Former CU Buffs running back Alex Fontenot is hoping to take his case against the NCAA to the House. But thanks to a Colorado judge, he won’t have to take it to California.
“Based on media reports and what we’ve read before, we do have some concerns on a number of levels,” Fontenot’s St. Louis-based attorney, Garrett Broshuis, told The Denver Post earlier this month when asked about the historic settlement in House vs. NCAA.
“But again, we’ll reserve complete judgment until we see the actual terms of what’s unveiled (in the House settlement).”
Fontenot, who appeared in 40 games as a tailback at CU from 2018 to 22, and ex-Buffs women’s basketball forward Mya Hollingshed, who played at CU 2017-22, filed a class-action suit last November against the NCAA and the then-Power 5 conferences (the Big Ten, SEC, Big 12, ACC and Pac-12), alleging that the NCAA’s restraints on compensating student-athletes limits competition on the open market for their services.
Fontenot did not return a phone message or text message seeking comment. Broshuis declined to address specifics of his case, which he says they intend to continue despite the NCAA’s recent $2.77 billion settlement designed to stave off a January 2025 trial date in the House lawsuit.
“All I can really say is, we are waiting to see the exact terms (of House) and the fine print of the settlement agreement,” Broshuis said. “To do our jobs, we will be seriously scrutinizing those terms to make sure it’s fair for past and future athletes.”
The NCAA and Power 5 conferences in April requested a transfer of the Fontenot-Hollingshed suit from Colorado to the Northern District of California, purportedly in an attempt to consolidate the latter into the impending settlement. A judge last month denied that request.
U.S. District Judge Claudia Wilken, who’s overseeing the House case, had yet to approve of the reported settlement as of early Friday morning. The NCAA, conferences and players in question have so far agreed to a term sheet. Broshuis told The Post that he’s hoping to see a final proposed agreement by the end of the month, but it could take longer.
“I think it’s a little premature to talk about the effect of House (vs. NCAA), because, again, the settlement has to go through multiple stages of the approval process,” Broshuis said.
“At the same time, I’d say there are a lot of smart people in collegiate athletics who will be thinking about these things and will make sure that collegiate athletics continues to thrive, even once the athletes themselves are finally receiving a portion of the revenue. Which they have long deserved.”