In partnership with CBSSports.com
Black shoes, basic blues. No names, all game
Buy, sell and swap tickets
You have no favorite boards.
The most viewed topics.
The most replied to topics.
The most up-voted topics.
The most down-voted topics.
The most up-voted posters.
The most down-voted posters.
The most followed posters.
There are only 3 United States District Courts in PA and State College and Harrisburg are both in the Middle District region, which is in Williamsport, PA.
October 12, 2013. PSU 43 - UM 40 (4 OT). Unfortunately this fan wasn't around long enough to see it!
Isnt there something in the legal industry that does not allow for such vague language to hold up in court?
What is to stop from all kinds of contracts/clauses/etc. being so vague that it really is open for abuse of power?
"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."
Bingo. The time to do that was awhile ago. Not some of this renegade BOT members or Franco Harris. Get someone with some real clout and backing in there rather than a fan favorite. One way gives you power and legal muscle, the other way makes it look like a cult that we know we aren't.
I don't know a ton about Corbett. I laugh at the "corruption" talk thrown around. I do like how he is trying to end the socialized alcohol trade in PA. But outside of that I know he is not well liked at all and has been ineffective and is on his way out. If a desperate Governor looking for votes checks the NCAA into keeping its nose in regulating college athletics and not cherry picking criminal cases to try, I can support that. Even with big government reservations.
DELETE. I am late today.
The NCAA dropped those but amplified to heretofore unseen levels.
This post was edited by tmaluchnik 18 months ago
I wouldn't know specifically. But I would assume with ethics clauses they get away with it because ethics is nearly impossible to define. Which could go either way. I do know they've held up relatively well. I'd wait for JT, Cambria, or Shavi (our lawyers) to weight in on an exact definition. I know when we write contracts/agreements and legislation there are things we are very very specific on, and a way to write things where we can be intentionally vague for good reason.
But since this organization is a voluntary participant type of org, it won't fall under the SCOTUS jurisprudence. Best bet for the Commonwealth is to nail NCAA on antit-Trust law.
Williamsport and Harrisburg are two of the four divisional sites in the mid dist of pa.
All in all, the division where its filed really doesn't really matter ... But I do hate to think that I was mistaken.
"You have to perform at a consistently higher level than others. That's the mark of a true professional." JVP
Betty White is hot.
It was extortion by a monopoly.
That is Erickson's story.
Said that the NCAA told him he had 24 hrs to agree, and that if the deal leaked out, it was off the table. Erickson interpreted this as the NCAA saying he couldnt discuss it with the entire BOT.
Wait and see.
This will be part of the state's argument.
the problem with this argument is that Erickson had ample time to consult legal counsel and in fact did. The law doesn't care about consulting the BOT, only legal counsel. It's my understanding that if you have access to legal counsel before agreeing to a contract, it really limits what you can fight once it's signed. In fact, there is specific language in the laws on duress that says it can not be argued if legal counsel was involved.
This post was edited by spud358 18 months ago
nonetheless, according to Mark Horgas, Erickson is done 1/18
Thanks for the link. I thought each district had only one courthouse.
Then maybe dickRod has grounds to sue Cynthia Baldwin for $60 million
I'm by no means an expert in contract law but I'm pretty sure that when a term is vague the court will look at what is considered reasonable and also look at what the contract pertains to. In this case because this deals with the NCAAs bylaws, it could be argued that the ethics clause only pertains to those things covered by those bylaws. Don't take this as 100% because it's been awhile since I did anything with contracts.
Dominate The State
not baldwin, Gene Marsh. He was PSU's NCAA attorney for this matter.
All good. Tomorrow should be interesting once this baby gets filed.
OK! As skaskela posted "it should be interesting once this thing gets filed tomorrow"!
what makes me so optimistic about this....this is the only way for Corbett to ever even have a chance to get re-elected...and he knows it. He knows that he has to fight the entirety of the sanctions, and win, to swing back the voters. NCAA usually doesn't fair too well in the courts. I definitely like the chances of a settlement eventually being reached that lessens the sanctions, hopefully considerably.
I like those chances too and it will be interesting to see what part(s) of the sanctions the Commonwealth/Corbett put up a fight for.
Pete Thamel @SIPeteThamel
Gov's office being vague on suit, but it's expected to combat all NCAA sanctions against PSU. Not just use of $60 million fine.
I was specifically thinking about the forfeited wins when I wrote that. Not sure they fall under the scope of such a suit.
Just because they'll be listed in the initial case doesn't mean they will all be truly fought for. Especially if they have any inclination to settle. Its good for political gain to list them all and can be a classic case of aiming high to put extra pressure on the NCAA for them to get what they really want out of it. The obvious and most pressing is the $60m usage, that is by far #1 in all of this.
I'm with you here, but if Corbett can get a couple years knocked off the sanctions I'm all for it. Today sucked without PSU to watch.
I think the issue with the suit is that they ( the State) are contending that the NCAA does NOT have the authority to levy a "fine" against the "taxpayers" of the State of Pennsylvania, Period.
The line of reasoning is that PSU is a State Related University and as such receives taxpayer monies. these monies can't be used to pay "unauthorized"( Pa does not authorize taxpayers money to be used for fines) debts agreed to or not by the University.
All monies received by the University are fungible, so claiming that the fine is only against the athletic department( which is NOT funded by Taxpayers) is not a reasonable explanation, since all monies received by PSU go through the General fund...you can't separate "football money" from taxpayers money.
That issue should open the door to negotiating for the "Fine" to go away. This route is far more advantageous for the NCAA to protect their ability to sanction ANY State school for anything in the future, should they lose this case in court.
The real question may be how far does the State want to go...accept a "oops" and all is well, or to seek damages and restitution for acting in an arbitrary and capricious manner?
The NCAA has yet to explain where they get the authority to "sanction" non athletic related behavior. Legal or Not by Universities....I'm sure they don't want to go down that road in court either.
247Sports In partnership with CBS Sports