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Kessler Says DOJ Critiques of House Settlement Are Off Base

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Kessler Says DOJ Critiques of House Settlement Are Off Base

The Justice Department’s statement of interest criticizing the NCAA’s preliminarily approved settlement to resolve the HouseCarter and Hubbard antitrust litigations is off the mark, attorney Jeffrey Kessler told Sportico in a phone interview on Saturday.

The DOJ’s court filing was made in a California federal district court late Friday. Among other critiques, the DOJ objects to colleges paying athletes 22% of a defined formula for averaged shared revenue. The DOJ finds this arrangement inadequate because the “cap” has not been collectively bargained with a union (there is no union for college athletes since they are not employees and unions consist only of employees). 

The cap, the DOJ highlights, means D-1 schools won’t be able to compete for college athletes by offering them “additional value beyond that limit for use of their [NIL].” The DOJ finds it problematic that an NCAA member school “is not permitted to spend what it wants … to compete for the services of college athletes.” While the new amount (around $21 million a year for a school’s athletes) is dramatically greater than the old amount ($0), it is “still fixed by agreement” among competing businesses. Price fixing by competitors is generally disfavored under antitrust law.

The DOJ is also worried that the NCAA and power conferences can use the settlement, which is set to last 10 years, as a defense in future antitrust cases. As the DOJ sees it, the NCAA might “attempt to use a private, negotiated settlement as a shield in future litigation.” To corroborate that concern, the DOJ references an email from NCAA and power conferences attorney Rakesh Kilaru sent to DOJ attorneys in which Kilaru noted his clients “retain all rights” to rely on the settlement. 

Kessler, a partner at Winston & Strawn and a lead attorney in several historic sports litigations, stressed the settlement, if granted final approval by U.S. District Judge Claudia Wilken following a hearing on April 7, will lead to college players being paid “billions of dollars.” He also underscored the settlement will change longstanding NCAA rules that have denied players any compensation. 

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A settlement is also just that—a settlement—meaning it reflects the give-and-take of a deal. Both sides, including the NCAA, need to find the prospect of settling better than continuing to litigate. The players and the NCAA (and power conferences) could have kept litigating and rolled the dice. They would have also had to accept spending many years in court since federal appeals in antitrust cases can last a long time. They instead opted to cut a deal. Wilken is not charged with determining if the settlement is ideal or optimal for the players. She must assess if it satisfies a lower bar: The settlement must be fair, reasonable and adequate for class members and adequately resolve the alleged antitrust problems.

As to the possibility of the settlement being used as a defense, Kessler emphasized “there is no release of antitrust claims,” either by the Justice Department—which is not a party to the litigation—or future players. 

If elite athletes who are currently 12 years old wish to challenge NCAA rules on antitrust grounds in five years, the athletes can do so. The settlement doesn’t release future claims. The two sides expect the 12-year-olds won’t bring a lawsuit and will instead accept the compensation figures that have been set in the House settlement, but if the 12-year-olds want to sue, they can. 

The NCAA can use the settlement as a legal defense, but a defense is only as persuasive as found by a court. A defense is not an antitrust immunity or exemption. It’s also not as if the House settlement has dissuaded the filing of antitrust lawsuits. Since Wilken granted preliminary approval last October, Vanderbilt QB Diego Pavia has challenged NCAA eligibility restrictions on JUCO transfers on antitrust grounds and Southern Mississippi basketball player John Wade III has challenged the NCAA’s five-year eligibility period on antitrust grounds. 

The timing of the DOJ’s filing is important for at least a few reasons.

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First, the filing was made with less than three days to go before President-elect Donald Trump is sworn in as the 47th president of the United States. Trump, his nominee for U.S. attorney general, Pam Bondi, and incoming attorneys for the DOJ’s antitrust division might not agree with the DOJ’s position as expressed in Friday’s statement and could withdraw or amend the statement.

Trump’s DOJ, including its antitrust division, will also take months to fill out. The U.S. Senate must confirm Trump’s nominee for the assistant AG of the antitrust division (Gail Slater) and positions in that department will gradually be filled. Time is of the essence: Wilken is set to decide on final approval after a hearing 11 weeks from now. Trump’s DOJ might not be ready to express a viewpoint by then. This could create an uncertain landscape for Wilken to know the DOJ’s position, which could make the DOJ’s filing on Friday seem less authoritative. 

Second, the timing of the DOJ’s statement could deflate its legal arguments. The DOJ could have raised these same points last year, including before Wilken granted preliminary approval in October, but waited until the final hours of the Biden administration. Those points were also already raised by seven former and current D-I athletes in their court filing last October, which might have been a better time for the DOJ to weigh in. Rushing to file the statement before Trump takes office could be interpreted as the DOJ, under the leadership of President Joe Biden and Attorney General Merrick Garland, believing Trump and Bondi hold different views. 

Lastly, it’s telling that while the DOJ opines the House settlement doesn’t do enough for college athletes because of underlying antitrust concerns, the DOJ hasn’t sued the NCAA over those concerns. The DOJ, while under the leadership of Democratic and Republican presidents, could have challenged these rules at various points over the last 70 years. In fairness to the current DOJ, it did join a lawsuit (Ohio v. NCAA) last year over NCAA transfer rules. And in 1998, the DOJ sued the NCAA under the Americans with Disabilities Act over treatment of college athletes with learning disabilities. But the DOJ could have, and didn’t, challenge numerous other NCAA rules in recent decades as the same college athletes at “big time” programs generated massive revenues for their schools and weren’t paid. 

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Patrick Muldoon, ‘Days of Our Lives’ and ‘Melrose Place’ Actor, Dies at 57

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Patrick Muldoon, ‘Days of Our Lives’ and ‘Melrose Place’ Actor, Dies at 57

Patrick Muldoon, an actor who starred in “Days of Our Lives” and “Melrose Place,” died on Sunday, his manager confirmed to Variety. He was 57.

From 1992 to 1995, Muldoon originated the role of Austin Reed on the daytime soap opera “Days of Our Lives.” He returned to the soap to reprise the role from 2011 to 2012.

He also had a recurring role as Jeffrey Hunter in the teen television series “Saved by the Bell” in 1991. Muldoon also starred on the primetime soap opera “Melrose Place” from 1995 to 1996, playing the villain Richard Hart.

In 1997, Muldoon played the role of Zander Barcalow in the film “Starship Troopers,” directed by Paul Verhoeven.

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Muldoon was also an active producer, working on a slew of movies including “The Tribes of Palos Verdes,” “Arkansas,” “Marlowe,” “The Card Counter,” “The Dreadful” and “Riff Raff” through his Storyboard Productions. He was set to produce the upcoming feature “Kockroach,” starring Chris Hemsworth. Just two days ago, Muldoon posted on Instagram: “So excited to be a part of this amazing project KOCKROACH directed by Matt Ross starring Chris Hemsworth, Taron Edgerton, Zazzie Beetz and Alec Baldwin.” The production is currently filming in Australia.

His latest acting role was in “Dirty Hands,” a new crime thriller with Denise Richards and Michael Beach. The film is slated to be released later this month.

Muldoon is survived by his partner, Miriam Rothbart; parents Deanna and Patrick Muldoon, Sr.; sister and brother-in-law Shana and Ahmet Zappa, niece Halo and nephew Arrow Zappa.

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Massive 7.5-magnitude earthquake hits off Japanese coast, tsunami alert issued

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Massive 7.5-magnitude earthquake hits off Japanese coast, tsunami alert issued

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A strong earthquake took place off the northern coast of Japan Monday afternoon, prompting the Japan Meteorological Agency to put out a tsunami alert in the area.

The quake, registering a preliminary magnitude of 7.5, occurred off the coast of Sanriku in northern Japan at around 4:53 p.m. local time, at a depth of about 6 miles below the sea surface, the agency said.

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A television screen shows a news report on Japan Meteorological Agency’s tsunami warning, saying it expected tsunami waves of up to 3 meters (9.84 feet) to reach large coastal areas in northern Japan after an earthquake struck off the northeastern coast of Japan, in Tokyo, Japan April 20, 2026 (REUTERS/Issei Kato)

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A tsunami of around 2.6 feet was identified at the Kuji port in the Iwate prefecture while a tsunami of 1.3 feet was recorded at a different port in the prefecture, the agency indicated.

The Iwate prefecture put out non-binding evacuation advisories for those living in 11 towns.

A tsunami of as high as 10 feet could strike the region, the agency indicated.

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A policeman picks his way through the debris looking for bodies in Rikuzentakata, Iwate prefecture, on March 22, 2011, after the devastating March 11 earthquake and tsunami.  (TORU YAMANAKA/AFP via Getty Images)

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A powerful 9.0 magnitude earthquake and tsunami in 2011 wreaked havoc in Japan, leaving over 22,000 dead and compelling nearly 500,000 people to flee their homes, most of them because of tsunami damage.

TRAVELERS MUST PAY FEE, PASS SCREENING BEFORE VISITING POPULAR DESTINATION UNDER NEW RULE

 In this satellite view, the Fukushima Dai-ichi Nuclear Power plant after a massive earthquake and subsequent tsunami on March 14, 2011 in Futaba, Japan. (DigitalGlobe via Getty Images via Getty Images)

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Around 160,000 fled their residences due to radiation from the Fukushima Daiichi nuclear power plant — around 26,000 have not come back because they resettled somewhere else, their hometowns are still off-limits, or they harbor concerns regarding radiation.

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The Associated Press contributed to this report

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Who is Rumen Radev, the former pilot who wants to give Bulgaria wings?

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Who is Rumen Radev, the former pilot who wants to give Bulgaria wings?

Bulgaria’s former President Rumen Radev, an EU critic who has called for renewing ties with Russia, hailed a “victory of hope” on Monday after his Progressive Bulgaria (PB) coalition topped the polls in Sunday’s election, the eighth such parliamentary vote in five years.

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Many voters see Radev, a former fighter pilot, as the only person capable of giving the corruption-plagued Balkan nation a fresh start.

The 62-year-old has presented himself as a defender of the lowest earners in the EU’s poorest country as he walks a tightrope on European issues.

He has hailed the benefits Bulgaria has reaped from EU membership while calling for dialogue with Russia as its full-scale invasion of Ukraine rages into a fifth year.

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“Bulgaria is in a unique position, because we are the only EU member state that is both Slavic and Eastern Orthodox,” Radev, who was president for nine years, said recently.

“That should be used … and we really can be a very important link in this whole process, which I am sure will sooner or later begin, to restore relations with Russia,” he added.

Last year, as president, he called for a referendum on Bulgaria’s entry into the eurozone, saying the Balkan country was not ready to join. Yet his proposal failed and Sofia adopted the joint European currency on 1 January.

Radev has also slammed military aid to Ukraine and the EU, trying to turn its back on Russian oil and gas.

“Geographically, economically, in terms of resources and as a market, we need to rebuild those relations,” he insisted.

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Raised fist

For sociologist Parvan Simeonov, Radev is hard to figure out, like many leaders in the region who, “depending on the visiting delegation, choose whether or not to fly the Ukrainian flag in the background.”

Radev insists he embodies distrust of the country’s elites and oligarchs, denying any links to them.

A graduate of the elite US Air War College, he later served as the head of the Bulgarian Air Force.

He entered politics in 2016 and later won a presidential election to the largely ceremonial post.

Born in 1963 in the southeastern town of Dimitrovgrad, the austere and reserved man lacks the polish of seasoned communicators.

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When he vows to regulate public tenders through AI or to reform the much‑criticised judicial system, he sometimes gives the impression of reciting a memorised text.

Yet he won over some liberal pro-European voters when he openly supported protesters at anti-corruption rallies in 2020.

Radev walked out of the presidential palace with his fist raised to join the protests that ultimately toppled conservative Prime Minister Boyko Borissov a year later.

Radev was re‑elected head of state in 2021 with two-thirds of the vote.

Modest lifestyle

Late last year, Radev once again backed anti-corruption protesters, and when the last government resigned in December, he stepped down as president to run in the election.

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Radev’s left-wing conservative movement, Progressive Bulgaria, brings together a plethora of figures including military officers, former socialist officials and athletes, and the union leader of the country’s main arms manufacturer, which has boomed from supplying Ukraine’s army.

Radev is campaigning to combat social inequalities and promote budgetary discipline without calling for radical change, said Simeonov.

His promises of a return to stability appeal to voters tired of facing election after election.

Married with two children and intensely patriotic, Radev also wooed voters with a modest lifestyle and his defence of what he calls family values.

A campaign video shot in a village shop that went viral showed Radev soothing the grocer, upset over rising prices and Bulgaria’s entry into the eurozone.

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Political instability

Sunday’s election follows five years of near-permanent crisis in which no government has survived a full term.

Instead, the country has cycled through caretaker administrations, fragile coalitions and short-lived alliances that have often collapsed amid scandal.

Public trust has all but evaporated. Voter turnout, once a barometer of democratic engagement, has entered a state of chronic decline.

This prolonged instability has unfolded against a backdrop of deepening internal divisions and mounting external pressure.

Russia’s full-scale invasion of Ukraine has exposed a stark fault line running through both society and the political class, one that continues to define the national conversation.

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And yet, paradoxically, Bulgaria has, in this same period, taken major steps forward in its European integration — joining Schengen and adopting the euro — often without a functioning government or even a passed state budget.

Meanwhile, delays in reforms have slowed access to EU recovery funds, raising the risk of losing billions.

More than 60% of the votes had been counted by Monday morning, according to the Central Electoral Commission, putting Radev’s PB in the lead with around 45%, an absolute majority of at least 132 seats in the 240-seat parliament.

The outcome of the election is set to not only shape Bulgaria’s domestic trajectory but will also be closely watched across the EU, as the bloc fears further instability in any of its member states.

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