registrations are common.
Look Up Registered Agents →

The NCAA & Federal Layer

State law is only half the rulebook. Wherever you play, the NCAA framework reshaped by the House settlement — plus the new age-based eligibility model and one federal statute on agents — sits on top of your state's rules.

Revenue sharing (House settlement)

Since July 2025, Division I schools that opted into the House v. NCAA settlement may pay athletes directly, capped at roughly 22% of average power-conference athletics revenue. The cap was about $20.5M per school in year one and rises roughly 4% a year — approximately $21.3M for 2026–27. Roster limits replaced scholarship limits, and the large majority of Division I schools have opted in.

House v. NCAA settlement (N.D. Cal., final judgment June 6, 2025)
What this means: Your school can now be a counterparty, not just a bystander. Campus revenue-share agreements are real contracts with real obligations — and the cap is a ceiling on the school's side of the table, not on third-party NIL.
NIL Go clearinghouse

Third-party NIL deals of $600 or more must be reported through NIL Go, the clearinghouse run by the College Sports Commission with Deloitte, generally within five business days. Reporting and valuation are separate tests, and the valuation test has loosened twice: effective July 1, 2026 an individual deal up to $15,000 is exempt from "range of compensation" review (up from $2,500 in April 2026 and $600 before that), and an athlete may take up to $50,000 in total associated-entity deals in an academic year before that review is triggered. Every deal at every dollar figure still has to clear the valid-business-purpose requirement. Deals involving an "associated entity" draw the closest review. In August 2026 the House court declined to exempt multimedia-rights companies and third-party brand sponsors from that designation as a category, leaving them subject to review case by case — chiefly where the company both manages a school's intellectual-property rights and arranges deals for that school's athletes.

College Sports Commission — NIL Go reporting requirement; CSC range-of-compensation guidance eff. July 1, 2026; NCAA Bylaw 22.1.3; In re College Athlete NIL Litig., No. 4:20-cv-03919 (N.D. Cal.) (associated-entity rulings, June–Aug. 2026)
What this means: Most real deals must still be disclosed at $600, but small and mid-size deals are no longer priced against the model — while the valid-business-purpose screen applies to all of them. Paper a genuine deliverable, not a number. Routing a deal through your school's multimedia-rights partner does not put it outside the clearinghouse. The clearinghouse itself is also under direct antitrust attack — see the litigation section below.
Eligibility — the age-based model

On June 23–24, 2026, Division I adopted an age-based eligibility model replacing "four seasons in five years." An athlete generally gets five years of eligibility if they first enroll full time no later than the academic year after their 19th birthday. The clock pauses only for pregnancy, active-duty military service, and official religious missions. Full implementation applies to athletes enrolling in fall 2027 and later; fall 2026 enrollees are in a transition period, and athletes already enrolled may use whichever model helps them more.

NCAA Division I age-based eligibility model (adopted June 2026); NCAA Bylaw 12.6
What this means: Eligibility is now a calendar, not a waiver conversation — the old waiver path largely closed on July 31, 2026. The rule is also the single most litigated thing in college sports right now, and courts have enjoined parts of it.
Enforcement

The College Sports Commission — not the NCAA — enforces the settlement's compensation rules for participating schools. Significant portions of the settlement and its implementation remain in active litigation, so details continue to shift.

College Sports Commission (est. 2025)
What this means: A new regulator with new processes: expect documentation requests, and expect the rules to keep evolving for a few more seasons.
Agents — the federal floor

The federal SPARTA statute prohibits agents from using false promises, providing inducements, or failing to disclose required warnings when recruiting student-athletes — in every state, on top of any state act.

15 U.S.C. §7801 et seq. (SPARTA)
What this means: Even in states with no agent registry, deceptive agent conduct is federally unlawful. There is always a rulebook.
Federal legislation — still not law

Congress still has not passed a national NIL statute, but the Protect College Sports Act of 2026 is the closest anything has come. It would preempt state NIL laws, classify athletes as non-employees, and grant the NCAA a limited antitrust exemption. The Senate Commerce Committee advanced it to the full Senate on June 18, 2026 by a bipartisan 19–9 vote, and on August 4, 2026 the Committee released revised text negotiated after the SEC and Big Ten endorsed the bill — hardening the revenue-share cap so associated-entity deals count against it, adding a $22.5M athlete-retention pool (up to $27.5M if the extra is matched by NIL spending on women's and Olympic sports), adopting the House settlement's associated-entity definition, and adding certification requirements for multimedia-rights holders, sponsors, apparel companies and vendors. The push for a floor vote then stalled: ten Republican senators filed objections on August 8, 2026 and the Congressional Black Caucus announced its opposition, and the Senate recessed early on August 9, 2026 without voting. The Senate returns September 14, 2026, and co-sponsor Sen. Maria Cantwell says Majority Leader John Thune has committed to a date in September. It has not passed the Senate, has had no House vote, and is not law. The SCORE Act remains stalled in the House.

Protect College Sports Act of 2026 (S. 4668) — reported by Senate Commerce June 18, 2026 (19–9); revised text released Aug. 4, 2026; no floor vote before the Senate's Aug. 9, 2026 recess; SCORE Act (H.R., stalled)
What this means: Watch this one, but do not plan around it. It missed its best window in August and now has to clear the Senate, then the House, in an election year — and even the revised text would tighten the cap rather than loosen it, with associated-entity money counting against it. That is the provision to read if you deal with a collective or a rights holder. Until something is actually enacted, state law plus the courts are the rulebook.
The executive order — pressure, not statute

An executive order titled "Urgent National Action to Save College Sports," signed April 3, 2026, directs federal agencies to condition grant and contract eligibility on athletics-rule compliance, targets so-called fraudulent NIL schemes and booster/collective contributions, and encourages national rules limiting participation to five years and restricting transfers. OMB and GSA were tasked with implementing guidance, with an August 1, 2026 effective date.

Exec. Order, "Urgent National Action to Save College Sports" (Apr. 3, 2026)
What this means: An executive order is not a statute and does not by itself rewrite your rights. Its leverage is federal funding — it reaches schools through their grants and contracts, not athletes directly. Watch what OMB and GSA actually issue; that guidance, and any challenge to it, is where the real effect will show up.

See the litigation that could change all of this →

The NCAA In Court — Nationwide

Current Litigation

The NCAA is defending on four fronts at once: how athletes get paid, who is eligible to play, whether athletes are employees, and what it owes for civil-rights and health claims. These cases are national — they are not a state-by-state question, and a ruling in Colorado or Ohio can change what your school can do tomorrow.

Docket status verified as of August 18, 2026

The Money — Compensation, Revenue Share & The Clearinghouse

Every case here can change how much your school may pay you, what a third-party deal must survive, and when back damages actually land.

House v. NCAA
On appeal — back pay paused
N.D. Cal. (Judge Claudia Wilken) · appeals consolidated in the Ninth Circuit

Issue: The antitrust case that produced the $2.576 billion settlement, direct revenue sharing, and roster limits.

Where it stands: Final judgment entered June 6, 2025. Roughly a dozen appeals are consolidated in the Ninth Circuit, led by objectors arguing the back-damages formula — which sends over 90% of the fund to male football and basketball players — violates Title IX. The appeals paused distribution of the back-damages fund; go-forward revenue sharing was not stayed. Oral argument has not been formally calendared; the Ninth Circuit has tentatively pointed to November 2026. A second track is live in the district court: incoming Division I athletes joining for 2026-27 have their own right to object to the injunctive-relief settlement, objections were due August 11, 2026, two more incoming athletes filed objections on August 17, 2026, responses are due September 1, 2026, and Judge Wilken will hear the objections on September 25, 2026.

In re College Athlete NIL Litig., No. 4:20-cv-03919 (N.D. Cal.)
Why it matters to you: Revenue sharing keeps running. If you are a former athlete owed back damages, that money is frozen until the Ninth Circuit rules — and the allocation formula itself could be rewritten.
House implementation — the multimedia-rights fight
Decided — CSC oversight upheld
N.D. Cal. (Judge Wilken; Chief Magistrate Judge Nathanael Cousins as Special Master)

Issue: Whether the College Sports Commission may treat multimedia-rights companies and third-party brand sponsors as "associated entities," pulling the deals they arrange into NIL Go review.

Where it stands: Class counsel moved April 20, 2026 to enforce the settlement against the CSC. The Special Master denied that motion June 25, 2026 (Dkt. 1136), declining to exempt multimedia-rights companies and brand sponsors as a category. Plaintiffs objected and moved for reversal July 9, 2026 (Dkt. 1138); the NCAA opposed July 23, 2026 (Dkt. 1142), and the noticed August 13 hearing was vacated July 10, 2026 (Dkt. 1139). On August 4, 2026 Judge Wilken affirmed the Special Master's order, declining to declare categorically that multimedia-rights companies fall outside the entities the CSC may review — so they remain subject to review case by case, chiefly where the company both manages a school's intellectual-property rights and arranges deals for that school's athletes. The same order held that plaintiffs are entitled to request and receive documents about the CSC's investigations of multimedia-rights companies and third-party brand sponsors, so class counsel can test whether the CSC is in fact deciding associated-entity status case by case; disputes over that production go to Magistrate Judge Cousins, and the parties were directed to confer by August 18, 2026.

In re College Athlete NIL Litig., No. 4:20-cv-03919 (N.D. Cal.)
Why it matters to you: A deal papered through your school's multimedia-rights partner is not automatically outside the clearinghouse. Assume a Learfield, Playfly or JMI deal can be reviewed like a collective deal, and document the market value behind it before you sign.
Ili v. NCAA
Newly filed — motions to dismiss
N.D. Cal. (Judge P. Casey Pitts) · filed June 9, 2026

Issue: A class action attacking the revenue-share cap and the NIL Go clearinghouse as federal and state antitrust violations, and as conflicting with NIL statutes in roughly 17 states.

Where it stands: Filed June 9, 2026 by two college football players. The court set a briefing schedule on July 31, 2026; defendants' answer or motion to dismiss is due September 11, 2026. No ruling yet.

Ili v. NCAA (N.D. Cal.) — NCAA, power conferences & College Sports Commission named
Why it matters to you: This is the head-on attack on NIL Go. If it succeeds, the fair-market-value screen your deals run through could be narrowed or eliminated.
Fontenot v. NCAA (consolidated with Hill v. NCAA)
Pending — discovery & mediation
D. Colo. (Judge Charlotte N. Sweeney)

Issue: A damages case attacking pay-for-play restrictions more broadly than House, brought by athletes who stayed outside that settlement.

Where it stands: Survived dismissal and remains live. Discovery deadlines were extended by joint motion in May 2026, settlement mediation was set for June 24, 2026, and a substantial document production is due August 21, 2026. No trial date has been set.

Fontenot v. NCAA, No. 1:23-cv-03076 (D. Colo.)
Why it matters to you: A second damages front the House settlement did not close — and a reminder that opting out of a class settlement can preserve real claims.
Jenkins v. NCAA
Dismissed — on appeal
S.D.N.Y. (Judge Denise L. Cote) · on appeal to the Second Circuit

Issue: A separate challenge to NIL compensation restrictions.

Where it stands: Dismissed December 15, 2025 on statute-of-limitations and settlement-preclusion grounds. Notice of appeal filed January 8, 2026; the appeal is pending.

Jenkins v. NCAA (S.D.N.Y.), appeal filed Jan. 8, 2026
Why it matters to you: Shows how broadly courts are reading the House release. If you were in a settlement class, assume your claim may already be gone.

Eligibility — The Largest Wave

Since Pavia v. NCAA in December 2024 the NCAA has faced more than 70 eligibility suits, and the June 2026 age-based rule set off a second wave. Outcomes are genuinely split — the same rule is enjoined in one courthouse and upheld in the next.

Wisne v. NCAA
In effect — 10th Cir. weighing stay
D. Colo. (Judge Charlotte N. Sweeney) · on appeal to the Tenth Circuit

Issue: Whether the NCAA may apply its new age-based eligibility rule to shut the high-school class of 2022 out of a fifth season.

Where it stands: Plaintiffs styled their motion as one for a temporary restraining order but pleaded a preliminary injunction in the alternative; on July 31, 2026 the court construed it as a preliminary-injunction motion and granted that relief outright, together with certification of a nationwide Rule 23(b)(2) class of Division I athletes who began play in 2022–23, completed four years of eligibility under the old rules by the end of 2025–26, and are barred from a fifth season by the new rule. The court held eligibility rules are commercial under Section 1 of the Sherman Act and likely an unreasonable restraint, rejected the NCAA's argument that "exiting" one class of athletes expands output, found irreparable harm, and held the House settlement released nothing here because the rule was adopted after that settlement was finally approved. A clarification order issued August 2, 2026 sets the reach of the injunction: the NCAA is enjoined from prohibiting class members from competing in a fifth season "under the Rule … or any NCAA Bylaw," but the order does not enjoin the House settlement or its terms, does not enjoin transfer rules, does not enjoin roster caps, and does not stop a member school from making eligibility decisions based on whether an athlete was over twenty years old when they enrolled in 2022–23. Those four words — "or any NCAA Bylaw" — are now the fight. The NCAA moved to stay the injunction on August 2, 2026 (Dkt. 43), calling the order "egregiously wrong," and filed its notice of expedited appeal to the Tenth Circuit on August 3, 2026 (No. 26-1309). On August 10, 2026 Judge Sweeney denied that stay in full (Dkt. 56), rejecting the NCAA on all four Nken factors: it had made no strong showing of likely success — its stay motion "essentially rehashes arguments" already rejected and barely engaged the clear-error standard that governs the court's factual findings on appeal; it offered no evidence of irreparable harm to itself; its claim that the class faces only "minimal harm" the court answered with a one-word "Nonsense"; and the public interest lies in antitrust compliance. The order's framing is that the disruption the NCAA complains of is "a bind of its own making." The injunction therefore remains in force. The NCAA had already filed an emergency motion in the Tenth Circuit before the ruling (No. 26-1309, Dkt. 9), and on August 11, 2026 that court entered an expedited briefing schedule on whether to pause the injunction while the appeal proceeds: the athletes' response was due August 14, 2026 and the NCAA's reply August 17, 2026. That is a scheduling order and nothing more: the class filed its response on August 14, 2026 and briefing closed on August 17, 2026 with the NCAA's reply. As of August 18, 2026 the Tenth Circuit has both sides' briefs in hand, has not ruled, and has not entered an administrative stay — so the injunction is live and the stay motion is now fully submitted. A ruling can land any day, with no further scheduled step in front of it. Separately, plaintiffs moved August 4, 2026 to enforce the injunction (Dkt. 46), arguing the NCAA is using transfer rules and transfer-related penalties to confine class members to a single buyer of their labor — the school they played for in 2025–26, which may have no roster spot left — and asking the court to require notice to schools and procedures for signing fifth-year athletes. The NCAA reads the four words narrowly, noting the same order says it does not enjoin transfer rules. That motion is fully briefed, and the court said it will rule in a forthcoming order.

Wisne v. NCAA, No. 1:26-cv-03063, 2026 WL 2214234 (D. Colo. July 31, 2026) (prelim. inj. & class cert.); clarification order (Aug. 2, 2026) (Dkt. 41); order denying stay (Aug. 10, 2026) (Dkt. 56); appeal docketed and expedited stay briefing set (response Aug. 14, reply Aug. 17, 2026), No. 26-1309 (10th Cir. Aug. 11, 2026)
Why it matters to you: As of today a large class of 2026 graduates can play a fifth season, and the trial judge has now refused to pause that twice over. Where they can play it is still the unsettled part: the order expressly leaves the NCAA's transfer rules standing, and whether it nonetheless bars the bylaws the NCAA uses to keep those athletes off other rosters is awaiting a ruling. Eligibility is not a roster spot, a scholarship, or a portal window. Treat this as the narrowest window on the board: the stay motion is fully briefed and submitted, so the Tenth Circuit could pull the whole thing back on any day now, without warning and without another deadline to watch first. If you are deciding whether to enroll, sign, or turn down another opportunity in reliance on a fifth season, understand that the legal ground under it may move before the season starts — confirm the status the day you act on it, not the week.
The eligibility MDL — In re NCAA Age-Based Eligibility Rules
Hearing set — Sept. 24 in Chicago
Judicial Panel on Multidistrict Litigation (NCAA seeks M.D. Tenn.)

Issue: Whether the scattered eligibility suits get centralized before one judge.

Where it stands: The NCAA moved August 1, 2026 to centralize the eligibility actions in the Middle District of Tennessee, where it says most named plaintiffs reside. The Panel docketed the motion as MDL No. 3198 and on August 5, 2026 set a briefing schedule: responses are due August 26, 2026 and the NCAA's reply September 2, 2026. Eight actions are named so far — Wisne, Morton, Fuller, Wiley, Zeigler, Pavia, Boyd and Patterson. Parties in Zeigler jointly moved to stay pending the Panel's decision, and the NCAA filed MDL notices in Patterson and Boyd in early August 2026. On August 14, 2026 the Panel set the motion for argument at its September 24, 2026 hearing session in Chicago — 9:30 a.m. Central, at the Northwestern Pritzker School of Law.

In re NCAA Age-Based Eligibility Rules Antitrust Litig., MDL No. 3198 (J.P.M.L.)
Why it matters to you: One judge could soon control the entire eligibility docket — including the fate of injunctions athletes have already won. Nothing is centralized yet, and now there is a date on it: the Panel does not hear the motion until September 24, 2026, so the split results below stay in force through the start of the season no matter how the Panel eventually rules.
Borovicanin v. NCAA
Stayed — injunction paused on appeal
Hamilton County (Ohio) Court of Common Pleas (Judge Wagner)

Issue: Twenty-four basketball players excluded from a fifth season — pleaded as a state contract claim rather than antitrust.

Where it stands: Preliminary injunction entered July 9, 2026 barring the NCAA from enforcing Bylaw 12.6 and transfer-portal requirements against the plaintiffs, secured by a $200,000 bond. Judge Wagner then denied the NCAA's motion to stay his own injunction, writing that a stay was not warranted and that the NCAA "is subject to the results of its own decisions." The NCAA appealed to the Ohio First District Court of Appeals (No. C2600335) and filed its opening appellant brief on August 10, 2026, along with a reply pressing for a stay and for expedited briefing, argument and decision. On August 11, 2026 that court held it does have jurisdiction over the appeal — rejecting the threshold challenge that would have ended it — but deferred any decision on the stay. On August 17, 2026 the First District granted it, finding the NCAA had "presented a substantial case on the merits and have demonstrated irreparable harm." The July 9 injunction is therefore paused while the appeal proceeds. The athletes' appellee brief is due September 9, 2026 and an optional reply September 19, 2026; discovery continues below.

Borovicanin v. NCAA, No. A2603352 (Ohio Ct. Com. Pl. July 9, 2026), appeal docketed, No. C2600335 (Ohio Ct. App. 1st Dist.)
Why it matters to you: The stay does not put these twenty-four players on the sideline. They also fall inside the nationwide Wisne class, so their eligibility now rests on that federal injunction rather than on this order — which is the practical lesson: a second, independent basis for relief is what keeps you playing when your own case gets paused. It cuts the other way too. State contract theories have been winning at the trial level, but the first appellate court to weigh one on the merits leaned toward the NCAA.
The appellate line — Fourqurean, Elad & Robinson
NCAA winning on appeal
Seventh, Third and Fourth Circuits

Issue: Whether athletes can preliminarily enjoin the five-year and JUCO eligibility rules.

Where it stands: All three circuits reversed or vacated athlete injunctions. All three also held that eligibility rules are commercial and reachable under the Sherman Act — but require a full rule-of-reason analysis with real market evidence, not a "quick look." A Sixth Circuit appeal in Zeigler is pending.

Fourqurean v. NCAA, 143 F.4th 859 (7th Cir. 2025); Elad v. NCAA, No. 25-1870 (3d Cir. Nov. 25, 2025); Robinson v. NCAA, No. 25-2003 (4th Cir. Apr. 3, 2026)
Why it matters to you: The bar is higher than the early headlines suggested. An eligibility injunction now needs an economist and a defined labor market, not just a sympathetic story.
Patterson v. NCAA & Zeigler v. NCAA
Denied below — now waiting on Wisne
M.D. Tenn. (Chief Judge William L. Campbell, Jr.); E.D. Tenn. (Judge Katherine A. Crytzer) · Zeigler on appeal to the Sixth Circuit

Issue: Fifth-season claims under the four-seasons limit.

Where it stands: Patterson denied a preliminary injunction on January 15, 2026, holding the players showed harm to themselves but not to the market — and that the House cap and roster limits undercut their output theory. Plaintiffs filed renewed preliminary-injunction motions in July 2026 (Dkt. 107, 116), and on August 10, 2026 Chief Judge Campbell stayed the NCAA's deadline to respond to them pending further order, directing the parties to report on what the Tenth Circuit and the District of Colorado do in Wisne. Zeigler denied relief June 12, 2025; the appeal is pending, and on August 4, 2026 the Zeigler plaintiffs filed an amended complaint while the parties jointly moved to stay pending the MDL decision.

Patterson v. NCAA, No. 3:25-cv-00994 (M.D. Tenn. Jan. 15, 2026); order staying response deadline (Aug. 10, 2026) (Dkt. 129); Zeigler v. NCAA, No. 3:25-cv-00226 (E.D. Tenn. June 12, 2025)
Why it matters to you: Same rule, opposite results depending on the court and the evidence — and other courts are now openly waiting on Wisne before they rule. If your claim is in a court that has hit pause, your season may turn on a Tenth Circuit docket you are not a party to.
The rest of the eligibility docket
70+ suits and counting
Federal and state courts nationwide

Issue: Individual and class challenges to the five-year rule, the JUCO-counting rule, and the new age-based model.

Where it stands: Results are split and moving weekly. Injunctions have issued in Blythe (Feb. 20, 2026), Kromah, Ondekane (July 1, 2026) and Washington (July 31, 2026); in Poteat, a Pennsylvania state court had ordered the NCAA to decide a junior-college waiver by noon on August 3, 2026, the NCAA let that deadline pass, and on August 14, 2026 the court modified its injunction to order that the player be allowed to compete in 2026-27 — he committed to a new school days later; TROs and injunctions have been denied elsewhere, including Cruz, which was transferred to the Northern District of California in early August 2026 where the new judge denied an ex parte TRO and set a briefing schedule; the NCAA filed its opposition there August 9, 2026, and on August 11, 2026 the court stayed the case after both sides agreed a stay was warranted because Cruz falls inside the Wisne class. New complaints continue to be filed. Lorient was filed August 3, 2026. In Evans, an NC State defensive lineman denied a waiver sued August 7, 2026 in the Eastern District of North Carolina on Sherman Act, third-party-beneficiary and good-faith theories, and on August 10, 2026 Judge Louise W. Flanagan granted a temporary restraining order without notice and without bond, ordering the NCAA to treat him as immediately eligible for fourteen days through August 24, 2026 unless extended, with an administrative conference August 18 to set the preliminary-injunction schedule. Briefing also continues in Morton and Larry, where plaintiffs filed notice of the Wisne ruling as supplemental authority. On August 12, 2026 a group of class-of-2022 athletes across basketball, football and baseball — including Missouri forward Mark Mitchell and two Louisville football players — sued the NCAA in Jefferson Circuit Court in Kentucky (Judge Brian C. Edwards), aiming squarely at the gap Wisne left open: they ask not only for a fifth season but for an order barring the NCAA from keeping them off any Division I roster because they never entered the transfer portal, and for the portal to be opened for them through August 18, 2026. A hearing set for August 13 was moved to August 14, 2026, when Judge Edwards heard roughly an hour of argument. He declined to grant immediate temporary relief opening the portal, and instead gave both sides until Tuesday, August 18, 2026 to file supplemental written argument, saying he expects to rule by the end of that week. The NCAA argued the Kentucky court should not reach the dispute at all because these athletes are already covered by the Colorado federal injunction; plaintiffs answered that their claims sound in contract rather than antitrust and that the Wisne relief is not enough to get them onto a roster. On that schedule the ruling comes after August 18 — the very date through which these athletes asked to have the portal opened. That date is now here, with the supplemental briefs due and no order in hand.

Representative: Blythe (D. Nev.), Kromah, Ondekane, Washington, Campbell (N.D. Ill.), Cruz, Lorient, Morton, Larry, Coly (N.D. Ind.), Hasz (D. Neb.), Hamilton (E.D. La.), Martinson (D. Nev.), Boyd (M.D. Tenn.), Evans v. NCAA, No. 5:26-cv-00552 (E.D.N.C.), Poteat v. NCAA, No. 260702939 (Pa. Ct. Com. Pl.)
Why it matters to you: The courthouse is now a real option if your season depends on a waiver — and Evans shows a judge will move in days when practice, medical care and meals are on the line. But short-fuse relief is exactly that: a fourteen-day order is a chance to be heard, not a season. The Kentucky suit is the tell on where this is heading: winning eligibility and being able to use it are now two separate fights, and athletes who did not enter the portal in the spring are having to sue a second time for a place to play. It is also a caution about speed — that judge took the emergency request under submission rather than granting it, set another round of briefing, and the portal date the athletes asked for arrived with nothing entered. Poteat is the other half of that lesson: that athlete won because his court was willing to go back and enforce its own order when the NCAA let a deadline lapse. Do not build a fall plan around relief a court has not actually entered. Weigh any of it against the NCAA's Rule of Restitution, which can claw back results if an injunction is later vacated.

Are Athletes Employees?

The structural question no settlement has answered — and the one that would change taxes, workers' compensation, and every revenue-share contract in the country.

Johnson v. NCAA
Pending on remand
E.D. Pa. (Judge John Padova), on remand from the Third Circuit

Issue: Whether Division I athletes can be employees entitled to minimum wage under the Fair Labor Standards Act.

Where it stands: The Third Circuit held on July 11, 2024 that athletes are not categorically barred from employee status and set a four-part economic-realities test, then remanded. The case remains pending in the district court.

Johnson v. NCAA, 108 F.4th 163 (3d Cir. 2024)
Why it matters to you: If athletes are employees, everything downstream changes — withholding, workers' compensation, immigration status for international athletes, and the structure of every school contract you sign.

Civil Rights, Health & The State Attorneys General

Cases outside the compensation fight that still reshape NCAA authority — and, in the health cases, carry the association's largest single verdicts.

Gaines v. NCAA
Narrowed — targeted discovery
N.D. Ga. (Judge Tiffany R. Johnson)

Issue: Title IX and related claims over the NCAA's former transgender-participation policy.

Where it stands: Most claims were dismissed September 25, 2025. A narrow Title IX claim survived and is in targeted discovery on whether the NCAA is a recipient of federal financial assistance. Plaintiffs point to the Supreme Court's June 30, 2026 decision in West Virginia v. B.P.J.

Gaines v. NCAA (N.D. Ga.), order of Sept. 25, 2025
Why it matters to you: The federal-funding question is the hinge for whether the NCAA can be sued under Title IX at all — which reaches far beyond this case.
Concussion & CTE litigation
Active — $140M verdict in 2026
N.D. Ill. (MDL) and state courts nationwide

Issue: Failure to warn about and protect against the long-term effects of repetitive head trauma.

Where it stands: Hundreds of personal-injury and wrongful-death suits remain pending, with cases continuing to consolidate into the MDL. In Davis a Dallas County jury awarded $30 million compensatory damages on April 27, 2026 and $110 million punitive damages on May 4, 2026.

In re NCAA Student-Athlete Concussion Injury Litig. (N.D. Ill.); Davis v. NCAA (Dallas Cnty., Tex. 2026)
Why it matters to you: The NCAA's largest financial exposure outside the compensation cases, and a live issue for families of former athletes.
Tennessee v. NCAA & Ohio v. NCAA
Injunctions in force
E.D. Tenn.; N.D. W. Va.

Issue: The ban on discussing NIL during recruiting, and the year-in-residence penalty on multi-time transfers.

Where it stands: In Tennessee — joined by New York, Florida, Virginia and the District of Columbia — the preliminary injunction was made permanent by consent judgment approved March 21, 2025. The NCAA may not enforce its NIL-recruiting ban and must publish proposed NIL rules at least 30 days before any vote for five years. In Ohio, brought by seven states, the court enjoined the multi-transfer eligibility rule and sharply criticized the NCAA's Rule of Restitution.

Tennessee v. NCAA (E.D. Tenn.), consent judgment approved Mar. 21, 2025; Ohio v. NCAA (N.D. W. Va. 2024)
Why it matters to you: These are why you can talk real NIL numbers during recruiting and why a second transfer no longer costs you a year. They are settled law — use them.

Case statuses change weekly — injunctions are granted, stayed, and vacated on days-long timelines, and the eligibility docket alone runs to more than seventy separate suits, of which the cases above are the significant and representative ones. This is an educational summary of publicly available court records, not legal advice, and it is not a substitute for checking the docket in your own case before you act.

NIL law moves fast. These summaries are educational and are not legal advice. State-level summaries are current as of August 17, 2026; the NCAA and federal layer was updated August 17, 2026 and the litigation section August 18, 2026. Rules cited here change frequently and many remain subject to the pending litigation above. Confirm the current rule before acting on it, or ask us. Attorney advertising.

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