bugeater17

Very good question. As far as a jurisdictional issue, its answered by minimum contacts with the forum state. Very complicated issue that most first year law students (and some attorneys) struggle to understand. On a procedural issue, it will very much depend on the Judge's ruling. There are so many different routes that this could take entire law school reviews and/or legal articles could be written on the topic. Its a good question to which there is no simple answer.

In most jurisdictions a temp order is only good for 14 days. So even if its granted today, another temporary injunction hearing could be set and then reversed once the BIG has had a chance to prepare (in 14 days) and before potential games are played. I mention such because if a temp injunction is granted today it doesn't necessarily mean games will be played. There are a variety of different routes the judge could take and a favorable ruling today (for the players) does not mean games will be guaranteed.

Another poor choice of words as part of the suit is seeking declaratory and injunctive relief. The temp relief appears to be set for this afternoon, and if granted the permanent relief hearing will be set in the near future. Hopefully the judge is a football fan.

What? They have to respond. Although I haven’t reviewed the claims it seems there is a legitimate basis to bring the claims. If they are able to establish irreparable harm and a “likelihood to prevail on the merits” its likely a temp injunction will be issued. The merits and third party beneficiary status based on the NIL issue is a novel argument in which there is really no precedent. Will be interesting to see how this plays out.

Aww... yes. ESPN seems to be way off on its evaluation of Fidone. They have him as listed as the #4 TE-H, and something like #266 overall. Odd.

Dream scenario at the TE position going forward.

I always find it odd how the composite for 247 can result in large disparities from the different rankings of the sites. Fidone is ranked #37 on 247, #46 on rivals, but in the 247 composite is ranked #92.

That didn't age well.

Sure. My comment was really more geared towards the difference in tone of the two letters. Also, FOIA requests can be dragged out over a long period of time for a variety of reasons from non-compliance (really no recourse but to file suit and get an order from the court which takes time), objections, or claims of privilege. All that is to say it could/will be awhile before anything is learned and public interest has waned.

Warren and the Big 10 called the parents bluff. The parents initial letter threatened legal action and this letter takes a much different tone after realizing legal action isn't really a viable option to achieve the end goal of playing this fall. While the Big 10 leadership and Warren have learned some things and will make a few tweaks, the Big 10 isn't going to change its lack of transparency.

A couple possibilities, one being filing an open records request lawsuit - but that would be against the University of Nebraska. Another possibility is to file for injunctive relief. However, the major weakness I see of injunctive relief is the underlying claims aren't iron clad and an important element to achieve injunctive relief is to show it is more likely than not that the moving party will prevail on the underlying merits. The best underlying claim would likely be some sort of breach of contract or interference with contract (the contract being the student athletes scholarship and/or NIL). I suppose there are other claims that could be made as well.

Wow. This is really going to create a logjam for a lot of schools over the next few years.

I think a portion of the criticism of Warren is still unknown and based on what has been reported. It has been speculated he was directing the efforts and presenting the medical evidence/studies (which some now believe to be flawed) and in doing so was advocating for the cancellation/postponement until after the 1st of the year. On the same note, he is receiving criticism for advocating against a postponement to the end of September or to implement the "flexible schedule" he was patting himself on the back just a week earlier for developing. Essentially, the legitimate criticism of Warren is that he has not been transparent and that he has not addressed the questions concerning why the league cancelled when it did rather than allow more evidence to come in and postpone the season by weeks or a month rather than the whole fall.

I don't see how players could play a 10 game conference schedule in football (looking at you SEC, ACC, and Big XII) and not lose a year of eligibility. However, it is strange times we are living in.

Completely agree! Moos tells it like it is. He answers direct questions and typically has sound reasoning to support his thought process and opinions.

No, Flynn's issue was there was never a predicate to conduct an investigation re: Flynn. If there was never an underlying crime/charge then his investigation and subsequent untruths to the FBI relating to facts/dates/meetings were not consequential.

Waivers only support an assumption of the risk defense. You can't have a person sign and agree to waive your negligence. Without going into too much depth, and in short, you will still get sued and expend resources defending a matter that will get past summary disposition.

Exactly - ACC, SEC and Big XII players will essentially get a free year/redshirt year of play that won't count against eligibility. We will see how much pull Warren and the BIG reps now have with the NCAA. If it passes the vote on Friday, things won't look good for future BIG power moves - including upcoming TV negotiations.

What is interesting is I have not been able to locate any of the by-laws or rules for the Big Ten which govern a decision like this to be made. If a link or document exists to the public I would love to review. Also, if there was a meeting and a collective decision was reached to cancel you have to think another meeting could be called and a collective decision to play could be made - but i'm not holding my breath.

A flip from Lewis would definitely take the sting out of this loss.

Has there been anything released which shows how the vote went down? I can't find anything with actual sources, which I find odd.

Haha! Agreed! It's going to be a long off-season tho!

Us against the world (Big Ten) mentality is back!

Well I wouldn't say you are 'wrong'. My understanding is FERPA does include 'treatment records' as well, so you are not 'technically wrong'. FERPA may be the applicable standard at some universities so it depends on how they are set up. More applicable would have been better a term then 'right' in the vast majority of cases.

krc1995 is right on this issue. HIPAA governs disclosure of health related information.