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GRS154 said...
This is off base, in my professional opinion. Trial is an unlikely outcome either way. If this gets passed the motion to dismiss stage and past the summary judgment stage, a settlement is more likely than trial. If it gets tossed by the judge from this motion to dismiss, then we'll appeal--100%. If it gets decided at the summary judgment stage before trial, an appeal is inevitable--100%. Lots more going on here than evident to the general public.
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GRS154 said...
This is off base, in my professional opinion. Trial is an unlikely outcome either way. If this gets passed the motion to dismiss stage and past the summary judgment stage, a settlement is more likely than trial. If it gets tossed by the judge from this motion to dismiss, then we'll appeal--100%. If it gets decided at the summary judgment stage before trial, an appeal is inevitable--100%. Lots more going on here than evident to the general public.
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GRS154 said...
Just because they can't win a motion to dismiss, doesn't mean their arguments they made in that motion are dead. It has to do with the burden of proof and 12(b) standard of review. Too much to explain right now, but maybe another attorney has the time. If not, I'll try to explain later.
This post has been edited 2 times, most recently by rmj147 on 2/7/2013 at 5:26 PM
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rmj147 said...
I am an attorney and understand what you are saying. But after talking with an antitrust lawyer that practices in front of the judges that will be hearing it, in the middle district, I was told that this is the NCAA's best viable shot. Doesn't mean that they dont have other options, just not likely to succeed. Maybe I will have him email me, and copy and paste his argument for you...
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white_out said...
This is all part of the dog and pony show. Expected.
There is no way Corbett and the state file this if they could lose an anti-trust suit IMO. Positive they knew this would happen, and i am very positive that they have all their ducks in a row. This isnt Snyder and Pfaltzgraf Attorneys at Law from Milton PA preparing this suit
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white_out said...
This is all part of the dog and pony show. Expected.
There is no way Corbett and the state file this if they could lose an anti-trust suit IMO. Positive they knew this would happen, and i am very positive that they have all their ducks in a row. This isnt Snyder and Pfaltzgraf Attorneys at Law from Milton PA preparing this suit
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NCAA files motion to dismiss suit