Cade Mays transfer appeal!

#76

St. JohnVolCactus

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#76
Didn't read everyone's thoughts, so SIAP.

This is how i see it. The suit for the finger is simply leverage and could be an insurance policy. 1) If Georgia interferes in the transfer process, then UGA could face "retaliation" claims. Retaliation by UGA against Cade for his family filing the law suit. It wouldn't surprise me if the Mays family is using "fear of retaliation" as a "hardship" reason for the NCAA to grant immediate eligibility. 2) The settlement from the law suit will be the insurance policy for Cade should injury cut his career short or the NFL doesn't come calling. Dad, Kevin, definitely understands that aspect of his sons' situations.

Either way, doubt the NCAA and/ or UGA want this hanging out there for very long. They also don't want the hassle and I seriously doubt they want to fight with - presumably- a high profile lawyer and wage a PR war. That's a lot of energy, human capital, and expense just to keep a young man from "moving home." It also presents a good deal of risk that includes he potential for long term recruiting/ perception blowback.
 
#80

Jpcisco

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#80
Didn't read everyone's thoughts, so SIAP.

This is how i see it. The suit for the finger is simply leverage and could be an insurance policy. 1) If Georgia interferes in the transfer process, then UGA could face "retaliation" claims. Retaliation by UGA against Cade for his family filing the law suit. It wouldn't surprise me if the Mays family is using "fear of retaliation" as a "hardship" reason for the NCAA to grant immediate eligibility. 2) The settlement from the law suit will be the insurance policy for Cade should injury cut his career short or the NFL doesn't come calling. Dad, Kevin, definitely understands that aspect of his sons' situations.

Either way, doubt the NCAA and/ or UGA want this hanging out there for very long. They also don't want the hassle and I seriously doubt they want to fight with - presumably- a high profile lawyer and wage a PR war. That's a lot of energy, human capital, and expense just to keep a young man from "moving home." It also presents a good deal of risk that includes he potential for long term recruiting/ perception blowback.
The Mays family wanted to keep the lawsuit secret, when Cade told Kirby he was transferring, Georgia leaked the news of the lawsuit in retaliation which in a funny way helps strengthen his chances for getting a waiver. Being vindictive (Georgia) could work out in our favor.
 
#81

orangemadam

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#81
University does not control the transfer. That's what the transfer portal is for. The NCAA rules on the appeal to gain immediate eligibility. Harbaugh would have kept Solomon from being eligible if he could I'm sure.

True but they can put a lot of obstacles in the way and it would be much easier if they would "support" the immediate eligibility of the transfer.
 
#83

kcvols1

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#83
The Mays family wanted to keep the lawsuit secret, when Cade told Kirby he was transferring, Georgia leaked the news of the lawsuit in retaliation which in a funny way helps strengthen his chances for getting a waiver. Being vindictive (Georgia) could work out in our favor.
Not sure I see this angle, as lawsuits are matters of public record.

As for the delay, there is a two year personal injury statute of limitation in Georgia. UGA might have a good basis to move to dismiss depending on the dates.
 
#85

Jpcisco

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#85
Not sure I see this angle, as lawsuits are matters of public record.

As for the delay, there is a two year personal injury statute of limitation in Georgia. UGA might have a good basis to move to dismiss depending on the dates.
Thats exactly how everything unfolded according to Mays lawyer.
 
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#86

kcvols1

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#86
Thats exactly how everything unfolded according to Mays lawyer.
K. I hope they filed it or took some other tolling action before December 15.

From the signing day pics, Kevin doesn’t look particularly litigious. A strong card to play for Cade - but man it's a costly one!
 
#87

tallahasseevol

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#87
I agree that the timing on the lawsuit could appear suspicious, but there are also perfectly legitimate reasons why someone doesn't sue for personal injury immediately.

Sometimes people don't realize the extent of the injury until much further down the road. As some have joked, it's just a pinky--he doesn't even need it. That might have been what he thought at the time once the initial shock wore off. Although in pain, a tough, former elite-level football player probably initially thought it was no big deal, but then over the course of the next year and half when he had more pain, more surgeries (including skin grafts which hurt like a bitch), he realized this was going to be a long road. Then you take into account that, depending on his job, it may have limited his ability to work and may continue to do so for the foreseeable future. Moreover, as someone here mentioned, the law allows for personal injury suits to be filed up to two years after the alleged incident. This statute of limitations is to both provide a cut-off (pun intended) date within which suits can be filed, but also recognizes the length time it make take for a victim to recognize the extent of their injuries and need for compensation.

On top of all that, we don't know what promises may have been made at the time that have not be fulfilled, or what negotiations may have taken place and fallen through leading up to the filing of the lawsuit. I mean, if the parent of a highly-touted recruit is visiting my school and loses part of his finger, I'm offering to cover medical expenses right out the gate. Maybe there are concerns with NCAA violations by giving money to a recruit's family, and I'm no NCAA rules expert, but I gotta believe there is some sort of exception for serious bodily harm potentially caused by the school.

Also, I think there have been people that have been under the impression that the lawsuit was just filed--it was filed over a month ago, well before the transfer announcement. I get it--could be a good bit of gamesmanship to file the suit far enough in advance of the announcement to cause some doubt that the two are linked, and I'm not saying it isn't, but I'm inclined to give the benefit of the doubt to the guy who lost part of his finger and had to undergo multiple surgeries. Also, my glasses are very orange.

Finally, to be clear, UGA would have no grounds for a motion to dismiss based solely on the statute of limitations having expired. The incident occurred on December 15, 2017 and suit was filed on December 5, 2019, ten days short of the expiration of the statute of limitations.

A couple questions to VN and also any Dawgs that might be trolling here--tell me your thoughts if any of the scenarios had been as followed:

1) Mays filed suit immediately and his son still signs with UGA and later transfers?
2) Mays never files suit and his son still elects to transfer?

Who knows, maybe he is a freaking mastermind and intentionally cut off part of his pinky with a concealed blade all in case his son decided to sign with UGA but then one day might want to transfer and he wanted to have a possible lawsuit in his back pocket to create some sort of quid pro quo. Man...this guy is good.
 
#92

Mikevol1964

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#92
Not sure I see this angle, as lawsuits are matters of public record.

As for the delay, there is a two year personal injury statute of limitation in Georgia. UGA might have a good basis to move to dismiss depending on the dates.
Lawsuits are public record but odd that it was filed on Dec 5, 2019 and it comes to light the same day the transfer is announced. That’s Kirby being a little - - - - - trying to embarrass the Mays (only my opinion don’t have any proof). Also the reason the lawsuit was filed was because the statue of limitations was going to run.
 
#93
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#93
I know that Mays coming to UT is a big deal. But a part of me remembers when he kinda sh** on UT being committed and being from Knoxville area and all that and then flipping to uga so if he did sit a year it kind of would like prove he really wants to be here. Go Vols
 
#96

tallahasseevol

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#96
I agree that the timing on the lawsuit could appear suspicious, but there are also perfectly legitimate reasons why someone doesn't sue for personal injury immediately.

Sometimes people don't realize the extent of the injury until much further down the road. As some have joked, it's just a pinky--he doesn't even need it. That might have been what he thought at the time once the initial shock wore off. Although in pain, a tough, former elite-level football player probably initially thought it was no big deal, but then over the course of the next year and half when he had more pain, more surgeries (including skin grafts which hurt like a bitch), he realized this was going to be a long road. Then you take into account that, depending on his job, it may have limited his ability to work and may continue to do so for the foreseeable future. Moreover, as someone here mentioned, the law allows for personal injury suits to be filed up to two years after the alleged incident. This statute of limitations is to both provide a cut-off (pun intended) date within which suits can be filed, but also recognizes the length time it make take for a victim to recognize the extent of their injuries and need for compensation.

On top of all that, we don't know what promises may have been made at the time that have not be fulfilled, or what negotiations may have taken place and fallen through leading up to the filing of the lawsuit. I mean, if the parent of a highly-touted recruit is visiting my school and loses part of his finger, I'm offering to cover medical expenses right out the gate. Maybe there are concerns with NCAA violations by giving money to a recruit's family, and I'm no NCAA rules expert, but I gotta believe there is some sort of exception for serious bodily harm potentially caused by the school.

Also, I think there have been people that have been under the impression that the lawsuit was just filed--it was filed over a month ago, well before the transfer announcement. I get it--could be a good bit of gamesmanship to file the suit far enough in advance of the announcement to cause some doubt that the two are linked, and I'm not saying it isn't, but I'm inclined to give the benefit of the doubt to the guy who lost part of his finger and had to undergo multiple surgeries. Also, my glasses are very orange.

Finally, to be clear, UGA would have no grounds for a motion to dismiss based solely on the statute of limitations having expired. The incident occurred on December 15, 2017 and suit was filed on December 5, 2019, ten days short of the expiration of the statute of limitations.

A couple questions to VN and also any Dawgs that might be trolling here--tell me your thoughts if any of the scenarios had been as followed:

1) Mays filed suit immediately and his son still signs with UGA and later transfers?
2) Mays never files suit and his son still elects to transfer?

Who knows, maybe he is a freaking mastermind and intentionally cut off part of his pinky with a concealed blade all in case his son decided to sign with UGA but then one day might want to transfer and he wanted to have a possible lawsuit in his back pocket to create some sort of quid pro quo. Man...this guy is good.
Here's a good read on the topic and highlighting that the litigation more than likely began a long time ago but that negotiations probably failed and they filed when they did to not pass the statute of limitations: https://www.si.com/college/2020/01/...=socialflow_twitter_si&utm_source=twitter.com
 
#98

butchna

Sit down and tell me all about it...way over there
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#98
University does not control the transfer. That's what the transfer portal is for. The NCAA rules on the appeal to gain immediate eligibility. Harbaugh would have kept Solomon from being eligible if he could I'm sure.
Doesn’t hurt when they don the fetal position pose...ala Justin Fields. NCAA really only wants EVERYONE to shut up! Fast tracking this process gets that done quieter.
 

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