Approval of $515 million in legal fees for House counsel in the House v. NCAA Counsel court case
In a significant development, U.S. District Judge Claudia Wilken has approved a petition for $515.2 million in fees and $9.4 million in litigation expense and court costs for the class counsel in the landmark NCAA lawsuit, House v. NCAA.
The ruling comes after a series of events that saw the court reject an extension request for the fee petition deadline from law firm MoloLamken, representing settlement objectors. MoloLamken partner Steven Molo had earlier explained in a court declaration that he had inadvertently overlooked the fee-motion deadline, calling it an "honest oversight."
Class counsel, led by Steve Berman and Jeffrey Kessler, have been instrumental in the case, helping to orchestrate a $2.78 billion settlement. This settlement, which aims to reform the NCAA's rules regarding name, image, and likeness (NIL) rights for college athletes, has been a topic of much debate and discussion.
The settlement fund, divided among the class members, will represent a significant financial boost for many athletes. However, the class counsel sought $395.2 million, representing 20% of the NIL Claims settlement fund, plus $60 million in fees from a separate compensation fund.
Berman also criticized Molo for requesting to delay their request until after appeals by objectors were decided, potentially holding up payments to the class. The delay, however, did not seem to affect payments, according to Berman's subsequent comments, expressing gratitude that the delay did not impact payments to the class.
Judge Wilken, in her ruling, stated that a mistaken interpretation or ignorance of the applicable rules does not constitute excusable neglect. This ruling could set a precedent for future cases involving fee petitions.
In addition to the $2.78 billion settlement, an additional $20 million was awarded for injunctive relief, bringing the total to just under half a billion dollars. Judge Wilken also granted service awards for the athlete class representatives in the House, Carter, and Hubbard cases.
The College Sports Commission, a newly established body for college athletes to submit their NIL compensation deals, is expected to play a pivotal role in the implementation of the settlement.
It is worth noting that Berman and Molo have previously clashed over the case, adding an interesting dynamic to the proceedings. Molo did not immediately respond to an email seeking comment.
The unintended consequences in sports law, as a result of this case and the subsequent changes, are a topic of ongoing discussion and analysis. The related story discusses these implications in more detail.
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