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David Jones had an article (attached).
"And the NCAA's expunging of PSU football wins back through 1998 would remain and not be a bargaining point at all."
Can't say for certain where he's getting that, but it makes sense to me that that's part of the state's strategy. JMO.
I'm sure Corbett is betting that the NCAA would rather negotiate an agreement. Any such achievement would be a huge political victory for a governor with lukewarm approval ratings.
Yep, Paternos and former players (if they can show standing) can attack vacated wins for football team. Paternos can show impact on value of Paterno name/reputation and merchandising as harm done by vacated wins. No reason for the state to go after this issue if the thrust of the suit is to address current and future economic harm to University and state.
"Penn State has taken a lot of punches in the last six months and it's time to punch back" - BOB
You caught me
well presenting a case of the hypocracy of the NCAA better helps the state's case.. these points are all things that the NCAA took explicit sides against or for pressing sanctions against those schools. i hope this court case gets as much media attention as the actual scandal bc this thing could get ugly for the NCAA.. their response was weak and they know they are in trouble..
Thanks. Jones is predicting (based upon sources) how the negotiations will go, and that makes sense. The legal action as it stands does include reversing all sanctions including the vacated wins.
For the lawyers on the board.
How long until this is heard in court?
As far as the commonwealth's filing of this case, how long does it take to put a case like this together?
I am no lawyer but I know the Obannon vs NCAA case was filed in 2009 and still hasn't gone to trial.
This post was edited by MikePSU82 18 months ago
If they win, the NCAA will be responsible for the state's legal cost.
Right, but the State's resources means it can continue the fight until it wins or the NCAA cuts a deal. The NCAA can't force a lesser-resourced opponent to settle rather than continue to pay legal fees.
i would think the governor of PA would be able to get this to trial quicker than a retired NBA player.. But from doing some reading, part of the reason the trial has dragged on is bc obannon has ammended the complaint..
I think of how quickly the the MLB case made it to the supreme court. I'm hopeful this will have a similar time table..
This will likely have a motion to dismiss in the next few months, briefing on that, and a hearing (maybe) over the next couple of weeks. Then discovery, which may last upwards of a year in a case this complicated. Don't know about experts, but I'd expect summary judgment filed after close of discovery. That could take a few months to brief, and around 2-3 for a decision. It may not be entirely dispositive. Then another few months on that. I'd say a minimum of 2 years to "get to court" in the sense that you're thinking. Likely more than 3.
But that won't happen - this Complaint is VERY well-done. I've seen hundreds of complaints (and had to consider them from a neutral perspective), and this one is top 2-3 I've ever seen. It's clever, it flows well, and it's even funny at times. It covers all the necessary bases to survive a MTD (best challenge may be lack of standing, but this'll survive that). The NCAA's nuts are in a vice, and they will surely settle out.
Edit: If a preliminary injunction/TRO is filed, we may see something sooner. In that case, the NCAA will likely let that motion play out and its settlement position will change based on the outcome, since the judge would have to find a likelihood of success (or lack thereof) in addressing the motion(s).
This post was edited by psume06 18 months ago
It will never make it to court, IMHO. It will settle. Too much as stake for the NCAA. They want nothing precedent-setting here, and there is a lot of legal gray area they've been treading. (I'm not an attorney but work closely with attorneys on some hearings and such).
“Never trust a government that doesn't trust its own citizens with guns.”
Call BS all you want. I have read as much in a few articles months ago, one of which was from a quote from a coach.
The NCAA limits how many scholarships can be given in a specific sport by gender (see link). Title IX requires that you give out "equal proportions" to females and males. The NCAA does not require that you give out at least X scholarships if you have Y sport. They are maximums, not required scholarship quantities. Taking 20 ships from the football team and not moving them elsewhere would throw off the Title IX requirements.
Title IX is often blamed for men's programs getting cut. But as Peter Keating explains, the real problem is the NCAA's method of allocating scholarships.
...and thus endeth many facebook arguments before they even started.
This post was edited by Theweeble 18 months ago
Oh my..this goes against everything Mr. Emmert is forcing the public to accept
What about considering what the victims think Markus?
This post has been edited 2 times, most recently by PSU2001 18 months ago
Old Emmert never cared about the victims. He is about publicity, power and money. Hope that guy gets what he deserves one day.
I don't know much about legal stuff, but oh the irony if some of the victims piggyback on this lawsuit somehow to sue the NCAA and Emmert for using them as pawns. Throwing the term "victim" around, as if the victims position is the same as the NCAA's, is sad.
Yep, they really care about the victims:
"The NCAA declined to respond to Andreozzi's comments."
"Whoever’s trying to kill me isn’t getting the job done. But one day, I’m going to punch that f___r in the face."
Pretty nice legal analysis from SI: http://sportsillustrated.cnn.com/college-football/news/20130102/penn-state-lawsuit-analysis/
cbrennansports: The most embarrassing day in #PennState scandal is today, because of #Corbett. My @USATODAYsports column: http://t.co/C08z9Ler #NCAA
She's the worst.
She's a nobody. Irrelevant sports journalist who looks like Jane Fonda.
"I like your head, it's a good look." - James Franklin, to a bald reporter asking a question.
Holy hell! She is a moron if she thinks this is anywhere close to an embarrassing day. Today is a good day and far from embarrassing. This day should have never had to come but the NCAA couldn't stay out of matters that had nothing to do with them.
What a tw@t.
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