NCAA files response in Tennessee lawsuit, cites state’s laws barring NIL in recruiting

#1

VolForLife83

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#1
Sorry if already posted. Too many threads to keep up with everything. Move if needed.

“Tennessee is not irreparably harmed by rules restricting something the State’s laws independently prohibit,” the NCAA’s lawyers wrote, later adding, “The rules they seek to challenge have been in effect for years, and Plaintiffs offer no justification for claiming an entitlement to emergency relief on a truncated record after delaying years in seeking any relief.”

“There is no reason to upend this process, invite chaos on a moment’s notice, and transform college sports into an environment where players and schools match up based primarily on the dollars that can change hands,” NCAA lawyers wrote. “Requests for radical change require sound deliberation. They benefit from a complete record and fulsome consideration. The Court should deny Plaintiffs’ late-breaking and ill-conceived request for injunctive relief.”


 
#11
#11
There is no reason to upend this process, invite chaos on a moment’s notice, and transform college sports into an environment where players and schools match up based primarily on the dollars that can change hands,” NCAA lawyers wrote. “Requests for radical change require sound deliberation. They benefit from a complete record and fulsome consideration. The Court should deny Plaintiffs’ late-breaking and ill-conceived request for injunctive relief.”

And there is no reason to upend chaos that you caused for no rules of NIL, and there is no reason for an investigation. In all due process, drop it now.
 
#15
#15
Sorry if already posted. Too many threads to keep up with everything. Move if needed.






NCAA, Let me put this in layman terms for you. Kids go to college to learn how to make money. NiL is a way they make money. Therefore you NCAA are not allowed to tell a kid they can or cannot make money. Lawsuit from UT says, GTFO on behalf of all kids!
 
#17
#17
I'm not sure I understand the ins and outs of all this, but I think the NCAA is merely responding to the request presented to the court for injunctive relief. The merits of the case filed by the state will still be tried, and I don't think this particular response is addressing their investigation against us. I may be wrong, and if there are any attorneys on here, clear it up for us (me), if you would.

(Tomorrow, going to bed now..:))
 
#18
#18
I'm not sure I understand the ins and outs of all this, but I think the NCAA is merely responding to the request presented to the court for injunctive relief. The merits of the case filed by the state will still be tried, and I don't think this particular response is addressing their investigation against us. I may be wrong, and if there are any attorneys on here, clear it up for us (me), if you would.

(Tomorrow, going to bed now..:))
Correct. But at the same time, if an injunction is given then it’s clear as day the court will rule that NCAA has no say in recruits talking to collectives/reps, therefore making the case against us irrelevant (assuming it all goes back to Nico/NIL).
 
#19
#19
I'm not sure I understand the ins and outs of all this, but I think the NCAA is merely responding to the request presented to the court for injunctive relief. The merits of the case filed by the state will still be tried, and I don't think this particular response is addressing their investigation against us. I may be wrong, and if there are any attorneys on here, clear it up for us (me), if you would.

(Tomorrow, going to bed now..:))
I think you're exactly correct. This is only about the restraining order.

It's very close to signing day and the NCAA is trying to argue, it seems, that the lack of NIL restrictions creates chaos for signing day as schools might use the lack of NCAA NIL restrictions to "last minute flip" players via methods the NCAA disapproves of.

This is nowhere near their complete response to the meat of the lawsuit, just the temporary restraining order request.

It's early yet. The attorneys haven't even billed enough to pay for a new pool at the beach house yet. There's a lot more billable hours to be charged before they get anywhere near the response, countersuit, or whatever the NCAA does, much less a trial.
 
#21
#21
I'm not sure I understand the ins and outs of all this, but I think the NCAA is merely responding to the request presented to the court for injunctive relief. The merits of the case filed by the state will still be tried, and I don't think this particular response is addressing their investigation against us. I may be wrong, and if there are any attorneys on here, clear it up for us (me), if you would.

(Tomorrow, going to bed now..:))
This is for a temporary injunction pending the outcome of the merits of the case. It requires several things to be granted. One of the things that must be shown is “likelihood of success on the merits.” So, if it is granted, it’s usually all but over. However, a denial doesn’t mean quite as much, because they can be denied for other reasons (typically lack of immediate irreparable harm). It’s usually only game over for the movant if the court states something devastating like the movant is not likely to succeed on the merits.

So, if it’s granted, NCAA will most like try to appeal because it would foreshadow a likely loss for them. If Tennessee doesn’t win, it’s not the end of the world for the case depending on the rationale for the denial.
 
#23
#23
I just don't understand NCAA mindset. They had a window where they could have come back and said "After further review we find no violation due to pre-NIL rule change, blah..blah..blah." made is sound like we were the ones jumping the gun and then went and violated the hell out of Sisters for the Blind to make them feel better and relevant.....but noooooo. They triple down with a line in the sand.

NCAA seems to have a bunch of egos on staff that get butt hurt easy. Former high school hall monitors that can map out the inside of every locker at their former high school? I'm still not sure how UGA president being NCAA Chairman is not a conflict of interest or raising flags for those outside the Tenn footprint.
 
#25
#25
I just don't understand NCAA mindset. They had a window where they could have come back and said "After further review we find no violation due to pre-NIL rule change, blah..blah..blah." made is sound like we were the ones jumping the gun and then went and violated the hell out of Sisters for the Blind to make them feel better and relevant.....but noooooo. They triple down with a line in the sand.

NCAA seems to have a bunch of egos on staff that get butt hurt easy. Former high school hall monitors that can map out the inside of every locker at their former high school? I'm still not sure how UGA president being NCAA Chairman is not a conflict of interest or raising flags for those outside the Tenn footprint.
They need to justify their existence and save their own jobs.
 

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