Excellent analysis from Sam here. The Ramirez court had even hinted in a footnote to its TRO opinion that it would rule for plaintiffs on the evidentiary issue, before the 9th Circuit essentially forced the opposite result with its Blythe opinion. This evidentiary hurdle looms large in the Wisne class action pending in the 10th Circuit. It would be surprising if the 10th disagreed with its sister circuits that a deep level of evidence is needed. But, the Wisne plaintiffs offered more substantial evidence than most of the other cases that failed on those grounds. The billion dollar question could be whether it is enough to satisfy the 10th. The district court’s opinion in the athletes’ favor spent a lot of time on this issue.