I believe, the Courts will follow precedents they set.
NCAA is governing body, and leader. Effective leadership would have a finger on pulse of its members. NIL was coming. Everyone knew it. Lack of action, or legislation. Failure to act, resulting in scrambling to understand, comprehend, and really have a grasp on what the rules were. Lent to everyone having multiple lawyers having to specialize in this new, changing thing called NIL.
They didnt act. So, we did. State's did. Shifting sands. Everyday its different.
Ok, so, the NCAA is falling back to 'you should have known.'
1- We had attorneys. We worked with you. WE CALLED YOU!
2- You couldve told us this before.
3- We tried to call, you didnt answer. You said you wanted to work with us, but you dont.
Employees have a right to know what their salaries can or will be. Businesses cant keep all that information to themselves.
NCAA isnt a Government agency. It isnt a law enforcement agency. It is a business. It shouldnt have the power to overstep State Legislation. Further, the ambiguity of its laws, complexity of, and overall lack of ability to enforce, and enforce consistently across the board create an unfair environment for SA's.