I went to the Albert Osuna hearing today/ Osuna update

[Bigvalley84]

He wouldn’t have been without the temporary injunction.

Correct , Osuna left UNC out of eligibility and transferred to D2 Tampa and once the Pavia decision was granted he transferred to Tn in hopes of gaining another year of eligibility, he could have transferred to any D1 school but would have had to go through this same process to gain eligibility, Osuna could be eligible and playing at D2 Tampa had he stayed there

 

[chuckiepoo]

Correct , Osuna left UNC out of eligibility and transferred to D2 Tampa and once the Pavia decision was granted he transferred to Tn in hopes of gaining another year of eligibility, he could have transferred to any D1 school but would have had to go through this same process to gain eligibility, Osuna could be eligible and playing at D2 Tampa had he stayed there

The “…rest of the story.”! Thank you.

 

[savannahfan]

Sorry about that. Not sure what happened. I meant to ask he played one yr at jr or half year? I still don’t see how Pavia is getting another yr. Thanks!

I agree 100%. I wonder if this had been tried somewhere else, like say Alabama or Texas if the outcome would have been the same?

 

[Grnhead13]

Great write up of the events that took place yesterday in a place that is foreign to a lot of us when all the legal explanations start flying around, big thanks to you for taking the time to give us the important cliff notes version I know I needed to understand and not lose interest. I have a few questions and sure we would never really get an answer to them but maybe we will.

1) Do you think CTV and others thought it was really going to get to this point or that it was going to be a little more cut and dry?

2) Is this starting to become a distraction ? Not sure if CTV, Frank and Ensley were required to be there or if it was asked of them but it did pull them away from what I am assuming is a prep/travel day for upcoming weekend?, and if they were there voluntarily that is awesome to show support but could it get to the point where they are obligated to be there at a more inopportune time?

3) Who is fronting the legal bills ? if any.

4) Is this really about being able to play or is it just a money grab ? I ask because it really seems to be a talking point by his lawyer.

Food for thought I guess

to what should be a fun weekend of Vols Baseball

 

[preacherman20]

You also have to know that UT was his choice out of HS. Kirby played with him and he hoped that when he went to Walter State that it would be the step into UT but we were loaded at first at the time.

 

[taylorvol]

It’s interesting to think about the consequences if JUCO ends up NOT counting towards D1 5/4 (5 years to play 4 seasons), athletes would be eligible to play 6 seasons (2 in JUCO and 4 in D1).
This doesn’t count a redshirt year if the athlete qualifies, so they could spend 7 years in a given sport. It would be common to see 24 to 26 year old college athletes.

 

[TechnoVol]

You also have to know that UT was his choice out of HS. Kirby played with him and he hoped that when he went to Walter State that it would be the step into UT but we were loaded at first at the time.

Ironically, he instead went to UNC and hardly ever played 1B.

 

[Batman1948]

I’m pulling for Osuna but he took a huge risk transferring without being eligible

He played as a senior, so he was out of eligibility and that's why he's in court now, trying to get an extra year. He was out at UNC either way.

 

[TNBV]

Great write up of the events that took place yesterday in a place that is foreign to a lot of us when all the legal explanations start flying around, big thanks to you for taking the time to give us the important cliff notes version I know I needed to understand and not lose interest. I have a few questions and sure we would never really get an answer to them but maybe we will.

1) Do you think CTV and others thought it was really going to get to this point or that it was going to be a little more cut and dry?

2) Is this starting to become a distraction ? Not sure if CTV, Frank and Ensley were required to be there or if it was asked of them but it did pull them away from what I am assuming is a prep/travel day for upcoming weekend?, and if they were there voluntarily that is awesome to show support but could it get to the point where they are obligated to be there at a more inopportune time?

3) Who is fronting the legal bills ? if any.

4) Is this really about being able to play or is it just a money grab ? I ask because it really seems to be a talking point by his lawyer.

Food for thought I guess

to what should be a fun weekend of Vols Baseball

Not an attorney but I imagine that the lawyer is emphasizing the money because no one has a "right" to play college sports but everyone should be afforded the right to earn a living, or at least have the same access to the opportunity to earn a living. At least my understanding/opinion, and I believe that is the main basis for the original NIL rulings but I may be wrong.

 

[taylorvol]

Not an attorney but I imagine that the lawyer is emphasizing the money because no one has a "right" to play college sports but everyone should be afforded the right to earn a living, or at least have the same access to the opportunity to earn a living. At least my understanding/opinion, and I believe that is the main basis for the original NIL rulings but I may be wrong.

I think you’re right. The attorneys play up the antitrust and restraint of trade angles for smart reasons. There’s no NIL $ in JUCO.

 

[Ritzwatch]

I don't know if @Freak may want to merge or not.

I went to the Alberto Osuna hearing today. It lasted two hours. The courthouse is across the street from my office, so it was easy to attend. Other than the attorneys (and Osuna), the spectators were CTV, CFA, Hunter Ensley, Mike Wilson from the paper, and me.

Thanks for the report, RBF. I don't think I had realized who you were, exactly, before this post, but now I've got it. I used to have a relative in town who practiced in the same fields of law where you work.

Some day, I may actually make it to Forest City and we can swap some stories. I'd be interested in if you knew him.

Again, thanks for the update.

 

[theroyz71]

I’m pulling for Osuna but he took a huge risk transferring without being eligible

I don't see how he would have been eligible if he stayed at UNC either.

Never mind. I see someone posted that he would not have been eligible there either.

 

[mackievol]

Unfortunately this kids career is going to be over. We need to move on .

 

[GUNTERSVOL]

Just to add to the confusion. Are jucos part of the NCAA? If not why are they treated differently than post grad prep schools as far as eligibility?

ALSO…

Don’t like the Pavia decision, but like double standards even less.

 

[@1RBFjr]

Great write up of the events that took place yesterday in a place that is foreign to a lot of us when all the legal explanations start flying around, big thanks to you for taking the time to give us the important cliff notes version I know I needed to understand and not lose interest. I have a few questions and sure we would never really get an answer to them but maybe we will.

1) Do you think CTV and others thought it was really going to get to this point or that it was going to be a little more cut and dry?

2) Is this starting to become a distraction ? Not sure if CTV, Frank and Ensley were required to be there or if it was asked of them but it did pull them away from what I am assuming is a prep/travel day for upcoming weekend?, and if they were there voluntarily that is awesome to show support but could it get to the point where they are obligated to be there at a more inopportune time?

3) Who is fronting the legal bills ? if any.

4) Is this really about being able to play or is it just a money grab ? I ask because it really seems to be a talking point by his lawyer.

Food for thought I guess

to what should be a fun weekend of Vols Baseball

I was working on a response earlier today, then there was some sort of internet hiccup and I lost the whole thing, so I started all over.

I’m just speculating on many of my responses, so I could be wholly wrong.

1. I think people knew that court was foreseeable— Pavia got his extra eligibility by going to court when he filed suit against the NCAA in November. I think there was great thought put into the Osuna situation and there was consultation with smart people early on. I'm guessing that Osuna started laying the groundwork by filing what he needed to file with the NCAA to see if first the NCAA would grant the eligibility without going to court.

Osuna’s lawyer did an excellent job laying out of the case and how Osuna should be granted eligibility. However, the NCAA attorney was no slouch.

2. I don’t know if it is a distraction or not. However I think it speaks volumes about CTV and CFA that they appeared to support Osuna. If that was my son in court, I would sincerely appreciate CTV and CFA being there for him, similar to being father figures. Going to court is nerve-wracking for many people.

Hunter Ensley was surely there for support as well. From the arguments, Hunter Ensley submitted an affidavit discussing how his NIL opportunities dramatically increased after making the great catch in Omaha, as mentioned in Mike Wilson's story. This NIL bump was woven in by Osuna's attorney that Osuna could be the next UT hero, thus impacting his ability to earn money from NIL, provided he gets eligibility to play at UT.

3. An educated guess is that Spyre (Vol Club) is involved. I've negotiated NIL (I'm on the student athlete's side) with that attorney for Spyre. He (and others in that firm) have spent untold hours representing Osuna, and I could tell it by observing yesterday with the polished presentation/argument. The attorney (and others in his firm) should be paid, IMO.

4. I don't know that calling it a money grab is accurate from the perspective of the legal arguments made. Yes, absolutely, money is involved. But money is one of Osuna's arguments: the NCAA is restraining/preventing me from earning money by not giving me eligibility. The ability or inability to earn NIL is a legitimate (legal) argument.

 

[@1RBFjr]

Thank you for posting!

If I understand correctly, it seems the doors it would open as a precedent are worthy of sober-minded consideration, even by Tennessee-Osuna fans.

Yes, that's one of the NCAA's arguments.

 

[@1RBFjr]

I think you’re right. The attorneys play up the antitrust and restraint of trade angles for smart reasons. There’s no NIL $ in JUCO.

Yes, no NIL money in juco was argued in court.

 

[chuckiepoo]

Yes, no NIL money in juco was argued in court.

Wouldn’t “limited” NIL be more accurate?

 

[CAVPUT]

Just to add to the confusion. Are jucos part of the NCAA? If not why are they treated differently than post grad prep schools as far as eligibility?

ALSO…

Don’t like the Pavia decision, but like double standards even less.

Gotta think his intention to play at UT made the NCAA feel a little less than cooperative. Any other school, and I suspect things might have gone a bit differently. Yeah....BVS is strong with me.

 

[@1RBFjr]

Wouldn’t “limited” NIL be more accurate?

Compared to what one might get at UT, very limited would be even more accurate. I've seen juco games streamed online with maybe 20 people in the stands.

 

[taylorvol]

Just to add to the confusion. Are jucos part of the NCAA? If not why are they treated differently than post grad prep schools as far as eligibility?

ALSO…

Don’t like the Pavia decision, but like double standards even less.

JUCOs are not part of NCAA and the NCAA treating time spent at a JUCO differently than postgraduate school or a mission trip is one of Osuna’s attorneys arguments. Antitrust and restraint of trade being the primary arguments.

 

[@1RBFjr]

Gotta think his intention to play at UT made the NCAA feel a little less than cooperative. Any other school, and I suspect things might have gone a bit differently. Yeah....BVS is strong with me.

Respectfully, I don't think they're out to get UT. There was a discussion of other cases (that sounded similar) that the NCAA was defending elsewhere. There was also discussion of other denials.

 

[knoxvol52]

Did Osuna not get drafted by a MLB team?

 

[taylorvol]

Wouldn’t “limited” NIL be more accurate?

I’d be surprised if there’s any JUCO player receiving any material NIL $$$. However I suppose a deep pocketed alumni or local fan might want to support a JUCO team by helping attract players via NIL. OpenDorse provides a NiL platform for JUCOs.

NJCAA launches NIL Marketplace Powered by Opendorse

NJCAA launches NIL Marketplace Powered by Opendorse

njcaa.org

 

[vol66]

Did Osuna not get drafted by a MLB team?

By that point, Osuna had exhausted his NCAA D-I eligibility, which permits four seasons within five years. He entered the 2024 MLB draft but was not picked.

Tennessee Baseball Player Takes on NCAA in Latest Eligibility Case

Tennessee first baseman Alberto Osuna lost his bid for a temporary restraining order to play this spring but will have another shot later this month.

www.sportico.com