TRO Denied

[TheVolsFrog]

None of this matters. Why even post it?

I guess he's saying since TN/VA is suing the NCAA and this judge is in TN & went to school in VA he should recuse himself.
NCAA will probably be dumb and push it to the SCOTUS and get their pee pee slap again but this time they may not recover.
Last time they lost by a unanimous decision in their case and when is the last time the SCOTUS had all the justices all rule together on a case.
That tells you all you need to know that the NCAA should tread lightly

 

[Woodlawn VOL]

Wow it seems our tune has changed. I thought we wanted the TRO.

Tune never changed most all that have any law experience said winning TRO would be tough to win. The judge reasons for us not winning TRO and what is likely to happen on the 13th have to be taken as very favorable for the plaintiffs and not too good at all for the NCAA.

 

[VAVol85]

What is this supposed to mean? Harms competition in what way?

What I find astounding in all this is how, apparently, the schools and the states want NIL in recruiting when
it adds serious complications to recruiting, creates jaded prospects and isn't going to be advantageous for anybody. Some people
apparently think it will be advantageous--but I'd be curious to hear how.

Harms competition for the recruit’s services thus compromising his ability to get full value.

NIL is a fact because the Supreme Court said so. Given that fact, schools and states don’t want the NCAA arbitrarily punishing people for violating shifting and obscure rules.

 

[oUTraged]

I may have missed it, but what is Virginia's involvement in this case?

 

[Dadof2Vols]

Sherman burned Atlanta to the ground!!!
NCAA is next on the list. Anybody got a light? Asking for uncle Sherman.

 

[cgrish]

TRO's are hard to win. I won one last summer but I had great facts on every element, especially immediate irreparable harm. That was what was missing here. We will probably win at the injunction hearing stage.

Am I understanding it like, because feb 13th date, that from now till the 13th no harm to them and the 13th we have a good case?

 

[UTK]

Irrelevant lmao.

 

[supersmo18]

Not good.

I mean did you read the whole article or just the title and post it? We are likely to succeed, spoken from the judge’s own mouth.

 

[volfanhill]

Not good.

 

[Gandalf]

This is merely the first battle in a long war.

This is hardly even a skirmish. Judge is forecasting that NCAA better come loaded because he sees this going our way in the first real battle.

 

[TheVolsFrog]

I wish they'd stream this case next week. I'd like to watch/listen to it

 

[orange parmejohn]

If we don't get the injunction, which is less likely since he didn't go with the TRO, the NCAA can charge us with the full barrage of weapons. The time to get into a full blown litigation on the Sherman Act would go way beyond 2024 to get completed. In the interim, without the injunction, the NCAA can essentially blow up our season. To say catastrophic is an understatement

I’m no expert but if I’m a recruit, I want to hear from the school that is standing up to the big bad wolf on my behalf.

 

[BigOrangeTrain]

Wow it seems our tune has changed. I thought we wanted the TRO.

We did technically but it’s not that big of a deal. It was always gonna be a long shot. This really doesn’t change anything.

 

[BigOrangeTrain]

If we don't get the injunction, which is less likely since he didn't go with the TRO, the NCAA can charge us with the full barrage of weapons. The time to get into a full blown litigation on the Sherman Act would go way beyond 2024 to get completed. In the interim, without the injunction, the NCAA can essentially blow up our season. To say catastrophic is an understatement

They can charge us all they want. The NCAA itself has said there are no rules for NIL. Calm down. The NCAA is on full desperation mode because they know they are doomed. They literally have no legal leg to stand on. The NCAA can do nothing to our season.

 

[BigOrangeTrain]

Why exactly?
You didn't read it, don't understand, or just a sad attempt at being edgy?

Sad attempt at being edgy.

 

[OrangeTsar]

No worries. It takes the NCAA years to do anything and they aren't going to issue any penalties while this thing is in court.

But other schools will still use the uncertainty in negative recruiting against us just like they did for the two years we were under the cloud of the Pruitt investigation. We need resolution sooner rather than later

 

[Special Ed]

I'd rather have a Permanent Restraining Order against the ncaa than a Temporary Restraining Order anyway.

 

[sonofUT62]

While Tennessee and Virginia aren't granted TRO, the Judge notes: "Considering the evidence currently before the Court, Plaintiffs are likely to succeed on the merits of their claim under the Sherman Act."

Would never have known this part in a million years from reading the ESPN article. They’re about to pee themselves over the thought of UT getting hammered.

 

[sonofUT62]

Why exactly?
You didn't read it, don't understand, or just a sad attempt at being edgy?

Considering the source…..probably all of the above.

 

[volfan102455]

First filing denied - second who knows? And regardless of who wins that one - you can bet it will proceed to the next step, then the next.

It is a money and power grab by all involved.

 

[cherokeeeVOL]

Yeah this is just the first step of many over the next couple years. It seems like it will drag on like everything the NCAA is ever involved with.

 

[LAVol1]

...the Judge wrote, “Considering the evidence currently before the Court, Plaintiffs are likely to succeed on the merits of their claim under the Sherman Act." Exactly what I was getting at. This is good.

Based on my limited experience in pre-trial proceedings, the judge is effectively telling the NCAA that if they pursue this in court, they are likely to lose. So they better resolve the issue before they go back to court and get slammed like Andy Kauffman by Jerry Lawler.

 

[Jackcrevol]

The justification for the denial is good for Tennessee. The judge said that the Plaintiffs failed to demonstate that failure to grant the TRO would result in irreparable harm. In other words, the meantime between now and the final adjudication wouldn't result in harm that couldn't be remedied by the final ruling.

He COULD have ruled that the TRO was denied because the Plaintiffs failed to demonstrate a likelihood of prevailing on the merits (another of the 4 requirements that must be met in order to grant a TRO). He did not do so. That tells me that the judge sees the Plaintiffs' likelihood of prevailing as being reasonably high and that a final ruling in the Plaintiffs' favor would provide them the necessary relief they seek.

Doesn't mean it's a foregone conclusion by any stretch, but it's a good sign.

Edit: I now see that the Judge wrote, “Considering the evidence currently before the Court, Plaintiffs are likely to succeed on the merits of their claim under the Sherman Act." Exactly what I was getting at. This is good.

somehow my BVS feels a nutkick incoming

 

[volfanhill]

But other schools will still use the uncertainty in negative recruiting against us just like they did for the two years we were under the cloud of the Pruitt investigation. We need resolution sooner rather than later

Not nearly as problematic with transfer rules as lax as they are now

 

[vols 30]

Wow it seems our tune has changed. I thought we wanted the TRO.

It's like when a 5 star recruit chooses another school. We didn't want him anyway