By Braden Keith on SwimSwam
A third-party settlement administrator for the Shields, et al. v. Federation Internationale de Natation lawsuit has begun collecting objections from members of the class settlement in the lawsuit against the global swimming governing body.
Members of the class are entitled to a share of a $4.6 million settlement reached between World Aquatics (formerly FINA) and the athletes who participated in the International Swimming League.
Of that, $1,127.084 will be used to resolve the claims of 2018 Damages Settlement Class, athletes who were supposed to participate in the one-off ISL precursor event that year that was eventually cancelled under pressure from FINA; the remaining $3.5 million resolves the claims of the 2019 Damages Settlement Class who participated in the 2019 ISL season.
The suit was led by named plaintiffs Tom Shields and Katinka Hosszu, though it was the league’s ownership and management who drove and funded most of the legal action.
Verita Global has been ascribed to manage the settlement, and athletes have until December 30, 2025.
File objections to the settlement here
Read a press release about the settlement here
“This lawsuit dates back to the previous management of FINA, and, regrettably, it has dragged on for so many years,” said World Aquatics President Husain Al Musallam said at the time of announcing the settlement. “However, I am pleased that we are finally able to step in and provide this significant sum of money for the swimmers, many of whom were badly let down. I do not believe that it would have been fair for our athletes to continue to suffer financially, and this settlement ensures that the swimmers are fully compensated and reflects World Aquatics’ continuing commitment to the development of the sport of swimming and support for swimming athletes around the world.”
A separate lawsuit between the International Swimming League (ISL) and World Aquatics will move forward, with a jury trial scheduled to run for eight days from January 12-27, 2026 (though the trial has been rescheduled several times).
The ISL is reportedly hoping that the outcome of that trial will help pay its bills after recently announcing its intention to return to active competition in 2026 or 2027. The league still owes money to several athletes who competed in its last season in 2021.
The ISL in August voluntarily dismissed its $7.2 million suit against its attorney Neil Goteiner after that case was stayed pending the settlement of the two suits against FINA (World Aquatics). That case was dismissed without prejudice, meaning that it could be brought again in the future.
Both antitrust cases were initially filed in 2018, with the athletes accusing World Aquatics (then FINA) of restricting them from competing in outside competitions and the ISL alleging that by threatening sanctions to the swimmers, World Aquatics hurt its ability to attract top swimmers and thrive as competition in the market.
The suit alleges that the 2018 Energy for Swim meet in Turin, Italy, was canceled due to the restrictions put in place by World Aquatics. The swimmers claim they were denied at least $3.3 million in appearance fees and prize money for both the 2018 Energy for Swim competition and subsequent events the ISL could have held if World Aquatics hadn’t gotten in the way.
The ISL ran for three seasons, beginning with a seven-meet schedule in 2019 before hosting expanded 13- and 18-event schedules in 2020 and 2021. In 2022, the league canceled its fourth season following the Russian invasion of Ukraine, and never resumed operations. Many athletes say they still have not received their full promised payouts from the league.
In the long-running lawsuit led by Shields and Hosszu, a lower court ruled in favor of World Aquatics in January 2023, but the ISL and Shields, Hosszu, and co. filed a joint appeal that June to reverse the ruling.
In September 2024, the 9th U.S. Circuit Court of Appeals said in a 3-0 ruling that the groups provided sufficient allegations to let their antitrust cases move forward against World Aquatics.
In December, the ISL sued the law firm Farella Braun + Martel in San Francisco Superior Court, accusing the firm of professional negligence, breach of fiduciary duty, breach of implied contract, and unfair business practices in its antitrust case against World Aquatics.
Who Benefits?
While the details of the distribution of settlement funds were not released, and there is no full roster of the canceled 2018 event, we do know the identity of athletes who competed in the 2019 season – which includes most of the known names committed to the canceled 2018 event.
In total, 251 swimmers scored at least 1 point in the 2019 season.
See the scoring list from the 2019 season here.A simple equal-share distribution among those athletes would amount to about $14,00 per athlete, though Shields and Hosszu, at a minimum, would likely receive a bigger share as the named plaintiffs.
A court-approved distribution method includes an analysis by “Plaintiffs’ economic expert’s damages calculations and class membership.”
World Aquatics in its release about the lawsuit boasted $7.1 million in prize money paid to swimmers in 2024, with athletes collectively earning $11.1 million at AQUA events that year. Both are the highest in the organization’s 116-year history.
Additional Settlement Injunction
Per attorneys Winston & Strawn, which represents the plaintiffs in the case:
As a term of the settlement, World Aquatics will ensure that its rules are not used to restrict or penalize a swimmer’s participation in any World Aquatics-sanctioned or unsanctioned professional swimming events, or to restrict the organization of swimming events independent from World Aquatics.
An additional term of the settlement requires World Aquatics to recognize results achieved by swimmers at unsanctioned professional swimming events that are independent from World Aquatics, and such results will be part of World Aquatics’ official results so long as the unsanctioned event complies with the eligibility, doping, facility requirements, and any other competition regulations (including World Aquatics Competition Regulations) set forth by World Aquatics that World Aquatics applies to its own events. Notwithstanding participation in any unsanctioned professional swimming event, a swimmer must still satisfy World Aquatics’ qualification criteria and rules for participation in World Aquatics’ World Championship and Olympic Games events. The settlement will ensure that swimmers have full access to professional competitive swimming events in the future. The full terms of the injunctive relief are available on the settlement website at SwimmerSettlement.com and will be posted on World Aquatics’s website www.worldaquatics.com as a condition of settlement.
“This settlement is a win for professional swimmers and the sport. We are pleased with this settlement and the groundbreaking relief for swimmers,” said Jeffrey Kessler, class counsel for the swimmers and the class representatives. “Thanks to the perseverance of Thomas Shields and Katinka Hosszu, and the new leadership of World Aquatics, swimmers will now have the ability to compete in future events without fear of penalty and hundreds of swimmers who contracted with ISL in 2018 and 2019 are eligible to receive compensation.”
Athletes can review their estimated payment amount now.
Read the full story on SwimSwam: ISL vs. FINA Lawsuit Class Members Have Until December 30 to Object
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