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O'Bannon lawyer suing NCAA & UNC

jarms24

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Mar 31, 2010
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Sara Ganim ‏ @ sganim 3m 3 minutes ago
Michael Hausfeld, the O'Bannon lawyer, just filed a mammouth 100-page lawsuit against the NCAA and UNC.



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We've all speculated on this for a while. Whether or not the NCAA would fall on the sword for UNC. Well, we're about to find out. Either sanction or cease to exist. It's really that simple. This will also be critical to SACS. No way they can issue UNC a clean bill of health with a monumental, class action lawsuit pending. If they pull UNC's accreditation, then UNC can no longer be considered a member institution of the NCAA, thus eliminating their D1 status, correct? Someone please chime in on that last part, because it's a huge assumption on my part. I thought all member institutions had to be accredited.
 
on to more important stuff from CRAP on sports yahoo.com:

Louisville head coach Rick Pitino and his players have decided to bring back the "Rally Beards" until the Cardinals lose again. Could Rick Pitino start looking more like Duck Dynasty patriarch Phil Robertson? How about Montrezl Harrell and Wayne Blackshear? Jeff FIschel breaks it all down for you in this ACC Now!
 
Bob Orr has joined the class action lawsuit.


This post was edited on 1/22 1:56 PM by jarms24
 
Freaking music to my ears!! I love the gif the one poster made of that dude dancing with the chair "Dis Is Gunna Be Gud"!! LMAO!
 
I'm glad to see this. I think many of us have speculated for quite some time that the NCAA is simply not gonna do anything about this without some additional motivation. This may be the impetus they need. I sure hope so.

At this point I have more hope in the accreditation service than the NCAA.

One thing seems certain. This thing isn't going away. If the NCAA won't do its job, it will go down with the ship and "the Carolina Way."

And to that I say goodbye to selective enforcement and targeting and selective enforcement. NCAA is on life support anyway. The major conferences' recent decision to expand limitations on schaloarships basically told the NCAA they're no longer in charge.
 
Great I love lawyers!

I fear what the college athletic landscape is going to look like in 20 years, UNC aside.
 
This will not be a timely process as they will surely ask more "student athletes" to join the suit. But nonetheless, I am anxious to see the results. Hope this does not settle out of court. However, at the end of the day the lawyers must do what is best for their clients.
 
I got to get in on this action.


Maybe there is still hope after all UNC wont go with out penality and get away with playing so many technically non eligible athletes over so many years.
 
You knew the ncaa/press would not let this happen without somehow bringing UK into it, didn't you?

The UNC scandal has caused numerous schools around the country to examine the educations their athletes are receiving, including the top two ranked schools in the Associated Press men's college basketball poll - the University of Kentucky and the University of Virginia.

Read more here: http://www.newsobserver.com/2015/01/22/4496304/unc-faces-another-class-action.html#storylink=cpy

This post was edited on 1/22 2:37 PM by ColonelCatFan

newsobserver link
 
Incredibly interesting from a legal standpoint.

Without knowing where the Plaintiffs are headed I wonder if this puts the NCAA in the position of having a financial interest in defending UNC. Are their interest aligned or separate?

If the classes were legit or if the NCAA did not know about it is the NCAA OK? Is it true that the worse it is for UNC the worse it is for the NCAA? Do they have the same or conflicting interest on the way a number of issues are decided?

Did the NCAA have a financial interest in sluffing off the severity of the problem because of the damage to the value of huge TV contracts ? Or is that an ACC problem and do they need to be named if they are not already?

However if the classes are fraudulent and the NCAA knew about it(or should have known about it) and did nothing are they complicit in a conspiracy? Is there a legitimate race issue here since the majority of these athletes were black? Pell grant fraud?

Since it is obvious to the world the classes were fraudulent how does the NCAA separate themselves from UNC liability wise. The answer might determine which way they go in punishing or failing to appropriately punish UNC. Can the NCAA afford to complete and punish UNC with this lawsuit hanging over its head?

I wonder if they will cross claim against UNC to be reimbursed for any damages . Might make the 60 million paid by Penn State look like chicken feed.

The depositions in the case especially the ones of the UNC grads investigating UNC should be held on ESPN. Of course Skipper will not allow that. Skipper's deposition too on a conspiracy theory ? Huuumm? That would be huge.

There will be hundreds of issues like these. Will be fun reading.

The only thing I think is certain here is that the lawyers on both sides will get rich on this one.
 
Originally posted by MdWIldcat55:
Looks like Loucatfan and I posted in the same minute with similar thoughts.
I'm of the belief that the NCAA wasn't going to do anything anyways, so this is kind of what happens when you jump on a live grenade.

Say, doesn't Mary Willingham still have a pending lawsuit? Tony Cardenas and Elijah Cummings are also breathing down Emmert's neck about UNC. Too many eyes on this for either party to skate, and the good ol boy network is no longer an option.


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Originally posted by MdWIldcat55:
Sorry, but I think people are misguided in seeing this as a moment when UNCheats is pushed closer to answering for the ugly, despicable scandal.

This suit also charges the NCAA with being negligent in holding UNC accountable.

So, if the NCAA now moves to impose heavy penalties and sanctions on UNC, it will, in effect, admit that the claim of years of dereliction of duty by the NCAA is accurate -- the NCAA will provide the evidence convicting itself.

Say you are a corrupt and ruthless small town mayor and someone sues you, claiming that failure to put a stop sign at a dangerous intersection led to a fatal accident. Do you, A.) rush out and correct the problem by putting up a sign, or B.) pay off a venal traffic inspector to sign a report that no sign was ever needed, given road conditions no different from those all over the county, etc., then tough it out in a court system weighted in your favor.

I suspect the NCAA will now double-down on its laughable and transparent strategy of pretending to be too stupid to recognize that UNC was cheating every day to keep basketball players eligible. To do otherwise would be to hand the people suing them an ace to play in court.
^^^ THIS.
The lawsuit essentially puts the NCAA and UNC on the same side as one cannot admit anything now without implicating the other.
The other ironic twist is that all NCAA member institutions are now effectively funding the NCAA/UNC defense effort.
 
Originally posted by jarms24:
We've all speculated on this for a while. Whether or not the NCAA would fall on the sword for UNC. Well, we're about to find out. Either sanction or cease to exist. It's really that simple. This will also be critical to SACS. No way they can issue UNC a clean bill of health with a monumental, class action lawsuit pending. If they pull UNC's accreditation, then UNC can no longer be considered a member institution of the NCAA, thus eliminating their D1 status, correct? Someone please chime in on that last part, because it's a huge assumption on my part. I thought all member institutions had to be accredited.
Jarms, right on. This is going to bring out the truth that UNC and the NCAA really want to hide.
 
I disagree. I think this will push the NCAA to act.

Hausfeld was the lead attorney in the O'Bannon case, and a stone cold NCAA killer. Without reading the 100 page complaint, my guess is that this lawsuit is picking up where the O'Bannon case left off, and is attacking the forced amateur provisions of the NCAA.

If you will recall, in the O'Bannon case, the NCAA argued that players didn't need to be paid money because they received compensation in the form of a free education. If it is true that UNC failed to provide their players an education, then that means the UNC players were paid nothing. This is a case of pointing out that the NCAA does not actually require their member schools to actually provide an education, that there are no consequences in situations like this. The NCAA was never accused of being complicit in the UNC fraud, or even knowing that it had been taking place. However, once the NCAA found out, the question is how did they react. The good news is that the NCAA can still claim they are in the process of investigating UNC (which I think is actually true). They still have time to act, and to sanction UNC while this litigation is pending.

The way I see it, the NCAA has two options here. Let this litigation force their hands and levy previously unforeseen sanctions on UNC to send the message that education is the most essential form of compensation to NCAA athletes. Or dig in their heals and say there is nothing to see here and let their entire system be torn apart.
 
Originally posted by Blueworld_3.0:
Originally posted by MdWIldcat55:
Sorry, but I think people are misguided in seeing this as a moment when UNCheats is pushed closer to answering for the ugly, despicable scandal.

This suit also charges the NCAA with being negligent in holding UNC accountable.

So, if the NCAA now moves to impose heavy penalties and sanctions on UNC, it will, in effect, admit that the claim of years of dereliction of duty by the NCAA is accurate -- the NCAA will provide the evidence convicting itself.

Say you are a corrupt and ruthless small town mayor and someone sues you, claiming that failure to put a stop sign at a dangerous intersection led to a fatal accident. Do you, A.) rush out and correct the problem by putting up a sign, or B.) pay off a venal traffic inspector to sign a report that no sign was ever needed, given road conditions no different from those all over the county, etc., then tough it out in a court system weighted in your favor.

I suspect the NCAA will now double-down on its laughable and transparent strategy of pretending to be too stupid to recognize that UNC was cheating every day to keep basketball players eligible. To do otherwise would be to hand the people suing them an ace to play in court.
^^^ THIS.
The lawsuit essentially puts the NCAA and UNC on the same side as one cannot admit anything now without implicating the other.
The other ironic twist is that all NCAA member institutions are now effectively funding the NCAA/UNC defense effort.
I don't see it that way. The NCAA does not have to defend UNC. There is still plenty of time for the NCAA to complete their investigation and levy sanctions. The Southern Cal/Reggie Bush investigation was about as open/shut as it gets and it took the NCAA several years before announcing their sanctions.
 
The ONLY thing SC did "wrong" was not cooperate during the NZAA investigation. ! SC did NOT do anything illegal in recruiting Bush. SC did NOT do anything wrong when Bush was playing.! His parents took benefits from a pro agent, while Bush was at SC. Bush, himself got nothing. The hopes were that Bush would sign with that agent when he DID go pro. Bush didn't sign with him and the agent squealed.Then SC got hammered beyond reason.
 
According to this SI article the ACC is also named in the suit.


"Represented by Michael Hausfeld -- Ed O'Bannon's lead attorney in his prominent lawsuit against the NCAA -- McCants and Ramsey have also named the NCAA and the Atlantic Coast Conference as co-defendants."





SI Article
 
I'm not necessarily arguing the merits of the SC/Buch sanctions. I more or less was using that to show that the NCAA takes their sweet time investigating and sanctioning.
 
Originally posted by gossie21:
I disagree. I think this will push the NCAA to act.

Hausfeld was the lead attorney in the O'Bannon case, and a stone cold NCAA killer. Without reading the 100 page complaint, my guess is that this lawsuit is picking up where the O'Bannon case left off, and is attacking the forced amateur provisions of the NCAA.

If you will recall, in the O'Bannon case, the NCAA argued that players didn't need to be paid money because they received compensation in the form of a free education. If it is true that UNC failed to provide their players an education, then that means the UNC players were paid nothing. This is a case of pointing out that the NCAA does not actually require their member schools to actually provide an education, that there are no consequences in situations like this. The NCAA was never accused of being complicit in the UNC fraud, or even knowing that it had been taking place. However, once the NCAA found out, the question is how did they react. The good news is that the NCAA can still claim they are in the process of investigating UNC (which I think is actually true). They still have time to act, and to sanction UNC while this litigation is pending.

The way I see it, the NCAA has two options here. Let this litigation force their hands and levy previously unforeseen sanctions on UNC to send the message that education is the most essential form of compensation to NCAA athletes. Or dig in their heals and say there is nothing to see here and let their entire system be torn apart.
I think you're right. It would be hard for the NCAA to claim that players are paid in the form of a free education and then admit they have no rules in place to ensure that players are actually recieving an education.
 
As I've repeatedly said: I hope the NCAA drags their feet as long as possible....if that means stuff like this continues to dominate the headlines. Watching them suffer "what might be" Chinese water torture is way more fun.

My Heel fan friends all say: "GIve us the punishment. Take away wins. Put us on Probation. Whatever...just do it now!"
 
Originally posted by jarms24:
We've all speculated on this for a while. Whether or not the NCAA would fall on the sword for UNC. Well, we're about to find out. Either sanction or cease to exist. It's really that simple. This will also be critical to SACS. No way they can issue UNC a clean bill of health with a monumental, class action lawsuit pending. If they pull UNC's accreditation, then UNC can no longer be considered a member institution of the NCAA, thus eliminating their D1 status, correct? Someone please chime in on that last part, because it's a huge assumption on my part. I thought all member institutions had to be accredited.
SACS is more of a members' club than a governing body. They will not pull UNC***'s accreditation because UNC*** is a flagship member.

That said, the NCAA is looking more and more like a members' club of bluebloods these days.

We'll see.
 
This explains why the NCAA came out yesterday saying they staffed up an Academic Fraud team and are investigating 18 un-named schools. Trying to show that they are doing their job. Just a little late.
 
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Re: O'Bannon lawyer suing NCAA & UNC Reply
This explains why the NCAA came out yesterday saying they staffed up an Academic Fraud team and are investigating 18 un-named schools. Trying to show that they are doing their job. Just a little late.
>>>>>>>>>>>

heap big smoke screen. old indian trick.
 
Originally posted by Blueworld_3.0:
^^^ THIS.
The lawsuit essentially puts the NCAA and UNC on the same side as one cannot admit anything now without implicating the other.
The other ironic twist is that all NCAA member institutions are now effectively funding the NCAA/UNC defense effort.
They sure can. In fact, it will help their case to try and push it alllll on UNC. Cross claim is coming.
 
Subpoena powers FTW!
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NCAA proved they were willing to protect unc, but that was before lawsuits, courts, and Congress got involved.
 
Originally posted by IdaCat:
This explains why the NCAA came out yesterday saying they staffed up an Academic Fraud team and are investigating 18 un-named schools. Trying to show that they are doing their job. Just a little late.
Spot on; they are hoping to find ANYTHING against those "un-named schools" so they can, at least in theory, take some heat off of themselves, AND UNCHEAT.

I hope UNC*** is given exactly what they deserve: vacate titles and wins. Post season ban to last for years.....etc., etc.
 
Originally posted by Seth C:
Will be settled out of court so that UNC doesn't have to legally admit any wrong-doing. Nothing to see here.
I am afraid this is so if it remains only a few people on the claim. I am assuming they are suing for scholarship dollars and loss of earnings for having a bunk education. Its class action so they only have to settle once on the claim and if you don't sign up you forfeit your rights to future claims. Right?

UNC can shovel out a couple million to pay of these people but if this were to grow to large percentage of the 3,100 then those millions get multiplied and it no longer makes financial sense for them to settle. But I am not sure they would win in court either other than bringing the NCAA's deep pockets along with them to pay.
 
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