bugeater17
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Posts posted by bugeater17
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On 8/26/2020 at 8:23 AM, bugeater17 said:
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.
I'll admit - I was wrong. No bluff in the parents letter as they've now file suit. Cudos to them!
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5 minutes ago, runningblind said:
How does this work when the suit is in one jurisdiction but the B1G is in Illinois, then the rest are all spread around?
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.
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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.
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1 minute ago, knapplc said:
Right, poor choice of word. They'll respond, obviously. They'll move for summary dismissal, or some such thing, without this moving forward is all I'm saying.
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.
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1 hour ago, knapplc said:
I doubt the Big Ten responds to this, because the legal basis is pretty shaky, but getting answers to the three questions would be a good outcome of this.
Was there actually a vote? Nebraska's president says there was. Some people interpret other statements to say there wasn't. Who made the decision? And if it was Warren, why did the Presidents & Chancellors go along with it?
The NIL angle on this is interesting. Once NIL became a thing, not playing does potentially interfere with their ability to profit on their NIL, which could represent a financial loss to the players.
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. -
23 minutes ago, bugeater17 said:
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.
15 minutes ago, Decked said:ESPN
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.
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2 minutes ago, Cdog923 said:
If we somehow get Riley interested and pair him with Rollins AND Fidone....
Dream scenario at the TE position going forward.
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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.
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21 hours ago, Cdog923 said:
Fidone to Iowa confirmed?
That didn't age well.
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15 minutes ago, WyoHusker56 said:
The parents legal action may not have moves forward, but keep an eye on Tom Mars FOIA requests. He's promised to make schools attempts to delay releasing info public and any info released will up the pressure publically. He has a legal standing to pressure the schools for sure.
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.
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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.
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4 minutes ago, TGHusker said:
So what is the lawyer's next step?
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.
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Wow. This is really going to create a logjam for a lot of schools over the next few years.
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12 minutes ago, Loebarth said:
Seriously, everyone is trashing Warren when really, him allowing his child to play should actually speak volumes to those whom are crucifying him. Warren "did not" make this decision. He has a boss like everyone on here and he is simply doing what he is paid to do. That is, representing those whom make decisions. Anyone continuing to put judgement on a single man for the postponement of the 2020 season is simply thinking irrational.
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.
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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.
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30 minutes ago, Omaha fan said:
Moos was on the radio stating he’s not a fan of bubble dome football
sec and acc playing will be over, he thinks fans will have had their fill of college football
he says nba bubble games with no fans have gotten terrible ratings
he thinks there isn’t enough recovery time for the kids to play the following fall
wont help the local economies if games are all away
I love how moos stands up for our program and gets it, without being a d!(k . Trump should study this guy or hire him lol
Completely agree! Moos tells it like it is. He answers direct questions and typically has sound reasoning to support his thought process and opinions.
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7 minutes ago, Loebarth said:
Not to be political here but isn't that kind of what General Flynn's attorney said? That Flynn was mislead by the fbi team thereby also negligent of the consequences making the charges obsolete?
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.
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1 hour ago, Omaha fan said:
Talking about liability, looks like Death Star injury lawyer coalition is happy football is going to be played. I’m guessing they are hoping that Illinois phd is wrong and that there will be at least 1death.
Not sure why waivers aren’t being used?
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.
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15 hours ago, Mavric said:On 8/18/2020 at 11:40 PM, Mavric said:
Pretty sure we would be against this year not counting for anyone.
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.
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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.
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2 hours ago, BigRedN said:
Really bummed about this one.
A flip from Lewis would definitely take the sting out of this loss.
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12 minutes ago, krc1995 said:
how would they break if they voted to not play?
and I agree with trying to influence the NCAA, although they just do elgibility compliance. At least up to now. Maybe their scope broadens
Has there been anything released which shows how the vote went down? I can't find anything with actual sources, which I find odd.
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19 minutes ago, knapplc said:
We have spent WAY too much time on the HIPAA/FERPA question.
We should all promise to shelve this discussion. This is not what any of us want our forever off-season to be!
Haha! Agreed! It's going to be a long off-season tho!
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Us against the world (Big Ten) mentality is back!
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Eight Husker Football Players Sue the Big Ten
in Husker Football
Posted
It is also noteworthy the allegations specifically state the damages do "not exceed $75,000." This is done to prevent removal of the matter to federal district court based on diversity jurisdiction. The two prongs for diversity jurisdiction are: 1. complete diversity of the parties (parties from different states) and 2. the amount in controversy exceeds $75,000. As such, the matter will stay in state court where the judges are elected rather than appointed (as in federal district courts). Important considerations as this matter progresses.