Judge Heagarty's Ruling

#80
#80
My issue with judge has more to do with timing than the ruling.
If this judge had not delayed making a ruling then Haupel could have gone hard for a transfer QB. I know they swung and missed on a couple of big names but Haupel was hamstrung not knowing Joey's siruation.
Had he known, he could have had a much deeper bank account and we wouldnt be in this situation.
The judge not only ruled against Joey but made it almost impossible to attract a headliner QB
 
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#81
#81
does anyone have a copy of the opinion? Or did he announce it from the bench and it’s being drafted? I can’t find a copy only articles.
 
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#90
#90
The sad part is there is a federal suit since this issue covers every state in the union. The smart ruling would have been to issue a TRO on the this very fact this very issue. No harm to any side until this issue is settled nationally.
 
#91
#91
I read the 29 page opinion. 90% of you grunts could not wrap your feeble minds around the issues therein. The other 10% would recognize and appreciate how the sausage was made and why it was made that way. Did you folks know that the case was not dismissed and the parties can get a full scale evidentiary trial?
 
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#92
#92
Professor Nono said:
I read the 29 page opinion. 90% of you grunts could not wrap your feeble minds around the issues therein. The other 10% would recognize and appreciate how the sausage was made and why it was made that way. Did you folks know that the case was not dismissed and the parties can get a full scale evidentiary trial?
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So you're sayin' there's a chance ...
 
#93
#93
natemantooth said:
So you're sayin' there's a chance ...
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No - there is no chance. Each side COULD move on to trial but that was not the point. What Mr. Aguilar's attorneys attempted to do was to throw a bunch of arguments against the wall to see if maybe something stuck and then by the time the trial rolled around, after a ton of depositions and motions where all the attorneys have conflicts and everything has to drag on forever, maybe Mr. Aguilar had already played through the 2027 season and it would be too late do to anything about it. The problem is that the law did not support any of Mr. Aguilar's arguments with enough force to keep the injunction in place. Reading the opinion, the Chancellor moved at the fastest pace possible - his court is not one like federal court where the judge has a team of lawyers/clerks working for him to help. The Chancellors are on their own. I am sure that the Chancellor in this case had to drop what he was doing and give every single bit of his time and attention for three weeks to this one case that came before him emergently. This might come as a surprise to some of you but those judges aren't just sitting down there with a catcher's mitt on waiting for the next UT case to come along so they can set aside all of the domestic violence cases, child abuse cases, etc. to deal with a football issue.

This was an exceptionally complex matter. That's what happens when you have attorneys paid quite well to see if they can get something done for Mr. Agular. Here's what was in play down there and all rolled together; third-party beneficiary contract law that is by no means black or white; the Tennessee Trade Practices Act and the case law and legislative intent behind it; the federal Sherman Act and the case law and legislative intent behind it; the "Dormant Commerce Clause" doctrine enmeshed in the U.S. Constitution together with interpreting case law; The NIL statutes in the State of Tennessee and the legislative intent behind it; Rule 65 of the Tennessee Rules of Civil Procedure regarding injunctions and all of the Tennessee case law that goes with it; the bylaws of the NCAA - which are not simple or succinct; case law from Tennessee, other states and federal decisions all the way up to the Supreme Court; declarations from various witnesses and at least three different experts on commerce and NIL. In short, Mr. Agular's attorneys left no stone unturned and neither did the Chancellor in his opinon.

Do I wish that there had been a way for Mr. Aguilar to continue playing? Of course I do. What a great guy, great quarterback and sterling representative for UT. However, unlike the dirty dogs down in Alabama and other states, we have good law and good judges up here that are not going to simply test the air of public opinion and rule accordingly. If I was one of Mr. Aqular's attorneys, I might consider appealing the decision if I got paid enough but the appeal decision is already written - by the Chancellor.
 
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#94
#94
Professor Nono said:
No - there is no chance. Each side COULD move on to trial but that was not the point. What Mr. Aguilar's attorneys attempted to do was to throw a bunch of arguments against the wall to see if maybe something stuck and then by the time the trial rolled around, after a ton of depositions and motions where all the attorneys have conflicts and everything has to drag on forever, maybe Mr. Aguilar had already played through the 2027 season and it would be too late do to anything about it. The problem is that the law did not support any of Mr. Aguilar's arguments with enough force to keep the injunction in place. Reading the opinion, the Chancellor moved at the fastest pace possible - his court is not one like federal court where the judge has a team of lawyers/clerks working for him to help. The Chancellors are on their own. I am sure that the Chancellor in this case had to drop what he was doing and give every single bit of his time and attention for three weeks to this one case that came before him emergently. This might come as a surprise to some of you but those judges aren't just sitting down there with a catcher's mitt on waiting for the next UT case to come along so they can set aside all of the domestic violence cases, child abuse cases, etc. to deal with a football issue.

This was an exceptionally complex matter. That's what happens when you have attorneys paid quite well to see if they can get something done for Mr. Agular. Here's what was in play down there and all rolled together; third-party beneficiary contract law that is by no means black or white; the Tennessee Trade Practices Act and the case law and legislative intent behind it; the federal Sherman Act and the case law and legislative intent behind it; the "Dormant Commerce Clause" doctrine enmeshed in the U.S. Constitution together with interpreting case law; The NIL statutes in the State of Tennessee and the legislative intent behind it; Rule 65 of the Tennessee Rules of Civil Procedure regarding injunctions and all of the Tennessee case law that goes with it; the bylaws of the NCAA - which are not simple or succinct; case law from Tennessee, other states and federal decisions all the way up to the Supreme Court; declarations from various witnesses and at least three different experts on commerce and NIL. In short, Mr. Agular's attorneys left no stone unturned and neither did the Chancellor in his opinon.

Do I wish that there had been a way for Mr. Aguilar to continue playing? Of course I do. What a great guy, great quarterback and sterling representative for UT. However, unlike the dirty dogs down in Alabama and other states, we have good law and good judges up here that are not going to simply test the air of public opinion and rule accordingly. If I was one of Mr. Aqular's attorneys, I might consider appealing the decision if I got paid enough but the appeal decision is already written - by the Chancellor.
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However, as you've seen from the comments here and the way our government carries on these days, caring about "the rule of law" is so last century.

We want our way and if the rules are in the way, call them dumb and break them and if the court stops you, call the judges dumb.

'merica!
 
#95
#95
VOLINVONORE said:
Time to let this go. Find something else to bitch about
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Yes, I agree. Joey "the fireman" was great. He gave his heart for us for one year. I only wish this VFL the best. It's time to break in a new quarterback and see what comes. NIL and broken contracts have almost ruined NCAA football. Let's see what Gmac, Fazion, et al. can do this year!
 
#96
#96
Professor Nono said:
I read the 29 page opinion. 90% of you grunts could not wrap your feeble minds around the issues therein. The other 10% would recognize and appreciate how the sausage was made and why it was made that way. Did you folks know that the case was not dismissed and the parties can get a full scale evidentiary trial?
Click to expand...
Can you link the opinion please I’d like to read it
 
#97
#97
natemantooth said:
It's not fair, but I don't see Joey making $2 - $4 million dollars in the NFL next year. Joey may have cause for a civil case related to those loss of funds.
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I have almost no legal experience. Is that an invitation to revisit the case if Joey goes undrafted?

Professor Nono said:
I read the 29 page opinion. 90% of you grunts could not wrap your feeble minds around the issues therein. The other 10% would recognize and appreciate how the sausage was made and why it was made that way. Did you folks know that the case was not dismissed and the parties can get a full scale evidentiary trial?
Click to expand...
Perhaps my feeble mind already had an answer.
 
#98
#98
Professor Nono said:
No - there is no chance. Each side COULD move on to trial but that was not the point. What Mr. Aguilar's attorneys attempted to do was to throw a bunch of arguments against the wall to see if maybe something stuck and then by the time the trial rolled around, after a ton of depositions and motions where all the attorneys have conflicts and everything has to drag on forever, maybe Mr. Aguilar had already played through the 2027 season and it would be too late do to anything about it. The problem is that the law did not support any of Mr. Aguilar's arguments with enough force to keep the injunction in place. Reading the opinion, the Chancellor moved at the fastest pace possible - his court is not one like federal court where the judge has a team of lawyers/clerks working for him to help. The Chancellors are on their own. I am sure that the Chancellor in this case had to drop what he was doing and give every single bit of his time and attention for three weeks to this one case that came before him emergently. This might come as a surprise to some of you but those judges aren't just sitting down there with a catcher's mitt on waiting for the next UT case to come along so they can set aside all of the domestic violence cases, child abuse cases, etc. to deal with a football issue.

This was an exceptionally complex matter. That's what happens when you have attorneys paid quite well to see if they can get something done for Mr. Agular. Here's what was in play down there and all rolled together; third-party beneficiary contract law that is by no means black or white; the Tennessee Trade Practices Act and the case law and legislative intent behind it; the federal Sherman Act and the case law and legislative intent behind it; the "Dormant Commerce Clause" doctrine enmeshed in the U.S. Constitution together with interpreting case law; The NIL statutes in the State of Tennessee and the legislative intent behind it; Rule 65 of the Tennessee Rules of Civil Procedure regarding injunctions and all of the Tennessee case law that goes with it; the bylaws of the NCAA - which are not simple or succinct; case law from Tennessee, other states and federal decisions all the way up to the Supreme Court; declarations from various witnesses and at least three different experts on commerce and NIL. In short, Mr. Agular's attorneys left no stone unturned and neither did the Chancellor in his opinon.

Do I wish that there had been a way for Mr. Aguilar to continue playing? Of course I do. What a great guy, great quarterback and sterling representative for UT. However, unlike the dirty dogs down in Alabama and other states, we have good law and good judges up here that are not going to simply test the air of public opinion and rule accordingly. If I was one of Mr. Aqular's attorneys, I might consider appealing the decision if I got paid enough but the appeal decision is already written - by the Chancellor.
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Thanks for the thoughtful analysis. "The dirty dogs of Alabama" made me chuckle. I'm glad we don't have the same child-bride laws as Bama, but for college eligibility and NCAA emerging laws I'll sleep just fine if we're on a level playing field.
 
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#99
#99
knoxvol52 said:
Basically a turncoat...
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The final argument from the NCAA lawyer was so unpersuasive. His voice was trembling with manufactured emotion, as if he were on some holy mission from the NCAA to enforce an implied junior college eligibility "rule" that isn't even fully baked into their policy. He sounded like he was going to break down in tears. It was pathetic.

If the NCAA had its way, the players who put their bodies and their future mental health (CTE) on the line would be unpaid for their efforts. NIL should've happened decades ago. I hope the NCAA is eventually pushed out of the picture altogether. Their credibility and fairness in the minds of college football fans and athletes have been irreparably damaged.
 
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#100
#100
claimjumper steve said:
Yes, I agree. Joey "the fireman" was great. He gave his heart for us for one year. I only wish this VFL the best. It's time to break in a new quarterback and see what comes. NIL and broken contracts have almost ruined NCAA football. Let's see what Gmac, Fazion, et al. can do this year!
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Gmac reminds me of Ainge in physical build, and with his uncle having a nice professional career. Good genes.

Faizon looks like Dobbs or Hooker. We're always at our best with an elite running QB to bolster our 3rd and 4th down conversion rate.

I'd love to see Faizon come in and seize the job as a freshman, but that's asking a lot of him at 18 years old. Anything can happen. Go Vols!
 
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