SDHoya
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Post by SDHoya on May 24, 2024 15:51:00 GMT -5
As I understand it, the Defendants in the House v. NCAA case are the NCAA along with the SEC, ACC, B10, B12 and PAC12. Yet, as part of the settlement, the Defendants are promising monies contractually promised as pay-outs to all of the other conferences under the NCAA umbrella--even though the other conferences are not named Defendants and apparently have had no input (or to the extent there was input, the lawsuit Defendants disregarded it) in the settlement.
So, my questions to the GU legal hive brain out there, particularly those who are experts in Federal Court Civil Procedure:
1. Assuming the non-P5 conferences agree to go along with the settlement, do they each also obtain the same release from the Plaintiffs? Would the complaint need to be amended to add the other conferences as Defendants in order for the court to approve the settlement?
2. Do the non-P5 conferences have a right to either object to the settlement, or to refuse to participate (even if that means that the Plaintiffs would preserve their rights/claims against the non-P5 conferences/schools?
3. If the non-P5 schools do not have a right to object or refuse to participate, could the non-P5 conferences/schools theoretically have legal claims against the NCAA and P5 for moving forward with the settlement without the non-P5's express buy in? As I understand it, by the terms of the settlement, the NCAA will make all of the back-pay payments to the Plaintiffs, but a portion of that will come from the NCAA reducing its distributions to each conference (including the non-P5s) by a set amount. Could the non-P5s turn around and sue the non-P5, saying that they are not party to any agreement which would reduce their distributions, and thus the NCAA doing so unilaterally amounts to breach of contract?
4. What are the chances all of this becomes moot anyways due to plaintiff opt outs? I assume the settlement agreement includes a provision that if some high enough percentage of plaintiffs choose to opt out of the settlement that the Defendants have the right to withdraw. Given there is a separate litigation going on in federal court in Colorado (Fontenot v. NCAA), it seems quite possible that a good portion of the putative class members may choose to opt out of the House case to see if the Fontenot plaintiff's counsel will negotiate a better deal.
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hoyarooter
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Post by hoyarooter on May 24, 2024 19:24:59 GMT -5
As I understand it, the Defendants in the House v. NCAA case are the NCAA along with the SEC, ACC, B10, B12 and PAC12. Yet, as part of the settlement, the Defendants are promising monies contractually promised as pay-outs to all of the other conferences under the NCAA umbrella--even though the other conferences are not named Defendants and apparently have had no input (or to the extent there was input, the lawsuit Defendants disregarded it) in the settlement. So, my questions to the GU legal hive brain out there, particularly those who are experts in Federal Court Civil Procedure: 1. Assuming the non-P5 conferences agree to go along with the settlement, do they each also obtain the same release from the Plaintiffs? Would the complaint need to be amended to add the other conferences as Defendants in order for the court to approve the settlement? 2. Do the non-P5 conferences have a right to either object to the settlement, or to refuse to participate (even if that means that the Plaintiffs would preserve their rights/claims against the non-P5 conferences/schools? 3. If the non-P5 schools do not have a right to object or refuse to participate, could the non-P5 conferences/schools theoretically have legal claims against the NCAA and P5 for moving forward with the settlement without the non-P5's express buy in? As I understand it, by the terms of the settlement, the NCAA will make all of the back-pay payments to the Plaintiffs, but a portion of that will come from the NCAA reducing its distributions to each conference (including the non-P5s) by a set amount. Could the non-P5s turn around and sue the non-P5, saying that they are not party to any agreement which would reduce their distributions, and thus the NCAA doing so unilaterally amounts to breach of contract? 4. What are the chances all of this becomes moot anyways due to plaintiff opt outs? I assume the settlement agreement includes a provision that if some high enough percentage of plaintiffs choose to opt out of the settlement that the Defendants have the right to withdraw. Given there is a separate litigation going on in federal court in Colorado (Fontenot v. NCAA), it seems quite possible that a good portion of the putative class members may choose to opt out of the House case to see if the Fontenot plaintiff's counsel will negotiate a better deal. I think these are all good questions, and I would add on to this that I have been reading that non-revenue or low revenue producing sports will likely suffer greatly from this, which leads to my question. What about Title IX? That's still the law, even if the Gang of 5 and the NCAA would like to forget about it and wish that it would disappear.
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DanMcQ
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Post by DanMcQ on May 25, 2024 9:38:09 GMT -5
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EtomicB
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Post by EtomicB on May 29, 2024 9:05:22 GMT -5
The bolded portion below is how I've felt since NIL was implemented, "value" is in the eye of the beholder.
The settlement terms prohibit recruits or current athletes from entering into any arrangement with a booster unless the deal can be expressly proven as a genuine agreement for use of the player’s likeness, Schwab said. If a booster owns a business, that booster and athletes must show that a deal is related to a “valid business purpose” with compensation that is similar to agreements with other individuals, documents say.
Deals must be “true NIL” and pay what is described as “fair market value,” something officials hope to determine based on disclosure data and other means.
The NCAA, Hibbs said, is fighting a losing battle — for the umpteenth time.
“Booster payments… you can never completely legislate that away,” Hibbs said. “If a booster owns a business, who's to say he doesn’t see value in this?”
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EtomicB
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Post by EtomicB on Jun 1, 2024 18:29:32 GMT -5
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prhoya
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Post by prhoya on Jun 1, 2024 18:40:21 GMT -5
GU should be a leader in international recruiting. We only need one or two players. Has Cooley ever recruited internationally?
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SSHoya
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Post by SSHoya on Jun 2, 2024 9:53:49 GMT -5
The college athlete isn’t the one who needs reminding he or she is a student. It’s the colleges that forgot — they’re the ones that ran so profiteeringly amok that they turned athletes into labor law case studies. Once you make that simple thought reversal, the NCAA’s mess becomes easier to sort out. It’s going to take an act of Congress to fix it, you bet. But what needs regulating is the conduct of the schools, not the kids. The major universities that control the NCAA became so untethered from behaviors befitting campuses that they are now lobbying, begging even, for antitrust protection from an endless cycle of billion-dollar settlements and court judgments that they provoked with their chronic commercial abuses of athletes’ rights. Without a federal shield, they contend, college athletics will be ungovernable. Fine. Grant a limited antitrust protection — but with caveats that force these power conference schools to stop behaving like strip miners. Drag them back to the realm of learning. www.washingtonpost.com/sports/2024/06/02/ncaa-future-nil-rules/
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madgesiq92
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Post by madgesiq92 on Jun 2, 2024 11:10:59 GMT -5
GU should be a leader in international recruiting. We only need one or two players. Has Cooley ever recruited internationally? No, but he is talking about bringing in an assistant who is responsible for European recruiting going forward
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EtomicB
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Post by EtomicB on Jun 2, 2024 11:23:47 GMT -5
GU should be a leader in international recruiting. We only need one or two players. Has Cooley ever recruited internationally? No, but he is talking about bringing in an assistant who is responsible for European recruiting going forward Did he say European specifically or international recruiting?
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hoyaboya
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Post by hoyaboya on Jun 2, 2024 15:09:27 GMT -5
No, but he is talking about bringing in an assistant who is responsible for European recruiting going forward Did he say European specifically or international recruiting? Cooley says lots of things...many of which never come to fruition.
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jwp91
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Post by jwp91 on Jun 2, 2024 15:10:50 GMT -5
Did he say European specifically or international recruiting? Cooley says lots of things...many of which never come to fruition. That applies to 99% of us.
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traversb
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Post by traversb on Jun 4, 2024 13:06:45 GMT -5
Pictured here is the guy that could save Hoyas basketball and the current coach.
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DFW HOYA
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Post by DFW HOYA on Jun 4, 2024 13:23:19 GMT -5
Pictured here is the guy that could save Hoyas basketball and the current coach. Based on what?
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traversb
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Post by traversb on Jun 4, 2024 13:46:19 GMT -5
Pictured here is the guy that could save Hoyas basketball and the current coach. Based on what? I think the tweet is pretty self explanatory. It was a bit tongue in cheek since Cooley is being lauded as the one that will save Hoyas basketball.
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seaweed
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Post by seaweed on Jun 4, 2024 15:16:27 GMT -5
Did he say European specifically or international recruiting? Cooley says lots of things...many of which never come to fruition. You on the other hand have never been wrong
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hoyasaxa2003
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Post by hoyasaxa2003 on Jun 4, 2024 15:36:41 GMT -5
Cooley says lots of things...many of which never come to fruition. You on the other hand have never been wrong According to boya, Patrick Ewing was going to resign after the disastrous 0-20 season. Meanwhile, he never resigned, coached another disastrous season (and still didn't resign and indicated a desire to keep coaching days before he got fired), and instead is still getting paid to be our head coach because of DeGioia's horrible extension. More seriously, it is kind of ironic that there are some people who think Cooley isn't out there enough, and should be talking more and saying more things to the press. At the same time, others criticize him for saying things that are untrue. I actually don't think Cooley has said a whole lot beyond normal coach speak. Most of the things that people get upset over as not being true are things that were reported by Hilltop Hoops (like the transfers that did not happen) or other similar sources. As is typical, since the season ended, we haven't heard much if anything from the staff itself. Instead, we have mostly heard chatter from nameless people on the Internet who claim to know things that they may or may not actually know.
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hoyaguy
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Post by hoyaguy on Jun 4, 2024 15:53:03 GMT -5
GU should be a leader in international recruiting. We only need one or two players. Has Cooley ever recruited internationally? No, but he is talking about bringing in an assistant who is responsible for European recruiting going forward This should’ve happened earlier as a program even before Cooley. We do have an academic reputation abroad so why not use that as an advantage. And anyone that been around academies in soccer or basketball can tell you how effective they are compared to the AAU mess we have in the US. Sure Europe doesn’t have the wealth of raw talent but they get some of these kids as young as 6 years old (in soccer at least) and practically raise them to be devoted to the sport full time while still being able to attend university. There hasn’t been an American NBA MVP since what 2018? All three top candidates this year are internationals. Their structure is just more effective at producing quality players with far less personality and selfishness problems (egos still exist ofc). They know quite literally any day could be their last on the team and there are thousands who could replace them. Source: My friend who played AAU basketball and another who was in an academy in Spain for soccer that also had facilities for basketball. And to address an earlier topic: the G league isn’t popular because the NBA doesn’t want it to be. American leagues all want monopolies for every aspect of their leagues. The G league pay is terrible and barely promoted because it’s easier that way to control any potential talent for dirt cheap by pretending they all have a shot at the NBA. It’s the same for baseball, idk how anyone could say “farm team” and not have a bad taste in their mouth. If that talent bubbles perforated going to other countries and people could actually easily watch other leagues then the NBA loses their control. I personally really liked watched basketball in Spain, exciting game and phenomenal crowd.
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EtomicB
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Post by EtomicB on Jun 4, 2024 18:27:54 GMT -5
You on the other hand have never been wrong According to boya, Patrick Ewing was going to resign after the disastrous 0-20 season. Meanwhile, he never resigned, coached another disastrous season (and still didn't resign and indicated a desire to keep coaching days before he got fired), and instead is still getting paid to be our head coach because of DeGioia's horrible extension. More seriously, it is kind of ironic that there are some people who think Cooley isn't out there enough, and should be talking more and saying more things to the press. At the same time, others criticize him for saying things that are untrue. I actually don't think Cooley has said a whole lot beyond normal coach speak. Most of the things that people get upset over as not being true are things that were reported by Hilltop Hoops (like the transfers that did not happen) or other similar sources. As is typical, since the season ended, we haven't heard much if anything from the staff itself. Instead, we have mostly heard chatter from nameless people on the Internet who claim to know things that they may or may not actually know. For me this is the most sobering aspect of Cooley taking over the reins, my hope was that he’d get Gtown to adapt to him not the other way around..
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prhoya
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Post by prhoya on Jun 4, 2024 23:45:20 GMT -5
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DanMcQ
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Post by DanMcQ on Jun 5, 2024 2:27:24 GMT -5
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