Understood, and once again, even by going by the overall budget threshold, there is still only a handful of G5 schools that meet such threshold. How many of those schools would rather roll the dice on getting a P5 invite in the future versus attempting a lawsuit that will effectively burn all bridges and, even bigger, could be a zero sum game?
Think of it this way: a lot of people talk about the upside of winning an antitrust case in this context, but what happens if you lose? You just rubber stamped the ability for the P5 to leave the NCAA completely with no legal or financial strings attached (meaning that the NCAA Tournament goes away, which then means the NCAA itself goes away and every single school, whether it's G5, FCS, non-football D1, D2 or D3, that's not in the P5 is completely rudderless). The risk of that type of adverse ruling looms large because you don't just lose a case and some money - you straight up lose the entire NCAA structure. It's easy to be a UConn fan from the sidelines and say, "I don't care - we have 'nothing' to lose." However, does UConn leadership really think there's "nothing to lose"? Does Cincinnati leadership think that way? BYU?
There's no such thing as a slam dunk legal case and certainly not here where there's a Supreme Court ruling directly on the subject of the business of college sports that favors the power schools over the NCAA.