TRO Denied

#152
#152
NighthawkVol said:
After re-reading the entirety of the judge's denial, I think the preliminary injunction will be denied, as well. He focuses heavily on the fact that any damages incurred would be monetary in nature and could be recouped. Therefore, the harm is not irreparable. I don't know that any of that analysis changes in a week. Perhaps so there will be a reputational harm element considered that wasn't considered with the TRO, given the relative duration of the pending litigation. We'll see.

I still think the Plaintiffs will prevail in the final outcome, but I have my doubts about the preliminary injunction being granted.
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seems like we went from positive about TRO to positive about injunction...

to hopeful...

to we gone win lawsuit...

goodness. this has to change. ncaa is archaic.
 
#153
#153
Jackcrevol said:
seems like we went from positive about TRO to positive about injunction...

to hopeful...

to we gone win lawsuit...

goodness. this has to change. ncaa is archaic.
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Nighthawk is right, though. The response is going to be wild, too, because I can tell from reading at various places that a lot of people mistakenly believe that:

- Thursday is the final decision in the AGs’ lawsuit (it isn’t);

- this lawsuit represents the entirety of our legal claims regarding potential NCAA allegations/sanctions (it doesn’t).
 
#154
#154
Jimmy Football said:
Nighthawk is right, though. The response is going to be wild, too, because I can tell from reading at various places that a lot of people mistakenly believe that:

- Thursday is the final decision in the AGs’ lawsuit (it isn’t);

- this lawsuit represents the entirety of our legal claims regarding potential NCAA allegations/sanctions (it doesn’t).
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the lawsuit is state of tennessee and virginia ag's versus ncaa.
 
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#157
#157
Jackcrevol said:
yes, was just restating the obvious, as people keep mistakenly saying 'UT is suing...after NCAA leaked investigation.'
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And I don’t blame people for not knowing. If I wasn’t wrapped up in it all day on this board, I’d probably be a bit confused also.
 
#158
#158
NighthawkVol said:
After re-reading the entirety of the judge's denial, I think the preliminary injunction will be denied, as well. He focuses heavily on the fact that any damages incurred would be monetary in nature and could be recouped. Therefore, the harm is not irreparable. I don't know that any of that analysis changes in a week. Perhaps so there will be a reputational harm element considered that wasn't considered with the TRO, given the relative duration of the pending litigation. We'll see.

I still think the Plaintiffs will prevail in the final outcome, but I have my doubts about the preliminary injunction being granted.
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I posted that as well. At this point, I don't think the NCAA has much to lose given the state of the game now and where it's headed. NIL, portal, super conferences, etc. No real need for those guys anymore. I really believe they'll throw caution to the wind and go scorched earth on this one. I'm no lawyer, but I don't see how you assess damages to a bad recruiting class or one that's not as good as expected or attributing kids hitting the portal to the threat of NCAA punishment. It's easy to argue they all just chased a better NIL deal. The NCAA is on the way out. We know it. They know it. Why not go thermonuclear on teams they've had in our crosshairs for years? I won't be surprised in the least to see Nico declared ineligible. Will he move on? Will he have company? What impact on recruiting?
 
#159
#159
NighthawkVol said:
After re-reading the entirety of the judge's denial, I think the preliminary injunction will be denied, as well. He focuses heavily on the fact that any damages incurred would be monetary in nature and could be recouped. Therefore, the harm is not irreparable. I don't know that any of that analysis changes in a week. Perhaps so there will be a reputational harm element considered that wasn't considered with the TRO, given the relative duration of the pending litigation. We'll see.

I still think the Plaintiffs will prevail in the final outcome, but I have my doubts about the preliminary injunction being granted.
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I really want this injunction because of the negative recruiting tactics that this NCAA action encourages and underwrites, but I don't have any opinion on what the judge is going to do.

Also, I couldn't find the judge's denial in full the other day. Do you have a link?
 
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#160
#160
Hubbs says that other than a PR slight, other states choosing not to join this wont have an effect on outcome. I just dont agree.
 
#162
#162
CAVPUT said:
I posted that as well. At this point, I don't think the NCAA has much to lose given the state of the game now and where it's headed. NIL, portal, super conferences, etc. No real need for those guys anymore. I really believe they'll throw caution to the wind and go scorched earth on this one. I'm no lawyer, but I don't see how you assess damages to a bad recruiting class or one that's not as good as expected or attributing kids hitting the portal to the threat of NCAA punishment. It's easy to argue they all just chased a better NIL deal. The NCAA is on the way out. We know it. They know it. Why not go thermonuclear on teams they've had in our crosshairs for years? I won't be surprised in the least to see Nico declared ineligible. Will he move on? Will he have company? What impact on recruiting?
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You really are into negativity, man.

No, Nico isn’t going to be ineligible. TN is going to win the lawsuit.

If the NCAA tries to rule Nico ineligible, THAT is a matter that can and will be enjoined, for the reasons stated above (irreparable harm).
 
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#163
#163
NighthawkVol said:
You really are into negativity, man.

No, Nico isn’t going to be ineligible. TN is going to win the lawsuit.

If the NCAA tries to rule Nico ineligible, THAT is a matter that can and will be enjoined, for the reasons stated above (irreparable harm).
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If the injunction is denied, the NCAA will be free to take steps to punish UT and perhaps, Nico. I expect the injunction to be denied.
 
#164
#164
CAVPUT said:
If the injunction is denied, the NCAA will be free to take steps to punish UT and perhaps, Nico. I expect the injunction to be denied.
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And then the lawsuit has injury, and there is the possibility of a further injunction being approved. I'm no lawyer, but I do know enough to know that in most cases you can't estimate future damages and sue/get legal action over that.

I don't understand the negativity. The NCAA can't, and won't, do anything that will stick.
 
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#165
#165
ButchPlz said:
And then the lawsuit has injury, and there is the possibility of a further injunction being approved. I'm no lawyer, but I do know enough to know that in most cases you can't estimate future damages and sue/get legal action over that.

I don't understand the negativity. The NCAA can't, and won't, do anything that will stick.
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Then why start this mess? Why was UT so quick with this legal action? I suspect they also felt that the NCAA would make Nico's eligibility an issue hence the request for the injunction. If we get one, they can't touch Nico until the case is concluded. That will likely lead to discussion and some form of settlement. If we fail to get the injunction, I suspect the actions that concerned UT will come to pass. Granted, this is all speculation, but I believe my concerns are valid. Hope we don't have to cross that bridge and I'm eating filet de crow.
 
#166
#166
CAVPUT said:
Then why start this mess? Why was UT so quick with this legal action? I suspect they also felt that the NCAA would make Nico's eligibility an issue hence the request for the injunction. If we get one, they can't touch Nico until the case is concluded. That will likely lead to discussion and some form of settlement. If we fail to get the injunction, I suspect the actions that concerned UT will come to pass. Granted, this is all speculation, but I believe my concerns are valid. Hope we don't have to cross that bridge and I'm eating filet de crow.
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UT and the AG were quick with the lawsuit because the NCAA was being uncooperative and agressive toward the institution, but that doesn't mean now that the cards are on the table they're going to be able to do anything.
 
#167
#167
CAVPUT said:
If the injunction is denied, the NCAA will be free to take steps to punish UT and perhaps, Nico. I expect the injunction to be denied.
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If the injunction is denied, it will be because the NCAA has satisfied the court that irreparable harm will not occur before final adjudication. They haven’t even submitted a notice of allegations.

If they commence such actions, plaintiffs can turn around and petition the court for an injunction (now that irreparable harm is imminent) and that would be granted. But none of that is going to happen because it would be a stupid move by the NCAA. They’re not going to do a damn thing until this matter is resolved.

Step off the ledge, man.
 
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#169
#169
brainvol said:
If we don't get the injunction, which is less likely since he didn't go with the TRO, the NCAA can charge us with the full barrage of weapons. The time to get into a full blown litigation on the Sherman Act would go way beyond 2024 to get completed. In the interim, without the injunction, the NCAA can essentially blow up our season. To say catastrophic is an understatement
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So irreparable harm and the university and the players affected sue the NCAA into oblivion in a civil trial. Your take would end up being a death blow to the NCAA and they know it. We are not getting a NOA at this point. The NCAA realizes they went too far in a game of chicken. Now they’re trying to walk everything down
 
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#170
#170
Volfansince1980 said:
So irreparable harm and the university and the players affected sue the NCAA into oblivion in a civil trial. Your take would end up being a death blow to the NCAA and they know it. We are not getting a NOA at this point. The NCAA realizes they went too far in a game of chicken. Now they’re trying to walk everything down
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And their lawyers appear to be idiots, so I'm not worried.
 
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