Eight Husker Football Players Sue the Big Ten

[knapplc]

16 minutes ago, 84HuskerLaw said:

Yes they have.  I reviewed a 2017 version by simple google check.  By laws are not secret and anyone dealing with a corporation, association, partnership etc has right examine them and require verification of actions in accordance with governing documents and Board resolutions etc. Typically such docs are attached to agreements etc. as a matter of course.  

 

The Big Ten Bylaws or their handbook?

 

Got a link to the bylaws you reviewed?

[84HuskerLaw]

2 minutes ago, knapplc said:

 

The Big Ten Bylaws or their handbook?

 

Got a link to the bylaws you reviewed?

No.  I didnt bother.  Just read thru enough to find the 60% vote requirements and a few more.  I didnt expect Id need to save as who’d think they’d try to hide such.  

[84HuskerLaw]

I suppose that UNL and the Athletic Dept have copies of all the relevant docs as well as Board members would surely have complete sets.  As UNL is not a party to the lawsuit, they are not obliged, without a request anyway, to publish.  

My sense is DONU is not anxious to be a party, at this point, as member relations are involved.  NU  would try to resolve things amicably and without a big fuss.  NU has quite carefully and prudently, remained a member in good standing for good reasons.  

 

The FOI requests, if filed, will get the info but I have not seen actual reports of same from the public info officials.  

[knapplc]

19 minutes ago, 84HuskerLaw said:

No.  I didnt bother.  Just read thru enough to find the 60% vote requirements and a few more.  I didnt expect Id need to save as who’d think they’d try to hide such.  

 

But, you just did a simple google and found them. Could you do that again, please? 

 

And before you say, "Just google it yourself," I've tried and haven't found a public copy of the Big Ten bylaws. If you have, please help the conversation out by sharing. Thanks!

[84HuskerLaw]

3 minutes ago, knapplc said:

 

But, you just did a simple google and found them. Could you do that again, please? 

Well, as I say this, I find the handbook as you say, with the rules etc set forth.  I found more but I believe the handbook essentially mimics the bylaws and may have been effectively adopted as such at some point.  

I am wondering if updates were adopted each time members were added.  They would need to be of course.  

I am at work using my phone.  Will try more when I can later.  sorry.  

[knapplc]

9 minutes ago, 84HuskerLaw said:

Well, as I say this, I find the handbook as you say, with the rules etc set forth.  I found more but I believe the handbook essentially mimics the bylaws and may have been effectively adopted as such at some point.  

I am wondering if updates were adopted each time members were added.  They would need to be of course.  

I am at work using my phone.  Will try more when I can later.  sorry.  

 

That's what I thought. The handbook does not mimic the bylaws, it merely references them. 

 

As @RedDenver mentioned, the Big Ten bylaws are not publicly accessible, which is why they're part of the discovery process in the instant case. If they were publicly available, that would be a moot request. 

[bugeater17]

4 minutes ago, knapplc said:

 

That's what I thought. The handbook does not mimic the bylaws, it merely references them. 

 

As @RedDenver mentioned, the Big Ten bylaws are not publicly accessible, which is why they're part of the discovery process in the instant case. If they were publicly available, that would be a moot request. 

 

Bingo - exactly right. 

[WyoHusker56]

16 minutes ago, knapplc said:

 

But, you just did a simple google and found them. Could you do that again, please? 

 

And before you say, "Just google it yourself," I've tried and haven't found a public copy of the Big Ten bylaws. If you have, please help the conversation out by sharing. Thanks!

 

https://s3.amazonaws.com/sidearm.sites/iuhoosiers.com/documents/2017/2/6/Big_Ten_2016_17_Handbook.pdf

 

There you go Knapp.

 

1 hour ago, knapplc said:

 

This is true in corporate law, but we're talking about public (and one private) colleges. The exposure they have is more internal, less than external, because they don't have shareholders. And that still doesn't get around the fact that, bylaws or no bylaws, they have the right to cancel everything from individual games to entire athletic departments without legal repercussion.

 

Trev Alberts cut entire programs from UNO, much to the outrage of the players, fans and coaches of those teams. He violated no law doing it, and suffered no legal repercussions.

 

And as far as this argument goes, they do have the right to cancel everything, cut programs, etc. However, as HuskerLaw is saying the conference is guided from the bylaws that they agreed upon as a conference. The same reason the Huskers can't go and start a rogue season is the reason why you can't suspend/cancel the season without a proper vote as set out in the bylaws. It will open you up to all sorts of legal repercussions if you don't follow your own rules. The court system could hold them to their bylaws as they are legally enforceable like any contract law is. The court could say you didn't correctly suspend your season, thus it isn't technically cancelled and that would allow parties to seek damages for violating their contracts. And Universities have many external stakeholders such as everyone their athletic departments have licenses/contracts with. If the B1G didn't properly suspend their season then Fox for example could come after damages for failure to live up to their TV contracts or food vendors, clothing vendors, and any other vendor they contract with as well as things like donors and the like. If you don't follow your bylaws you are legally in violation and have opened yourself up to a legal nightmare. That's why all the lawyers I've seen are saying if the B1G really didn't follow their voting rules and don't correct it they are in for a major legal nightmare.

[knapplc]

Just now, WyoHusker56 said:

https://s3.amazonaws.com/sidearm.sites/iuhoosiers.com/documents/2017/2/6/Big_Ten_2016_17_Handbook.pdf

 

There you go Knapp.

 

That's the Handbook. Those aren't the Bylaws. 

[WyoHusker56]

1 minute ago, knapplc said:

 

That's the Handbook. Those aren't the Bylaws. 

 

Ya I get that, but I was sharing what others have referenced is available. I can't remember who, but there was a media member who'd seen it through a FOIA at some point and the 60% thing is actually in the bylaws.

[knapplc]

2 minutes ago, WyoHusker56 said:

 

Ya I get that, but I was sharing what others have referenced is available. I can't remember who, but there was a media member who'd seen it through a FOIA at some point and the 60% thing is actually in the bylaws.

 

 @84HuskerLaw said he'd read the bylaws through a simple google search so I was asking for a link because I'd like to read them. I didn't argue that the 60% thing was or wasn't in there. I'm not sure where that came from. 

[Guy Chamberlin]

2 hours ago, knapplc said:

 

What does that mean, "legally?" 

 

 

 

You're asking the wrong guy.

[Savage Husker]

6 minutes ago, WyoHusker56 said:

It will open you up to all sorts of legal repercussions if you don't follow your own rules. The court system could hold them to their bylaws as they are legally enforceable like any contract law is. The court could say you didn't correctly suspend your season, thus it isn't technically cancelled and that would allow parties to seek damages for violating their contracts.

Would this potentially allow G5 and FCS schools to join into the lawsuit to grab a piece too?

 

Side: So many South Park episodes are running through my mind right now. 

[WyoHusker56]

I saw someone else point this out elsewhere, but the B1G redacted more than 11 pages of the 13 page bylaws they submitted to the court. I mean can you try harder to make it look like you are hiding something?

 

Quote

The Big Ten must produce all documents reflecting whether an official vote was taken on the decision, including the official tally but not including how individual members voted. It must also reveal in full its governing documents and bylaws — it submitted 13 pages of bylaws to the court last week but redacted more than 11 full pages.

 

Omaha.com

 

[Guy Chamberlin]

I'm not a lawyer and I hate baseless speculation, but I'm almost certain the Warren Report is being withheld from public scrutiny because a screenshot included in the supporting documents shows a porn site in the Commissioner's navigation bar.