In the June 20th hearing on class certification in the NCAA student-athlete likeness antitrust litigation, the judge said a current student-athlete must join the lawsuit before she would consider certifying the classes made up of former student-athletes and current student-athletes. This meant that the judge allowed the former student-athletes to amend their complaint to include at least one current student-athlete. This suggests that the judge is at least considering certifying the classes, because she likely would not have allowed the former student-athletes to amend the complaint if she was going to summarily deny the motion for class certification.
As discussed earlier, there are two proposed classes: former student-athletes and current student-athletes. The former student-athletes are seeking damages for past use of their likenesses in television broadcasts and video games. Any current student-athletes joining the suit would seek injunctive relief, which would operate to prevent the NCAA from future use of their likenesses in television broadcasts and video games without their consent and some licensing revenue. The longer the NCAA waits to settle, the higher percentage of licensing revenue it will likely have to give to the student-athletes.
The former student-athletes sought a written stipulation from the NCAA providing that the NCAA would not retaliate or harm current student-athletes joining the suit. This is a fair stipulation, but any current student-athletes joining should also be concerned about retaliation from disgruntled fans and teammates.