Filing a lawsuit Against the NCAA

[Stallion]

a lot of tough talk from some tough guys on SMU boards especially one idiot that blames every problem at SMU in the last 30 years on Gerald Turner.

There is binding 5th Circuit Court of Appeals precedent-McCormack v NCAA- that the players, alumni, boosters and cheerleaders of SMU do not have standing to file a lawsuit on a cause of action owned by the university and even if they had had standing they failed to plead a cause of action. SMU isn't going to file a lawsuit against the NCAA because that would be STUPID. And there would be a torrent of negative, angry press directed right back at 10 time loser SMU. Appeal to the NCAA-take the punishment and move on.

see McCormack v NCAA

http://openjurist.org/845/f2d/1338

[RGV Pony]

And because smu never ever does anything stupid

[SMUstangs22]

a lot of tough talk from some tough guys on SMU boards especially one idiot that blames every problem at SMU in the last 30 years on Gerald Turner.

There is binding 5th Circuit Court of Appeals precedent-McCormack v NCAA- that the alumni, boosters and cheerleaders of SMU do not have standing to file a lawsuit on a cause of action owned by the university and even if they had had standing they failed to plead a cause of action. SMU isn't going to file a lawsuit against the NCAA because that would be STUPID. And there would be a torrent of negative, angry press directed right back at 10 time loser SMU. Appeal to the NCAA-take the punishment and move on.

see McCormack v NCAA

http://openjurist.org/845/f2d/1338

If we don't appeal then what?

[Bergermeister]

And because smu never ever does anything stupid

box o' chocolates

[Stallion]

Note that even though the NCAA found that the players, alumni, boosters and cheerleaders DID NOT have standing they took the rather unusual step of assuming for the sake of argument that they did. The 5th Circuit still found the Plaintiffs failed to plead a cause of action upon which relief could be granted

No trial-no standing, no cause of action-dismissed at the preliminary pleading stage. Courts rarely dismiss until the plaintiffs exhaust all attempts to plead a cause of action. Plaintiffs amended 2 times-still couldn't plead a cause of action.

This is binding 5th Circuit precedent folks and would have to be followed by all US District Courts in Texas unless some distinguishing factor is successful.

[PK]

a lot of tough talk from some tough guys on SMU boards especially one idiot that blames every problem at SMU in the last 30 years on Gerald Turner.

There is binding 5th Circuit Court of Appeals precedent-McCormack v NCAA- that the alumni, boosters and cheerleaders of SMU do not have standing to file a lawsuit on a cause of action owned by the university and even if they had had standing they failed to plead a cause of action. SMU isn't going to file a lawsuit against the NCAA because that would be STUPID. And there would be a torrent of negative, angry press directed right back at 10 time loser SMU. Appeal to the NCAA-take the punishment and move on.

see McCormack v NCAA

http://openjurist.org/845/f2d/1338

If we don't appeal then what?

He did not say don't appeal. He said a law suit by alumni, boosters and cheerleaders of SMU against the NCAA would be a waste of time.

[CalallenStang]

a lot of tough talk from some tough guys on SMU boards especially one idiot that blames every problem at SMU in the last 30 years on Gerald Turner.

There is binding 5th Circuit Court of Appeals precedent-McCormack v NCAA- that the alumni, boosters and cheerleaders of SMU do not have standing to file a lawsuit on a cause of action owned by the university and even if they had had standing they failed to plead a cause of action. SMU isn't going to file a lawsuit against the NCAA because that would be STUPID. And there would be a torrent of negative, angry press directed right back at 10 time loser SMU. Appeal to the NCAA-take the punishment and move on.

see McCormack v NCAA

http://openjurist.org/845/f2d/1338

If we don't appeal then what?

He did not say don't appeal. He said a law suit by alumni, boosters and cheerleaders of SMU against the NCAA would be a waste of time.

He didn't mention the band though

[Stallion]

Homecoming Queen?

[RGV Pony]

One of our swimming Bros?

[sadderbudweiser]

Peruna?

[PhantomPhi]

I hope SMU is not in this situation because they went cheap on the compliance training and staff.
If you go too cheap, the next thing you know, you are hiring Chinese calculus professors and contractors that break sewer lines. You can save a lot of money by not filing an appeal.

[RGV Pony]

They went overkill on compliance and staff

[PhantomPhi]

Did they hire quality or did they hire cheap?

[RGV Pony]

Ncaa seems to think highly of our compliance staff

[smusic 00]

Our compliance dept was highly lauded in the report. I suggest everyone take 20 minutes and read the whole thing.