Newsletter #51 | Johnson v. NCAA, Maine's NIL Bill, Inmar Intelligence NIL Survey, Opendorse November Data, Rovell's FBS Recap + ICYMI Ticker
Welcome to the NIL Newsletter by Optimum Sports Consulting - providing valuable, actionable NIL resources for athletes, administrators, agencies and other sport professionals.
Recapping NIL This Week:
Johnson v. NCAA appeal will head to the US Court of Appeals (3rd circuit)
On December 22nd, Pennsylvania district judge John Padova elevated, for appellate review, this provocative issue in the case Johnson v. NCAA: Whether NCAA Division I student athletes can be employees of the colleges and universities they attend for purposes of the Fair Labor Standards Act, solely by virtue of their participation in interscholastic athletics. The US Court of Appeals for the 3rd Circuit will now weigh in on the biggest decision to ever face college athletics.
Judge Padova certified this issue for interlocutory appeal, meaning an appeal of a case before it is decided. Last fall, the judge denied motions by colleges and the NCAA to dismiss Johnson v. NCAA, a trial date for which has not yet been set. Former Villanova football player Ralph “Trey” Johnson and other current and former athletes maintain they are or were employees of their attended colleges. They also insist the NCA…