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when will we know if the PA vs NCAA case gets dismissed or not?
if it gets past the first test - i think we settle out of court....oh man - i really really hope
This post was edited by Nittny65 18 months ago
Hope I got this right, but rmj heard that the NCAA might have until March to respond, and that we might have a decision on a trial by roughly summer.
Edit, don't' mean to put words in his mouth if incorrect, he may have just been speculating.
This post was edited by stigs007 18 months ago
WE ARE! And we will always be...
Word is that the NCAA has to March to respond with an answer, yes. Then word is that all the judges in the Middle District understand how important this case is (Kane included) and a decision on the NCAA motion (MSJ, dismiss, etc) will be made around summer... Then, if we pass that test and get in the door, a trial date is scheduled... Point is, if we get past the NCAA motions, we already won, because no one thinks that the NCAA wants to go to trial and slug it out in court. This isn't a small player, group of players, coaches or even a school. This is an entire state going against the NCAA. If we win on the motions, we in essence win... Ask most anti-trust lawyers- the case has merit. The NCAA would be wise to settle. And most think they will.
Probably sometime during the summer. Unless Kane reverts back to her slow ways... But word is, she understands how monumental this is and won't delay in analyzing the NCAA's prelim motions
Question for anyone---If we pass the motion to dismiss in June will and a trial isn't scheduled until Jan 2014 hypothetically, can the STATE do anythings to try and speed up a settlement before the 2013 season? Say threaten to seek damages is an agreement isn't met before August 2013?
This post was edited by JDpsu 18 months ago
You wouldn't threaten (that would not be a good move- ya know that good ole contract of adhesion). You would amend the pleadings... To include damages and send the message that way. The political/negotiation/behind the scenes stuff is always juicy. I trust the firm that TC hired. They are ballers. If we pass the motions stage, we are in awesome shape. IMO the case hinges on that. The NCAA just gave us another argument by shooting themselves in the foot with respect to Miami. It is another example that TC and his attys can use as to the NCAA's "enforcement" problems. They may even amend their complaint and include some info on it... Like where we stand, but you never know with motions and judges. And I dont know Kane's reputation (other than what I said about her having a slow docket) or have to time to read any of her old opinions. Anyone here with a law background and access to Lexis or Westlaw wanna do some digging lol cross search Mid Dist and MSJ or Motion to Dismiss and antitrust (maybe even without antitrust) and it may yield results. lol But Im too swamped right now to do it.
This post has been edited 3 times, most recently by rmj147 18 months ago
this NCAA news regarding the Miami case is absolutely huge for us. Everyone already knew that the NCAA didn't want us digging through their dirty laundry....you think this doesn't change things when they have the state of PA attorneys digging through their handlings of other investigations (AKA Miami)??????? Emmert very well may get fired over this. PA get's standing in the summer....this gets done FAST now imo. Now that we know they have had inappropriate handlings of other cases, our case gets that much stronger. Emails/info detailing the knowledge that the NCAA was using the Shapiro attorney...............yikes. Standing is our only issue now.
Agree with pretty much most of this. The only thing I'd add is you REALLY never know how a judge will rule. I've seen some crazy rulings (as every atty has) to motions. Some judges have egos and do what they want, then spin the opinion to legitimize the outcome that they wanted in the first place. Skilled with the English language and very smart people.
I'm not saying we win in court....I'm saying NCAA settles, almost immediately after/if we get standing. There is just no conceivable way they can take another black eye. If they even have the slightest bit of information they are hiding in regards to the Miami case and the hiring of Shapiro's outside attorney then they can't risk it.....not to mention any bit of email or information in regards to our case they might be hiding. Their credibility is already fried...PA state attorneys digging around is going to find something if this is how they are operating.
This post was edited by PSU12 18 months ago
Ok. I said the first part myself... Not sure what the disagreement is there. Like I said it hinges on WHETHER WE GET PAST THE MOTIONS STAGE (aka are found to have standing)
Oh...yeah I agree. I said it all hinges on us getting past the motion to dismiss in my original post that you responded to (which isn't a guarantee and I never really alluded to it being one). I said "PA gets standing in the summer...this gets done fast now imo". That may have came across wrong but it was intended to be said like "If PA gets standing in the summer"....not really stating I think/know it will happen or not.
lol we agree. Is this Miami stuff blowing up in the NCAA's faces, I can't watch sportcenter right now obviously. Anyone?
In light of the new facts withe the Miami case. In your opinion, if the BOT were to join the state in this suit. Is there any way there would not be standing.
No. We would win, Im pretty sure. At that point, I think standing would become a non-issue. The NCAA would still probably file the motion, but we would very very very likely win that... But the BOT waived the right to sue in the consent decree (I didn't know that originally). A very smart move by NCAA attys. The BOT could sue anyway and say that the consent decree is void because it was signed under duress/is a K of adhesion. But that would mean that they actually have balls. I don't see it happening. I think the state is in this by themselves. Our BOT is worthless.
Edit: IMO (as I said above), I think the Miami situation adds ammo to the case and is another example of how flawed NCAA "enforcement" is at every level. Def helps the case. But doesn't really have anything to do with the Gov. of the State's standing.
This post has been edited 2 times, most recently by rmj147 18 months ago
I think it is all going to be for nothing for Penn State because their leaders signed the ever famous consent decree.
Therefore if the problem is in investigation process it has nothing to do with PSU because PSU was never investigated.
Instead of a lawsuit they should be fighting like hell to get the consent decree thrown out and ask the ncaa to please come in and investigate.
The NCAA would run from that and thus give us timed served. Back in business next year.
The NCAA would then have a heap of questions and trouble from kids who could claim they didn't go to PSU because of the sanctions, ie..>Dorian Johnson, Ross Douglas, etc....
The key is in the consent decree, get that and you have got something.
yes....check twitter. Analysts blasting the NCAA all over twitter. NCAA hired Shapiro's outside attorney to essentially get facts about the Miami case from people under oath/the investigation. Emmert claims "he never knew they hired Shapiro's attorney until the bill came" lol. Talk about loss of institutional control. Emmert will likely be fired for this.
the consent degree would be valid if PSU was suing...but we're not, PA is. PA didn't accept anything.
Whaaaat? Wow. I didn't know details... Just that there was wrong doing with their enforcement team. Wow... LOL LOL LOL Karma is a BBBBBBleeeep lol lol lol Emmert. HA
absolutely my thoughts as well.
Yep. But people were asking about the BOT joining the suit (I did earlier before I realized that clause in the consent decree). Now, there is another question whether the BOT would file suit after the state if we didn't see a good result, But I doubt the BOT has the balls for that- even if Kane were to say in her opinion "TC doesn't have standing here, PSU does. If they want to sue, go ahead". I doubt they would even have the balls to sue if that happened. They are completely inept, have no balls and are so afraid of public opinion that they wont even do what is rational to save the school that they are in charge of protecting. Worst BOT I've ever seen.
I'm not an attorney, but it's my understanding that an argument of duress cannot be made if the person claiming duress had ample time to consult an attorney. Didn't Erickson and a some BoT members consult with Gene Marsh before signing the consent degree?
And in all honesty PA isn't getting hit with any of the sanctions. They are a side product of the sanctions but the state isn't a part of said sanctions.
Since I am at work with no TV I wonder if anyone out there can tell me if ESPN is running like crazy with this story or if it is just a small story scrolling on the bottom of the page.
Remember part of the reason Emmert came down so hard I believe is because ESPN ran with this story and by midweek when Joe was fired everyone had their idea of what happened and thus the NCAA kind of got shamed in to dropping the hammer.
I don't know the facts surrounding that. That rule of thumb about attorneys and claiming duress is- like most other legal rules- not black letter... Prenupts have been over-ruled if attys werent acting in client's best interest, or if your atty advised you of something, and then the other party threatens you... Not really a steadfast rule, but could be argued, yes. But like I said, it's pretty fact intensive. I have no clue what the facts are surrounding the signing of the consent decree- and I dont know who really does, because Erickson and Emmert have disputing facts themselves.
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