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NCAA files motion to dismiss suit

  • PSUJT0409 said...

    We need to set something straight. The NCAA does not have to give PSU due process. The NCAA is not a government entity and therefore not required to. Read NCAA v. Tarkanian, it spells that out explicitly. You can argue that the NCAA acted beyond its authority in punishing PSU but in regards to due process, the NCAA did nothing wrong. We need to stop making this argument because it has no merit.

    They may not be a government entity but the due process is one of the terms that allows them their tax exempt status. I wish i could find the article that I read this in but it was related to a US Senator who questioned the tax exempt status based on the salaries coaches were being paid, the amount of the TV contracts that were being signed and the revenue generated by the NCAA tournament. This was all brought out in a hearing the NCAA had in front of congress.

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    mdepsu2000

  • This is a very good brief.

    psume06

  • psume06 said...

    This is a very good brief.

    You're talking about the NCAA request for dismissal?

    PSU17

  • Sorry that you have to look at the Dbag while having a look at this article.

    Glaring Factual Error Found in the NCAA Lawsuit Response - Onward State

    I'm not one to believe in conspiracy theories or parse words, especially with all that's gone on at Penn State in the last year and a half. But as I started to read the NCAA's response to Pennsylvania's lawsuit calling for the sanctions to be overturned, I couldn't help but notice one glaring error on the first page that really makes me question how much the NCAA actually knows about what has happened at Penn State (as if that wasn't in question previously).

    onwardstate.com
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    pwpitch ●

  • psume06 said...

    This is a very good brief.

    Am I the only one who thinks it's a big deal that the NCAA is wrong about the board ratifying the consent decree?

    Edit: I guess not, lol.

    This post was edited by JettaPSU2001 on 2/8/2013 at 2:27 PM

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    JettaPSU2001

  • JettaPSU2001 said...

    Am I the only one who thinks it's a big deal that the NCAA is wrong about the board ratifying the consent decree?

    Edit: I guess not, lol.

    Might be the only thing they did right. However, i'm not sure it was on purpose.

    LBU59 ●

  • SIAP...and not sure if this is the right thread to post this...but I just saw this article this morninng:

    http://gantdaily.com/2013/02/14/house-passes-bill-to-keep-penn-state-fine-money-in-pa/

    PHD77

  • PHD77 said...

    SIAP...and not sure if this is the right thread to post this...but I just saw this article this morninng:

    http://gantdaily.com/2013/02/14/house-passes-bill-to-keep-penn-state-fine-money-in-pa/

    That's good, but I think we all know the NCAA won't fight this.

    stigs007 ●

  • stigs007 said...

    That's good, but I think we all know the NCAA won't fight this.

    Not so sure. (I wish, though!)

    http://www.pennlive.com/midstate/index.ssf/2013/02/new_bill_may_open_another_figh.html

    and

    http://blogs.phillymag.com/the_philly_post/2013/02/14/corbett-force-ncaa-spend-penn-state-sanction-money-in-state/

    This post was edited by PHD77 on 2/15/2013 at 10:55 AM

    PHD77

  • Here's what makes this fun to me. As I understand it:
    - ncaa has to sue to test whether the pa law is legal. More time, energy, and potentially money expended on law suits -- while fighting others.
    - ncaa does not get the money until case is determined. The state holds it in escrow.
    - the interstate commerce laws cited on contracts assumes that the contract is valid. My understanding is that this remains in question for two reasons: 1. Did Erickson have authority to sign the contract w/o getting board approval? and 2. Its based on the freeh report, who's conclusions are very much in question and the bot never fully accepted. At least 3 bot members are pushing for further review of freeh's conclusions.

    So, more quagmire, distraction for ncaa. Furthermore, the concent decree itself is on extremely shaky ground...oh and by the way, pa's capacity for long lawsuits is higher than ncaa's - IMO serious trouble for ncaa - especially with more suits coming at them.

    ¤¤ POPCORN ¤¤

    Posas14

  • Doesn't the NCAA already have the first 12 million?

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    JettaPSU2001

  • LBU59 said...

    Might be the only thing they did right. However, i'm not sure it was on purpose.

    I'm pretty sure it was on purpose. If i recall, word got out that they were planning a vote and PS4RS caught wind of it. There was an e-mail campaign to the BoT members to not ratify it on the eve of the meeting. A few members like Lubrano, Meyers, and the ex-SEAL (McCombie?) were all over it and worked the board from the inside to just let it be without a vote.

    I'm not sure at the time it was clear to everyone how vital this "non-vote" was. To my knowledge, there was no specific move by the BoT to officially accept anything in the report.

    This post was edited by spud358 on 2/15/2013 at 1:06 PM

    spud358

  • JettaPSU2001 said...

    Doesn't the NCAA already have the first 12 million?

    I believe its in an escrow account and they have pledged not to touch it.

    Lion_in_CBus

  • Lion_in_CBus said...

    I believe its in an escrow account and they have pledged not to touch it.

    Buuuuuuuuuuuuuuuut will get interest in some capacity on it I'm sure.

    PSU17

  • PSU17 said...

    Buuuuuuuuuuuuuuuut will get interest in some capacity on it I'm sure.

    Haha, I am sure about that.

    Lion_in_CBus

  • Everyone's favorite governor talking about the Paterno Report (he didn't read it yet) and the NCAA.

    Play

    Governor Tom Corbett on the Paterno Family...

    On the February, 2013 "Ask the Governor" program, produced by Top Flight Media and Radio PA, Governor Corbett said he had not yet had a chance to read it, but planned to. When told of some of its contents as it pertains to the NCAA, Corbett said it sounds exactly like some of the reasons why he brought suit against the organization. He maintains the sanctions against Penn State were a rush to judgement by the NCAA.

    http://www.youtube.com/v/aSLrwhhxLa8
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    JettaPSU2001

  • pwpitch said...

    Sorry that you have to look at the Dbag while having a look at this article.

    It really looks like this thing will make it to discovery phase as the NCAA still can't manage to get their ducks in a row.. I pray that they retain the same council who wrote the motion to dismiss bc this lawsuit would be a slam dunk for the state of pa in that case.

    BaltLions24

  • BaltLions24 said...

    It really looks like this thing will make it to discovery phase as the NCAA still can't manage to get their ducks in a row.. I pray that they retain the same council who wrote the motion to dismiss bc this lawsuit would be a slam dunk for the state of pa in that case.

    I'm with you. Corbett sounds pretty confident. The NCAA can't even get the facts right in their own motion to dismiss. Hard to imagine a judge ruling in the NCAA's favor at this point.

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    JettaPSU2001

  • enjoy

    This post was edited by LBU59 on 2/16/2013 at 9:11 AM

    Shapiro's Miami middleman: No contact from NCAA - CBSSports.com

    As if the NCAA's University of Miami investigation hasn't been a big enough head-scratcher, CBSSports.com has learned that the NCAA has not even contacted former UM equipment room staffer Sean Allen as part of its own investigation into the investigation.

    www.cbssports.com

    LBU59 ●

  • spud358 said...

    I'm pretty sure it was on purpose. If i recall, word got out that they were planning a vote and PS4RS caught wind of it. There was an e-mail campaign to the BoT members to not ratify it on the eve of the meeting. A few members like Lubrano, Meyers, and the ex-SEAL (McCombie?) were all over it and worked the board from the inside to just let it be without a vote.

    I'm not sure at the time it was clear to everyone how vital this "non-vote" was. To my knowledge, there was no specific move by the BoT to officially accept anything in the report.

    Peetz was trying for a ratification vote. She scheduled a trustee meeting on short notice to try to do it quickly before anyone could stop it. Lubrano, and maybe others, used a "minimum notice before vote/meeting" clause to stop a ratification vote from happening. I listened in to the BoT meeting. Lubrano was trying to get the whole meeting canceled but Peetz pushed ahead with the meeting being classified as an informal meeting of some sort. At least that's my recollection of it.

    psumichael ●

  • JettaPSU2001 said...

    Everyone's favorite governor talking about the Paterno Report (he didn't read it yet) and the NCAA.

    Why would they talk to him. They're probably not even doing an investigation just waiting and then will have a press conference to tell the world they found nothing inappropriate.

    NCAA=SCUM!!! BOT=SCUM!!!!! FREEH=SCUM!!!!!

    BKHPSU

  • brian harner said...

    Why would they talk to him. They're probably not even doing an investigation just waiting and then will have a press conference to tell the world they found nothing inappropriate.

    NCAA=SCUM!!! BOT=SCUM!!!!! FREEH=SCUM!!!!!

    Corbett=scrum. His lawsuit... Im willing to accept, but thats about it...

    This post was edited by rmj147 on 2/16/2013 at 2:32 PM

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    WE ARE! And we will always be...

    rmj147

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