You’ve gone and done pissed off the NCAA into counting a few chickens that haven’t hatched yet.
If the NCAA prevails in an lawsuit pertaining to the use of college athletes’ names and likenesses, it could take what it says is an usual (sic) step in anti-trust cases: It may try to recover millions of dollars in legal expenses from the plaintiffs’ lead law firm, the NCAA’s chief legal officer told USA TODAY Sports on Friday…
“Ordinarily, successful antitrust defendants do not recover fees. Here, the unfounded change in the theory may result in the NCAA seeking its fees from the Hausfeld firm,” NCAA executive vice president and general counsel Donald Remy said via e-mail.
Shockingly, plaintiff’s counsel had no response. I guess that means they’re not dismissing their claim.
I think the NCAA has brought in Jackie Chiles for advice on bluster and balderdash.
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“Who told you to recover those fees? I didn’t tell you to recover those fees!”
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Not having been a litigator but if the Judge and the appeals courts all rule you have a cause of action doesn’t that just about screw the NCAA claims???
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+1. There is a bonafide controversy here, which precludes the imposition of attorney fees. There are some exceptions but none that would apply here, IMHO.
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What foul deed has occurred that would pressure the NCAA to countersue? The fact that they were sued? They have many lawsuits according to the NCAA, so why this one. It certainly smacks of a threat and revenge. Guess small minds can take over large corporations….Ooops!….organizations. ….as well as small groups
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I guess the NCAA really just can’t help itself from looking stupid and making asses of themselves. Their chances of success on a Rule 11 motion are less than the Senator’s GPA!
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The NCAA must be threatening Rule 11 crap for PR purposes. No litigator over 6 months out of law school would make that threat, or take it, seriously. Even less so when the causes of action have survived pretrial motions and appeal. But, who or whom do they think they’re influencing?
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Posturing for Posterity.
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So true. Donald, like Sally Struthers (and Brian Kelly), cares for the children, one likeness at a time, for little as 70 cents a day
“What drew me to the NCAA was its commitment to student athletes,” Remy said. “Since I’ve been here, I do see a commitment to making the right decisions in a way that’s meaningful.”
http://www.theindianalawyer.com/ncaas-point-man/PARAMS/article/30139
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