No, we run the courts until we prove the NCAA breeched contract. Don't kid yourselves, as much as the PC group of university presidents that triggered all of this loves what the NCAA is doing to us they also fear that they could be next and need someone to reign in Myles and the Executive Committee going outside of the stated rules of the NCAA constitution.
Get the breech victory in hand.
Then, with that victory in hand, make "last call" to the tribes.
Part of last call would be a friendly view of their future as stated here. That's not a threat (because there's no direct action), it's simple reality in the "cause de jour" world of PC politics and academic zealotism.
If they don't want us, we don't need them, and the hastles that come with (like this lawsuit).