I have no clue about antitrust litigation (the only time you know a lawyer is telling the truth is when they say, "I don't know.") and have little class action lawsuit experience. However, a couple of things come to mind for those reading the post.
1) He is and was over 18 at all times. He will be treated as an adult. He can not claim ignorance as a defense. His tweet that he was going to transfer I think really hurts his case. His only defense to that admission may be undue pressure;
2) The one paragraph that was interesting was where it states that after consulting with the B10 and NCAA which indicates that NU actually exercised due diligence;
3) I bet all those schools who he alleges told him that he would play immediately if he transferred will be denied and his testimony about those conversations may be barred as hearsay since those entities/people are not a parties to the lawsuit. It may come in under some hearsay exception, but it will be hard;
4) The forgery allegation is the sex in the complaint which may serve as a basis for punitive damages;
5) Plaintiff has only quoted excerpts of correspondence. I highly doubt $ was offered; and
6) The first thing that will occur will be a motion to dismiss. It will be on the legitimacy of the whether this is an actionable cause of action and the inability to answer the allegations. This lawsuit will pay for college for children of the defense lawyers.
1. I think duress is exactly where is goes.
2. Ok.
3. Hearsay exception - or non-hearsay. Could be introduce not for proving the truth of the matter asserted, onlyo that it was said - and/or effect upon the listener.
4. The forgery part is also the weirdest part - right down to the exhibits.
5. I don't doubt anything at this point - but I think this could be the most damning if the NCAA picks it up.
6. Yup - I agree. Regardless of the merits of the extraneous allegations, I can see the suit being dismissed. But it has opened a door and I think the school and then the NCAA has an obligation to investigate. And the rules of law and evidence no longer apply.
I still am not sure what to think. I am among those angered by JV's actions - but I haven't walked in his shoes. It seems like he kept quiet for a long time - and I believed that NU must have had something over him to keep his mouth shut. Apparently, something cause JV to take this path this year. And he still is a 2o year old kid. I believe the blame starts with the adults the oversee a multi-million dollar program and mis-managed this situation. I suspect there will be plenty more blame to go around before this is over.
As aside, I don't think we have to worry about losing CCC for awhile - to Duke or anyone else. Until resolved, this will blacken his eye and turn away upward mobility.