Category Archives: See You In Court

Today, in empty threats

If you didn’t hear, Brett McMurphy returned to the Ohio State beat, this time with a messy story that, at its heart, is about Zach Smith being Zach Smith, i.e., an asshole.  In response, you could hear the howling from Columbus half a continent away.

But the topper was this:

Talk about your “go ahead and make my day, punk” moment there.  I’m sure there’s nothing McMurphy would like more than to have Urban Meyer undergo discovery, where he’d have to answer questions about Zach Smith (among other things) under oath.  Yeah, like that’s ever gonna happen.

I imagine this will be a topic Corch will try to ignore at his next presser.  Meanwhile, Zach Smith is the gift that keeps giving.

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23 Comments

Filed under See You In Court, Urban Meyer Points and Stares

When you can’t show cause for your show cause

Not a good day for the NCAA.

One of the NCAA’s go-to sanctions is no longer legal in California.

Los Angeles County Superior Court Judge Frederick Shaller issued a final decision Tuesday finding the “show-cause” penalty the NCAA issued against former USC assistant football coach Todd McNair violated state law.

Shaller’s eight-page decision voided the show-cause provision of NCAA bylaws because it constituted an “unlawful restraint” on McNair’s pursuing a lawful profession.

“McNair’s ability to practice his profession as a college football coach has been restricted, if not preempted, not only in Los Angeles, but in every state in the country,” Shaller wrote.

The judge added that the decision would “allow NCAA and member schools to conform their conduct to the law and prevent future litigation.”

Gotta love a jurist with a sense of humor.  Or, more accurately, one who combines a sense of humor with a first-rate bullshit detector.

Last month, the NCAA filed a declaration from Pac-12 Commissioner Larry Scott warning that the judge’s tentative decision, if made final, could threaten the NCAA membership of all four of the conference’s California schools.

“If California law prevents institutions in that state from honoring such commitments, it is hard to see how the Pac-12’s Member Universities in California could continue to meet the requirements of NCAA membership,” Scott wrote.

The NCAA also filed a declaration from Big West Commissioner Dennis Farrell expressing concern that conference schools could no longer rely on the NCAA’s disciplinary mechanisms if the show-cause penalty wasn’t legal.

Shaller dismissed those concerns in a separate filing Tuesday.

“The opinions of these two witnesses are completely speculative and irrelevant to the issue …” Shaller wrote. “The proposed testimony of Scott and Farrell is deemed inadmissible and is not considered.”

But Larry Scott’s a genius! Just look at the size of his paycheck.

Oh, let the sputtering in Indianapolis commence.

In a statement, the NCAA said: “The NCAA disagrees with the court’s ruling, which is wrong as a matter of law and does not impact Todd McNair’s show-cause order that expired more than six years ago. We will explore all avenues for relief to ensure that NCAA member schools in California can continue to abide by the same rules as the rest of the NCAA’s membership.”

Good luck with that, fellas.  In the meantime, Hugh Freeze thinks he may have found his personal land of opportunity.

9 Comments

Filed under See You In Court, The NCAA

Thursday morning buffet

All part of college football’s rich pageant:

  • Peak Grantham“While Colorado State is less of a challenge than the Wildcats, Todd Grantham saw some positive improvements from his defensive unit.”  Does that include the Fightin’ Bobos’ 38 minutes of possession?
  • “At various points in the past three seasons, each of the top three teams in this week’s Amway Coaches Poll have leaned on a true freshman…”
  • “NCAA announces it will require schools to pay for tuition, fees and books for basketball players who leave after at least two years and want to return to their same school to get undergraduate degree.”  Why at least two years there?  Why do you think?
  • Classy gesture, kids:  “The North Carolina football team is helping with relief efforts following the devastation of Hurricane Florence by donating per diem allotments…”
  • Per Dave Matter, Mizzou’s best receiver has been nursing a groin injury and its best defensive back suffered a concussion against Purdue.  (Both are expected to play Saturday.)
  • Missouri’s running game should expect to receive Georgia’s defense’s best shot.
  • Larry Scott is all pissy about that California judge’s tentative ruling that show-cause order provisions in the NCAA bylaws violate California law.

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Filed under ACC Football, College Football, Gators, Gators..., Georgia Football, Pac-12 Football, SEC Football, See You In Court, The NCAA

Depends on whose antitrust ox is gored.

From the Alston trial, currently in its fifth day, comes this observation from the Chancellor of the University of Wisconsin:

I doubt coaches are paying much attention now, but if the day ever comes when the NCAA openly and actively lobbies for that antitrust exemption, it’ll sure be amusing to watch the light go on.

*************************************************************************

UPDATE:  Doubling down.

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Filed under It's Just Bidness, See You In Court, The NCAA

The NCAA gets its own show-cause order.

A California court has issued “a tentative decision” that the show-cause order provisions in the NCAA bylaws violate California law.

“[The show-cause order provisions] are void as they constitute an unlawful restraint on engaging in a lawful profession,” Judge Frederick Shaller wrote.

Shaller’s determination is part of the latest filing in former USC football assistant Todd McNair’s civil lawsuit vs. the NCAA. In May, a jury in Los Angeles voted 9-3 in favor of the NCAA following a three-week defamation trial stemming from McNair’s involvement in the Reggie Bush extra-benefits scandal. Two of the four other allegations in McNair’s suit have been dropped, leaving just the declaratory relief allegation to be resolved.

Shaller said that declaratory relief for McNair in this matter was appropriate, and in that ruling commented on show-cause penalties.

“McNair’s ability to practice his profession as a college football coach has been restricted, if not preempted, not only in Los Angeles and California, but in every state in the country,” he wrote.

The NCAA’s reaction was mild (“We look forward to the opportunity to provide our objections to the court per California trial rules.”), but it’s got to be shitting a few bricks as it ponders the ramifications.  If this order is finalized and affirmed on appeal, the state will become a haven for every coach you can think of who runs afoul of the NCAA.  It’ll become one giant Second Chance U.

Those are the consequences of overplaying your hand against an assistant coach who pissed you off.

4 Comments

Filed under See You In Court, The NCAA

The NCAA gets another bite at the apple.

Everybody is back in front of Judge Wilken today for another antitrust battle.

The NCAA is ready to stand its ground.

“As was demonstrated in the O’Bannon case, the NCAA will show that our rules are essential to providing educational opportunities to hundreds of thousands of student-athletes across the country,” NCAA general counsel Donald Remy said in a statement.

“We are proud that many student-athletes can receive a college education debt-free, access to resources that ensure greater academic success, and an experience that will pay dividends for a lifetime. Allowing paid professionals to replace student-athletes on college campuses would change the face of college sports as we know it.”

Two things there, Donald.  Student-athletes are already being paid and I didn’t notice any difference this past weekend. Also, don’t think I didn’t catch your “many student-athletes” qualifier there.  If the experience is everything for the NCAA, why aren’t all student-athletes receiving that debt-free?

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Filed under See You In Court, The NCAA

Thursday morning buffet

Num, num, num…

21 Comments

Filed under Georgia Football, It's Not Easy Being A Mid-Major, Jimmy Sexton is the Nick Saban of agents and is Nick Saban's agent, Media Punditry/Foibles, Recruiting, SEC Football, See You In Court, Strategery And Mechanics, The Body Is A Temple, What's Bet In Vegas Stays In Vegas