What?????--Book alleges UofL used escort services

The Pitino Banner?


  • Total voters
    0
  • Poll closed .

morgousky

Heisman
Sep 5, 2009
23,959
43,170
0
UofL absolutely can sue the NCAA.

I think people are confusing "can they sue" with "can they win the lawsuit".

In order to win the lawsuit UofL would have to show the NCAA violated their own rules. That's why it would be foolish to bring the complaint.

Not to mention they'd have to show a similar case that was ruled differently or less harsh. Anything else will be apples to anus comparisons, literally.

So, there is no other case to use as a platform for lawsuit. And there's no rules that the NCAA broke when they made their ruling. Case closed.

Everyone should keep in mind, louisville isnt the only player here with lawyers. The NCAA has a whole legal team that reviewed this from top to bottom and will be waiting to fight them every step.

The NCAA is now the enemy of our enemy, which means we're friends.
 
Jan 24, 2005
20,352
11,690
0
Not to mention they'd have to show a similar case that was ruled differently or less harsh. Anything else will be apples to anus comparisons, literally.

So, there is no other case to use as a platform for lawsuit. And there's no rules that the NCAA broke when they made their ruling. Case closed.

Everyone should keep in mind, louisville isnt the only player here with lawyers. The NCAA has a whole legal team that reviewed this from top to bottom and will be waiting to fight them every step.

The NCAA is now the enemy of our enemy, which means we're friends.
I have to disagree with the last part. The NCAA is still our enemy. They just happened to get this one right.
 

UKnCincy_rivals

All-Conference
Aug 2, 2008
3,504
4,024
0
They are a member of the NCAA and you can't sue yourself. Am I right? I know the State of Pennsylvania sued them but PSU didn't.

UL lacks the grounds to bring a successful lawsuit. They could file one, but the NCAA would be able to get it dismissed fairly easily.

Courts are very reticent to get involved in the issues of private organizations, so there's a fairly high bar for any school to clear in order to successfully convince a judge to allow a lawsuit to proceed.

The idea that UL could prevail over the NCAA in court on this case is a pipe dream.
 

JPScott

All-American
Sep 16, 2001
7,673
7,359
62
UL lacks the grounds to bring a successful lawsuit. They could file one, but the NCAA would be able to get it dismissed fairly easily.

Courts are very reticent to get involved in the issues of private organizations, so there's a fairly high bar for any school to clear in order to successfully convince a judge to allow a lawsuit to proceed.

The idea that UL could prevail over the NCAA in court on this case is a pipe dream.

I'd actually kind of like to see UL try and have the case dismissed by the courts.

The reason I say this is it seems pretty evident that UNC will sue (or at least is posturing to sue) in the event the NCAA brings the hammer to them.

Having UL's case dismissed will help bring home the point that UNC is making idle threats at this point.

If these schools are not willing to pay the price of their rule-breaking, they always have the option of dropping out of the NCAA and/or college athletics altogether.
 
  • Like
Reactions: NC Weasel

mebeblue2

Heisman
Dec 20, 2009
98,152
10,574
0
I'd actually kind of like to see UL try and have the case dismissed by the courts.

The reason I say this is it seems pretty evident that UNC will sue (or at least is posturing to sue) in the event the NCAA brings the hammer to them.

Having UL's case dismissed will help bring home the point that UNC is making idle threats at this point.

If these schools are not willing to pay the price of their rule-breaking, they always have the option of dropping out of the NCAA and/or college athletics altogether.

100% agree
some UL fans think that because UL got punished for having an assistant pay for sex parties using strippers that the P5 conferences will leave the NCAA
i am still laughing at that
 

UKnCincy_rivals

All-Conference
Aug 2, 2008
3,504
4,024
0
I'd actually kind of like to see UL try and have the case dismissed by the courts.

The reason I say this is it seems pretty evident that UNC will sue (or at least is posturing to sue) in the event the NCAA brings the hammer to them.

Having UL's case dismissed will help bring home the point that UNC is making idle threats at this point.

If these schools are not willing to pay the price of their rule-breaking, they always have the option of dropping out of the NCAA and/or college athletics altogether.

Only thing I'd say to that is this. While UNC would ultimately lose any lawsuit, they can make a much more compelling argument to avoid having the lawsuit tossed outright. Their response to the third NOA was pretty strong in that sense.

UL, on the other hand, has a snowball's chance in hell of successfully getting a judge to hear a lawsuit. They have no argument that the NCAA ignored by-laws, which is what they would need. They are arguing that the penalties were too severe. However, the by-laws give the COI a large amount of discretion so UL doesn't really have anything to leverage at this point.
 

JPScott

All-American
Sep 16, 2001
7,673
7,359
62
Only thing I'd say to that is this. While UNC would ultimately lose any lawsuit, they can make a much more compelling argument to avoid having the lawsuit tossed outright. Their response to the third NOA was pretty strong in that sense.

UL, on the other hand, has a snowball's chance in hell of successfully getting a judge to hear a lawsuit. They have no argument that the NCAA ignored by-laws, which is what they would need. They are arguing that the penalties were too severe. However, the by-laws give the COI a large amount of discretion so UL doesn't really have anything to leverage at this point.

I agree that UNC has more of a case than U of L would. That's why I think it would be useful to see U of L try to bring a suit, and get the case thrown out.

Anyway, I still think bringing suit is the last thing UNC should want to have happen and this is a smokescreen. I don't think they want anyone to go under oath.
 
Last edited:

BigBlueFanGA

Heisman
Jun 14, 2005
26,435
23,456
0
Only thing I'd say to that is this. While UNC would ultimately lose any lawsuit, they can make a much more compelling argument to avoid having the lawsuit tossed outright. Their response to the third NOA was pretty strong in that sense.

UL, on the other hand, has a snowball's chance in hell of successfully getting a judge to hear a lawsuit. They have no argument that the NCAA ignored by-laws, which is what they would need. They are arguing that the penalties were too severe. However, the by-laws give the COI a large amount of discretion so UL doesn't really have anything to leverage at this point.
I'm still confused. Has any school sued strictly over infractions/penalties? What grounds would a judge have to think he/she had a right to even review an infractions case? I understand athletes suing and the State in the Penn St situation but most everything else I found had some level of anti-trust tied to it.
 
  • Like
Reactions: Glenn's Take

_Rooster

Heisman
Jan 29, 2003
9,607
79,236
0
Time for another Big Red Minardi Bump!
 
  • Like
Reactions: hotelblue

morgousky

Heisman
Sep 5, 2009
23,959
43,170
0
I'm still confused. Has any school sued strictly over infractions/penalties? What grounds would a judge have to think he/she had a right to even review an infractions case? I understand athletes suing and the State in the Penn St situation but most everything else I found had some level of anti-trust tied to it.

There are no grounds for Louisville to sue the NCAA. Any talk of it is simple posturing. I'm not sure about a precedent case, but to my knowledge there has never been a single case brought before a court with even remotely similar circumstances; and since this is private, they'd have a high mountain to climb in order to actually pull something like that off so, It isn't happening.
 
  • Like
Reactions: BigBlueFanGA

UKnCincy_rivals

All-Conference
Aug 2, 2008
3,504
4,024
0
I'm still confused. Has any school sued strictly over infractions/penalties? What grounds would a judge have to think he/she had a right to even review an infractions case? I understand athletes suing and the State in the Penn St situation but most everything else I found had some level of anti-trust tied to it.

If in the process of punishing a school, the NCAA were to blantantly disregard its own established by-laws, then a school would have grounds to sue the NCAA.

Outside of that, judges are going to refuse to intervene. It is a VERY high bar that schools would have to clear in order to successfully sue the NCAA. There's nothing to stop a school from trying it, but there's very little chance of the lawsuit actually going anywhere.
 
  • Like
Reactions: BigBlueFanGA

Glenn's Take

Heisman
May 20, 2012
12,629
14,817
113
If in the process of punishing a school, the NCAA were to blantantly disregard its own established by-laws, then a school would have grounds to sue the NCAA.

Outside of that, judges are going to refuse to intervene. It is a VERY high bar that schools would have to clear in order to successfully sue the NCAA. There's nothing to stop a school from trying it, but there's very little chance of the lawsuit actually going anywhere.
Here is all I'm saying from what I remember when this came up in the past. As a member of the NCAA they can't sue themselves. The analogy I heard was that if I step on a rake in my back yard and break my leg I can't sue because I would be suing myself. Others seem to have more knowledge about it than me so I take them at there word but that what I seem to remember hearing and can't find anything other that OK and GA suing back in the 80's.
 

jc2010

All-Conference
May 13, 2008
4,592
4,367
62
Damn, I'd love to see this in court, give McGee immunity and make him squeal like a pig. Find out where the money came from, who else knew. Anybody think Uvel is going to let that happen?
 

UKnCincy_rivals

All-Conference
Aug 2, 2008
3,504
4,024
0
Here is all I'm saying from what I remember when this came up in the past. As a member of the NCAA they can't sue themselves. The analogy I heard was that if I step on a rake in my back yard and break my leg I can't sue because I would be suing myself. Others seem to have more knowledge about it than me so I take them at there word but that what I seem to remember hearing and can't find anything other that OK and GA suing back in the 80's.

It's not that type of relationship. Being a member of an association does not then mean that you are also the association. There is a difference.

If a third party sues the NCAA, the individual member institutions are not liable for any damages were the NCAA to lose. There is a difference between the association and its members.

This would be more like a member of a country club suing the country club over some disagreement. And courts generally don't get in the middle of that.
 

Glenn's Take

Heisman
May 20, 2012
12,629
14,817
113
It's not that type of relationship. Being a member of an association does not then mean that you are also the association. There is a difference.

If a third party sues the NCAA, the individual member institutions are not liable for any damages were the NCAA to lose. There is a difference between the association and its members.

This would be more like a member of a country club suing the country club over some disagreement. And courts generally don't get in the middle of that.
Cool man thanks. If you ever need any accounting advise let me know. I am much smarter with that.
 
Dec 12, 2007
68,157
14,860
0
UofL absolutely can sue the NCAA.

I think people are confusing "can they sue" with "can they win the lawsuit".

In order to win the lawsuit UofL would have to show the NCAA violated their own rules. That's why it would be foolish to bring the complaint.

According to Bilas, the NCAA violated every rule it's ever had in the UNCheat case. I'm sure he thinks the same about UL.
 

gojvc

All-American
Feb 5, 2005
28,744
7,273
0
Find out where the money came from, who else knew.
Where the money came from. THAT is the thing that I've wondered about all along. You know McGee didn't cough that up out of his own pocket. Somebody provided it and somebody signed off on that. I can't believe there hasn't been more talk about that aspect of it.
 

Mikey Likes It

All-Conference
Sep 9, 2007
11,247
3,776
0
Go ahead and sue. I look forward to the testimony every night on ESPN. The nation needs to know about Twills Thrills
 

JPScott

All-American
Sep 16, 2001
7,673
7,359
62
According to Bilas, the NCAA violated every rule it's ever had in the UNCheat case. I'm sure he thinks the same about UL.

Part of the newer friendlier NCAA is based on the concept that the school in question comes forward and is willing and able to self-investigate with honesty and forthrightness. The problem is that UNC has done anything and everything to minimize, misdirect and obfuscate at every turn, artificially hampering every 'so-called' investigation that has taken place.

For their part, the NCAA have been willing dupes, allowing UNC to coordinate and orchestrate what has largely been a farce. Even then, the watered down and limited Wainstein report has more than enough information to indict UNC. But never forget, the Wainstein report was limited ONLY to AFAM studies and he did little to no real digging into what the coaches and other athletic officials actually knew. There are plenty of other areas which have been deftly ignored by ONLY using the Wainstein report for the NCAA's consideration.

If UNC wants to claim that the NCAA didn't completely follow to the letter every protocol, then they can make that case. But the NCAA can, and should assert that UNC has been undermining the process the entire time, not just from the multiple failed investigations, the artifically limiting the Wainstein report to avoid other serious issues, the two-faced approach to SACS and the NCAA, the obvious delaying tactics and lame attempts at intimidation, propaganda and witness tampering etc.

Hopefully if this ever makes it to court, the NCAA will be able to demonstrate that it's UNC which has been subverting the process, and at the end of the day will do anything and everything to avoid taking responsibility for their own mistakes and paying for their misconduct.