TRO Denied

#102
#102
I am in no way an attorney, so do not take what I say as anything other than a layman’s opinion.

But, with the wording from the judge, it seems to me he is insinuating to the NCAA that they need to figure out a way out of this or they likely will lose all power in the NIL case. So…NCAA, you need to rethink this and see if you REALLY want to pursue what may lead to your ultimate demise.

Would love a practicing attorney’s view on that.
 
  • Like
Reactions: krichunaka and S.C. OrangeMan
#103
#103
Special Ed said:
I'd rather have a Permanent Restraining Order against the ncaa than a Temporary Restraining Order anyway.
Click to expand...

wiz khalifa conan obrien GIF by Team Coco
 
#107
#107
SpeedyVOL said:
The NCAA WILL drag the case out as long as possible in order to harm our recruiting.
Click to expand...
It damages us some, not going to lie. But with the portal kids can just transfer if something comes down from ncaa. It sucks but it’s not going to kill the program just slow us down a bit.
 
#108
#108
DaddyChad said:
It damages us some, not going to lie. But with the portal kids can just transfer if something comes down from ncaa. It sucks but it’s not going to kill the program just slow us down a bit.
Click to expand...
can we sue for damages to recruiting if we win the legal battle? could be some financial loss
 
  • Like
Reactions: S.C. OrangeMan
#109
#109
orangemadam said:
Basilio has a good read on this today. Probably should read.
Doesn't sound real good for UT.

(go ahead negaBasilios)
Click to expand...
The more I hear about this from the media, the more it sounds like this is not going to be the "Slam Dunk Case against the NCAA" allot of people initially thought it was going to be.:( And yes I am concerned about losing Nico. I know that would take allot of bad luck, but when is the last time UT football had any good luck?
 
  • Like
Reactions: orangemadam
#110
#110
overseasorange2 said:
The more I hear about this from the media, the more it sounds like this is not going to be the "Slam Dunk Case against the NCAA" allot of people initially thought it was going to be.:( And yes I am concerned about losing Nico. I know that would take allot of bad luck, but when is the last time UT football had any good luck?
Click to expand...
we really need more schools to join forces here... I just think they are afraid to

they need to understand the NCAA could be on their doorstep next snooping around
 
  • Like
Reactions: overseasorange2
#111
#111
Volbrando said:
can we sue for damages to recruiting if we win the legal battle? could be some financial loss
Click to expand...
You can sue for almost anything. I’m not sure it will matter at the end of the day. NCAA may not even be an entity in a couple of years.
 
  • Like
Reactions: Remy
#112
#112
overseasorange2 said:
The more I hear about this from the media, the more it sounds like this is not going to be the "Slam Dunk Case against the NCAA" allot of people initially thought it was going to be.:( And yes I am concerned about losing Nico. I know that would take allot of bad luck, but when is the last time UT football had any good luck?
Click to expand...
The media is garbage in every regard, and sports media's obvious decline was the first indicator of where "journalism" was going in this country. Basilio is right approximately 4% of the time.

If you want to feel better, read what the judge said.
 
  • Like
Reactions: Woodlawn VOL, davethevol and DaddyChad
#113
#113
overseasorange2 said:
The more I hear about this from the media, the more it sounds like this is not going to be the "Slam Dunk Case against the NCAA" allot of people initially thought it was going to be.:( And yes I am concerned about losing Nico. I know that would take allot of bad luck, but when is the last time UT football had any good luck?
Click to expand...
So let’s see Basillo has a more informed legal opinion than the judge that said the ncaa is likely to lose?
 
#114
#114
overseasorange2 said:
The more I hear about this from the media, the more it sounds like this is not going to be the "Slam Dunk Case against the NCAA" allot of people initially thought it was going to be.:( And yes I am concerned about losing Nico. I know that would take allot of bad luck, but when is the last time UT football had any good luck?
Click to expand...
Bama missing that late FG
 
  • Like
Reactions: K87vol
#118
#118
The NCAA won’t do anything that affects Nico’s playing time this point. They will get destroyed financially if they attempt to do so. The Judge warned them in so many words. This was a preemptive strike from UT that will keep the NCAA at bay. They’re probably trying to figure out how to back down without looking like idiots.
 
  • Like
Reactions: S.C. OrangeMan, TheVolsFrog and wmcovol
#122
#122
CAVPUT said:
Since this is your world, I'll defer to your opinion, but without the injunction, I can see the NCAA going full speed ahead on making Nico ineligible for next season. They won't need a long, drawn out investigation on this one. That being the case, I'd have to wonder if Nico and his family will hang or maybe hit the portal? Hard to "prove" damages in recruiting or portal departures so even if we win, the "damage" we fans see will be a moot point in a court room, no? So even if we win, we still lose...at least that's how it looks to me. From my perspective, the injunction is a must. Without it, everything we've pointed to by signing Nico has the potential to go up in smoke.
Click to expand...
I don't see the NCAA doing a thing until this matter is over. Anti-trust damages under the Sherman Act are awarded as treble damages (meaning damages are tripled). The NCAA is not going to do anything to risk providing the court an opportunity to award any damages, the amount of which will be tripled upon final adjudication. Especially given that Judge Coker expressly stated that the NCAA is likely to lose this matter unless further evidence that favors the NCAA is presented.

Again, I would be mildly surprised if the injunction isn't granted next week, but if it isn't, I highly doubt the NCAA will do a thing. In fact, if the injunction isn't granted next week, it'll be because the court is satisfied that the NCAA is NOT going to engage in damaging acts prior to final adjudication.
 
  • Like
Reactions: S.C. OrangeMan
#123
#123
Jimmy Football said:
I worry about that too, but I’m hoping this past week has sobered up the NCAA.

I don’t put anything past the AA, but I don’t think it would make judge Corker happy if you spent all week arguing “no irreparable harm to student athletes,” then the first thing you do after the injunction is denied is go suspend a student athlete.
Click to expand...
EXACTLY.
 
#124
#124
willinhf said:
I am in no way an attorney, so do not take what I say as anything other than a layman’s opinion.

But, with the wording from the judge, it seems to me he is insinuating to the NCAA that they need to figure out a way out of this or they likely will lose all power in the NIL case. So…NCAA, you need to rethink this and see if you REALLY want to pursue what may lead to your ultimate demise.

Would love a practicing attorney’s view on that.
Click to expand...
There are four factors that must be met to obtain a TRO. The party seeking the TRO must demonstrate that:

1) Irreparable harm will result in the absence of a TRO;
2) The harm caused to the non-seeking party will not be greater than the harm to the seeking party if the TRO is granted;
3) The seeking party is likely to succeed in its case on the merits;
4) The TRO is in the public interest.

The final one is a bit nebulous. But generally, when a judge grants or denies a TRO, he/she is going to address these four factors and whether or not the facts meet them or not in his/her analysis. So Judge Coker stating that the NCAA is not likely to succeed on the merits isn't necessarily the case of him going out of his way to take a shot across the bow at the NCAA or to make a statement. He's simply addressing one of the four factors. It's pretty standard.
 
  • Like
Reactions: Tman44 and feathersax
New posts
You must log in or register to reply here.

VN Store



Back
Top