One month after Johnson, represented by Paul L. McDonald, a Philadelphia lawyer, filed his lawsuit in November 2019, five former athletes joined the case, including tennis players from Sacred Heart University and Lafayette College; a Fordham University swimmer and baseball player; and a Cornell University soccer player.
Eight more, including Statman, a Tulane University linebacker, and a Duke University pole-vaulter, joined in September 2021.
“I had little say-so in what classes I took,” said one plaintiff, who spoke on the condition of anonymity to avoid running afoul of a workplace policy. “They knew which professors worked with players, or the easiest way for us to get through college and remain eligible.”
The case has reached a critical stage: unexpectedly, Judge Padova essentially paused the case in December, at the request of the defendants, so the United States Court of Appeals for the Third Circuit in Philadelphia could weigh in.
“If the appellate court agrees with the district court that college athletes can be seen as employees — or even if they agree and, say, narrow it down to just football and basketball players — that will be a huge deal,” said Sam C. Ehrlich, a management professor at Boise State University who has written about college athletes and the Fair Labor Standards Act.
The first set of briefs, from the schools and the N.C.A.A., is due on May 31, and a decision is not expected until later this year at the earliest. Ehrlich, a former sports agent consultant and immigration lawyer, expects the losing side to try to appeal to the Supreme Court.