What?????--Book alleges UofL used escort services

[morgousky]

They can, but they better be very careful. The ncaa probbaly has more, as they did in the memphis case. You start a court room war and it could get messy.

The ncaa will not lose this appeal and louisville better let it rest there. The ncaa laid the groundwork for this as a very rare case. There is no other incident of its kind. The courts like to let private entities rule without interference. Theyve got no case.

 

[gossie21]

You can sue a ham sandwich.

There's no way they can win though. The NCAA can set their own rules, process, and penalties. UofL as a member of the organization tacitly, if not expressly, agreed to the rules, process, and penalties.

Much the same way the Boy Scouts continually won lawsuits against their previous guidelines, the federal (or state) government cannot abrogate the rules of a private organization.

 

[mebeblue2]

during the ul press conference a reporter tried to get Smrt to answer whether ul would go past the appeal
Smrt looked dumbfounded at the question
ul is not going to bring a lawsuit against the NCAA

ul is a member school, i do not think you can bring a lawsuit against yourself
i read that is why the state and not PSU filed the lawsuit against the NCAA

 

[gossie21]

UofL absolutely can sue the NCAA.

I think people are confusing "can they sue" with "can they win the lawsuit".

In order to win the lawsuit UofL would have to show the NCAA violated their own rules. That's why it would be foolish to bring the complaint.

 

[BigBlueFanGA]

Anyone with standing can bring litigation. So UL could bring litigation. Pitino can also bring civil litigation against the NCAA as an individual plaintiff. Other member schools and other individuals have sued the NCAA before, with varying amounts of success. Alabama successfully sued the NCAA. But UL must be very careful here. They still have a lot of skeletons in their closet, and there may be future investigations. The NCAA expects contrition and a good faith effort to fix violations to restore proper institutional control. But litigation over an NCAA investigation would demonstrate institutional resistance against the NCAA's due diligence. If UL loses the law suit, this is a path to an eventual death penalty.

I can't find a suit by Alabama against the NCAA. The opportunity for a successful suit by a member institution is very limited.

 

[gossie21]

during the ul press conference a reporter tried to get Smrt to answer whether ul would go past the appeal
Smrt looked dumbfounded at the question
ul is not going to bring a lawsuit against the NCAA

ul is a member school, i do not think you can bring a lawsuit against yourself
i read that is why the state and not PSU filed the lawsuit against the NCAA

The universities of Oklahoma and Georgia sued the NCAA in the 80s over TV contracts.

UofL sought an injunction against the NCAA in the Lasege case in the early 2000s.

 

[mebeblue2]

UofL absolutely can sue the NCAA.

I think people are confusing "can they sue" with "can they win the lawsuit".

In order to win the lawsuit UofL would have to show the NCAA violated their own rules. That's why it would be foolish to bring the complaint.

i also read where schools that join the NCAA sign off on ever being able to sue the NCAA
i would love for someone that actually had knowledge of that to inform all of us
i have no idea if they can or can not, only what i have read

 

[mebeblue2]

The universities of Oklahoma and Georgia sued the NCAA in the 80s over TV contracts.

i think the NCAA has protected itself from that ever happening again

 

[morgousky]

UofL absolutely can sue the NCAA.

I think people are confusing "can they sue" with "can they win the lawsuit".

In order to win the lawsuit UofL would have to show the NCAA violated their own rules. That's why it would be foolish to bring the complaint.

Not to mention they'd have to show a similar case that was ruled differently or less harsh. Anything else will be apples to anus comparisons, literally.

So, there is no other case to use as a platform for lawsuit. And there's no rules that the NCAA broke when they made their ruling. Case closed.

Everyone should keep in mind, louisville isnt the only player here with lawyers. The NCAA has a whole legal team that reviewed this from top to bottom and will be waiting to fight them every step.

The NCAA is now the enemy of our enemy, which means we're friends.

 

[gossie21]

Not to mention they'd have to show a similar case that was ruled differently or less harsh. Anything else will be apples to anus comparisons, literally.

So, there is no other case to use as a platform for lawsuit. And there's no rules that the NCAA broke when they made their ruling. Case closed.

Everyone should keep in mind, louisville isnt the only player here with lawyers. The NCAA has a whole legal team that reviewed this from top to bottom and will be waiting to fight them every step.

The NCAA is now the enemy of our enemy, which means we're friends.

I have to disagree with the last part. The NCAA is still our enemy. They just happened to get this one right.

 

[UKnCincy]

They are a member of the NCAA and you can't sue yourself. Am I right? I know the State of Pennsylvania sued them but PSU didn't.

UL lacks the grounds to bring a successful lawsuit. They could file one, but the NCAA would be able to get it dismissed fairly easily.

Courts are very reticent to get involved in the issues of private organizations, so there's a fairly high bar for any school to clear in order to successfully convince a judge to allow a lawsuit to proceed.

The idea that UL could prevail over the NCAA in court on this case is a pipe dream.

 

[wromanp7]

I think the the thread title should read *correctly.

 

[Cattoyz]

Sue? Sure, why not? Let's get everyone involved on the stand under oath. I'm all for it.

 

[Glenn's take]

You can sue a ham sandwich.

Is that what Cass Elliott's family did? If you are to young to get that than you are missing out on the greatest joke ever.
If Cass Elliott had shared half of her ham sandwich with Karen Carpenter would they both be alive today?

 

[morgousky]

I think the the thread title should read *correctly.

I believe you meant, correctarly, which sounds like correctly.

 

[Hollcat]

You can't ever tell. Karen may have choked on the ham sandwich and Cass developed an eating disorder because of it!

 

[JPScott]

UL lacks the grounds to bring a successful lawsuit. They could file one, but the NCAA would be able to get it dismissed fairly easily.

Courts are very reticent to get involved in the issues of private organizations, so there's a fairly high bar for any school to clear in order to successfully convince a judge to allow a lawsuit to proceed.

The idea that UL could prevail over the NCAA in court on this case is a pipe dream.

I'd actually kind of like to see UL try and have the case dismissed by the courts.

The reason I say this is it seems pretty evident that UNC will sue (or at least is posturing to sue) in the event the NCAA brings the hammer to them.

Having UL's case dismissed will help bring home the point that UNC is making idle threats at this point.

If these schools are not willing to pay the price of their rule-breaking, they always have the option of dropping out of the NCAA and/or college athletics altogether.

 

[mebeblue2]

I'd actually kind of like to see UL try and have the case dismissed by the courts.

The reason I say this is it seems pretty evident that UNC will sue (or at least is posturing to sue) in the event the NCAA brings the hammer to them.

Having UL's case dismissed will help bring home the point that UNC is making idle threats at this point.

If these schools are not willing to pay the price of their rule-breaking, they always have the option of dropping out of the NCAA and/or college athletics altogether.

100% agree
some UL fans think that because UL got punished for having an assistant pay for sex parties using strippers that the P5 conferences will leave the NCAA
i am still laughing at that

 

[UKnCincy]

I'd actually kind of like to see UL try and have the case dismissed by the courts.

The reason I say this is it seems pretty evident that UNC will sue (or at least is posturing to sue) in the event the NCAA brings the hammer to them.

Having UL's case dismissed will help bring home the point that UNC is making idle threats at this point.

If these schools are not willing to pay the price of their rule-breaking, they always have the option of dropping out of the NCAA and/or college athletics altogether.

Only thing I'd say to that is this. While UNC would ultimately lose any lawsuit, they can make a much more compelling argument to avoid having the lawsuit tossed outright. Their response to the third NOA was pretty strong in that sense.

UL, on the other hand, has a snowball's chance in hell of successfully getting a judge to hear a lawsuit. They have no argument that the NCAA ignored by-laws, which is what they would need. They are arguing that the penalties were too severe. However, the by-laws give the COI a large amount of discretion so UL doesn't really have anything to leverage at this point.

 

[JPScott]

Only thing I'd say to that is this. While UNC would ultimately lose any lawsuit, they can make a much more compelling argument to avoid having the lawsuit tossed outright. Their response to the third NOA was pretty strong in that sense.

UL, on the other hand, has a snowball's chance in hell of successfully getting a judge to hear a lawsuit. They have no argument that the NCAA ignored by-laws, which is what they would need. They are arguing that the penalties were too severe. However, the by-laws give the COI a large amount of discretion so UL doesn't really have anything to leverage at this point.

I agree that UNC has more of a case than U of L would. That's why I think it would be useful to see U of L try to bring a suit, and get the case thrown out.

Anyway, I still think bringing suit is the last thing UNC should want to have happen and this is a smokescreen. I don't think they want anyone to go under oath.

 

[BigBlueFanGA]

Only thing I'd say to that is this. While UNC would ultimately lose any lawsuit, they can make a much more compelling argument to avoid having the lawsuit tossed outright. Their response to the third NOA was pretty strong in that sense.

UL, on the other hand, has a snowball's chance in hell of successfully getting a judge to hear a lawsuit. They have no argument that the NCAA ignored by-laws, which is what they would need. They are arguing that the penalties were too severe. However, the by-laws give the COI a large amount of discretion so UL doesn't really have anything to leverage at this point.

I'm still confused. Has any school sued strictly over infractions/penalties? What grounds would a judge have to think he/she had a right to even review an infractions case? I understand athletes suing and the State in the Penn St situation but most everything else I found had some level of anti-trust tied to it.

 

[_Rooster]

Time for another Big Red Minardi Bump!

 

[morgousky]

I'm still confused. Has any school sued strictly over infractions/penalties? What grounds would a judge have to think he/she had a right to even review an infractions case? I understand athletes suing and the State in the Penn St situation but most everything else I found had some level of anti-trust tied to it.

There are no grounds for Louisville to sue the NCAA. Any talk of it is simple posturing. I'm not sure about a precedent case, but to my knowledge there has never been a single case brought before a court with even remotely similar circumstances; and since this is private, they'd have a high mountain to climb in order to actually pull something like that off so, It isn't happening.

 

[UKnCincy]

I'm still confused. Has any school sued strictly over infractions/penalties? What grounds would a judge have to think he/she had a right to even review an infractions case? I understand athletes suing and the State in the Penn St situation but most everything else I found had some level of anti-trust tied to it.

If in the process of punishing a school, the NCAA were to blantantly disregard its own established by-laws, then a school would have grounds to sue the NCAA.

Outside of that, judges are going to refuse to intervene. It is a VERY high bar that schools would have to clear in order to successfully sue the NCAA. There's nothing to stop a school from trying it, but there's very little chance of the lawsuit actually going anywhere.

 

[Glenn's take]

If in the process of punishing a school, the NCAA were to blantantly disregard its own established by-laws, then a school would have grounds to sue the NCAA.

Outside of that, judges are going to refuse to intervene. It is a VERY high bar that schools would have to clear in order to successfully sue the NCAA. There's nothing to stop a school from trying it, but there's very little chance of the lawsuit actually going anywhere.

Here is all I'm saying from what I remember when this came up in the past. As a member of the NCAA they can't sue themselves. The analogy I heard was that if I step on a rake in my back yard and break my leg I can't sue because I would be suing myself. Others seem to have more knowledge about it than me so I take them at there word but that what I seem to remember hearing and can't find anything other that OK and GA suing back in the 80's.

 

[crestcat]

Damn, I'd love to see this in court, give McGee immunity and make him squeal like a pig. Find out where the money came from, who else knew. Anybody think Uvel is going to let that happen?

 

[UKnCincy]

Here is all I'm saying from what I remember when this came up in the past. As a member of the NCAA they can't sue themselves. The analogy I heard was that if I step on a rake in my back yard and break my leg I can't sue because I would be suing myself. Others seem to have more knowledge about it than me so I take them at there word but that what I seem to remember hearing and can't find anything other that OK and GA suing back in the 80's.

It's not that type of relationship. Being a member of an association does not then mean that you are also the association. There is a difference.

If a third party sues the NCAA, the individual member institutions are not liable for any damages were the NCAA to lose. There is a difference between the association and its members.

This would be more like a member of a country club suing the country club over some disagreement. And courts generally don't get in the middle of that.

 

[Glenn's take]

It's not that type of relationship. Being a member of an association does not then mean that you are also the association. There is a difference.

If a third party sues the NCAA, the individual member institutions are not liable for any damages were the NCAA to lose. There is a difference between the association and its members.

This would be more like a member of a country club suing the country club over some disagreement. And courts generally don't get in the middle of that.

Cool man thanks. If you ever need any accounting advise let me know. I am much smarter with that.

 

[SilentsAreGolden]

UofL absolutely can sue the NCAA.

I think people are confusing "can they sue" with "can they win the lawsuit".

In order to win the lawsuit UofL would have to show the NCAA violated their own rules. That's why it would be foolish to bring the complaint.

According to Bilas, the NCAA violated every rule it's ever had in the UNCheat case. I'm sure he thinks the same about UL.

 

[gojvc]

Find out where the money came from, who else knew.

Where the money came from. THAT is the thing that I've wondered about all along. You know McGee didn't cough that up out of his own pocket. Somebody provided it and somebody signed off on that. I can't believe there hasn't been more talk about that aspect of it.

 

[gossie21]

According to Bilas, the NCAA violated every rule it's ever had in the UNCheat case. I'm sure he thinks the same about UL.

Reasonable minds can disagree. Bilas isn't the only one allowed to have an opinion. His stance on any/every NCAA issue is entirely predictable.

 

[Oldblueone]

Maybe Charlie Sheen

 

[wldktz8]

James Comey . In all seriousness why not let slick Rick play his own part? I'm sure he would love to re live the moment.

 

[Bkocats]

Brian Williams

 

[Mike_Edwards]

Brian Williams

Pacino

 

[rick64]

Kevin Spacey

 

[LouievileKat]

Go ahead and sue. I look forward to the testimony every night on ESPN. The nation needs to know about Twills Thrills

 

[CGblue]

Gotta be Joe Pesci

 

[Kybluedude]

Pacino

correct

 

[TheFolker]

Christopher Walken