TRO Denied

#126
#126
VOL6479 said:
More or less what the judge meant. is you all are gonna win you don't need a restraining order.
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Pretty much.

He said no restraining order bc we couldn’t prove irreparable harm if it wasn’t granted. Judge said the plaintiffs likely succeed in their case and if the NCAA screws around we can can seek monetary compensation. Wasn’t a win for us but it sure as hell wasn’t a win for the ncaa.
 
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#127
#127
DaddyChad said:
Pretty much.

He said no restraining order bc we couldn’t prove irreparable harm if it wasn’t granted. Judge said the plaintiffs likely succeed in their case and if the NCAA screws around we can can seek monetary compensation. Wasn’t a win for us but it sure as hell wasn’t a win for the ncaa.
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Exactly. A couple of attorneys of my acquaintance says that a one week delay is unlikely to demonstrate irreparable harm. The judge decided that muddying the waters for a week wasn't worth the delaying motions/appeals that would have resulted.
This way, UT gets a more or less permanent decision in less than a week with less chance of a delay by the NCAA's attorneys.
 
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#131
#131
Volbrando said:
we really need more schools to join forces here... I just think they are afraid to

they need to understand the NCAA could be on their doorstep next snooping around
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Only the States are involved as it is now. An article outlining non-judicial avenues of attack shows USCjr, Clemson and others are working through their state governments to tackle the issue from their perspectives.

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#132
#132
VolDave53 said:
Only the States are involved as it is now. An article outlining non-judicial avenues of attack shows USCjr, Clemson and others are working through their state governments to tackle the issue from their perspectives.

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I would say that is the same angle UT took. They have way too much support from the TN government officials to have not had the conversations needed. It is likely UT will file suit also at some point.
 
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#133
#133
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#135
#135
VolDave53 said:
The measure passed in SC by 14-0.

www.tigernet.com

TNET: Dabo Swinney, more coaches advocate for

TNET: Dabo Swinney, more coaches advocate for
www.tigernet.com www.tigernet.com
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It was a committee vote, it was bipartisan, and it's likely to quickly pass a full vote of the state legislature.

One of the legislators on the committee joked that it was pretty obviously a good thing to do if "the cats and the dogs are sitting together supporting it".

(Obvious reference to Coach Swinney and Coach Beamer)
 
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#136
#136
CAVPUT said:
We'd better get the injunction or all bets are off. Even if we are successful with that, the threat/cloud will remain until the case runs it's course. This will absolutely impact our recruiting as well as lead to some very anxious times when the portal opens. We were just about through the impact of the Pruitt debacle and now this hits. Couldn't come at a worse time. This program just can't get a break.
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Calm down man. We’re going to come out of this smelling like a rose and looking like a knight in shining armor. The judge pretty much said we are going to win in court if the NCAA pursues that. Meanwhile, we have shown recruits we will fight for them and their right to earn money in their name, image, and likeness. Rivals can try to negative recruit against us, but these kids aren’t dumb. They know good and well the NCAA has no chance to win here.
 
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#137
#137
RockyTop140 said:
Calm down man. We’re going to come out of this smelling like a rose and looking like a knight in shining armor. The judge pretty much said we are going to win in court if the NCAA pursues that. Meanwhile, we have shown recruits we will fight for them and their right to earn money in their name, image, and likeness. Rivals can try to negative recruit against us, but these kids aren’t dumb. They know good and well the NCAA has no chance to win here.
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You’re right but you’re also somewhat wrong. Some kids are dumb. Hell look at Marrow at Kentucky; dude has been negative recruiting everyone with the racism angle for years. I don’t think it has that much of an effect bc of the transfer portal but the media and other teams are going to spread as much fear and doubt about Tennessee football as they can.

NCAA has already showed they’re willing to play dirty and try to turn the public against Tennessee as well.
 
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#138
#138
DaddyChad said:
You’re right but you’re also somewhat wrong. Some kids are dumb. Hell look at Marrow at Kentucky; dude has been negative recruiting everyone with the racism angle for years. I don’t think it has that much of an effect bc of the transfer portal but the media and other teams are going to spread as much fear and doubt about Tennessee football as they can.

NCAA has already showed they’re willing to play dirty and try to turn the public against Tennessee as well.
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Honestly, I'm more worried about the parents in cases like this. They'll be more focused on protecting the kids future and might want to err on the side of caution. Might see things as being safer and more known at a program not constantly in the NCAAs cross hairs. Either way, the sooner this fecal storm ends, the better.
 
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#139
#139
DaddyChad said:
You can sue for almost anything. I’m not sure it will matter at the end of the day. NCAA may not even be an entity in a couple of years.
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I sat on a Circuit Court jury years ago where an old country lawyer in Nashville who used the old dialect my mother used where it was soft "R"s (dahlas = $s) and such instructed us that anyone at any time could "suirve suh papus"/serve sue papers for anything they want for any amount they want. He let that sink in for a few seconds and then said the trick was proving and winning your case in court. He then devastated the other side and their witnesses to the point we awarded them zero. If the NCAA keeps pushing this they'll reach their termination point quicker in my opinion. I see less and less reason the entity of the NCAA gets a paycheck from collegiate sports.
 
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#141
#141
CAVPUT said:
Since this is your world, I'll defer to your opinion, but without the injunction, I can see the NCAA going full speed ahead on making Nico ineligible for next season. They won't need a long, drawn out investigation on this one. That being the case, I'd have to wonder if Nico and his family will hang or maybe hit the portal? Hard to "prove" damages in recruiting or portal departures so even if we win, the "damage" we fans see will be a moot point in a court room, no? So even if we win, we still lose...at least that's how it looks to me. From my perspective, the injunction is a must. Without it, everything we've pointed to by signing Nico has the potential to go up in smoke.
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If the NCAA attempted to do that it would be a situation of them causing harm to Nico's earning potential and the TRO/Injunction would be granted.
 
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#142
#142
It seems like fans and followers of this case need a background in law to follow all the moving parts.
 
#143
#143
overseasorange2 said:
The more I hear about this from the media, the more it sounds like this is not going to be the "Slam Dunk Case against the NCAA" allot of people initially thought it was going to be.:( And yes I am concerned about losing Nico. I know that would take allot of bad luck, but when is the last time UT football had any good luck?
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I'd recommend you pay much more attention to the Federal Judge presiding over the case who essentially just told the NCAA they're going to lose in all probability.
 
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#144
#144
Nobody on here has a clue what’s going to happen. One thing is for sure this will drag on for months and will negatively affect our recruiting.
 
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#145
#145
DarkVolder said:
Nobody on here has a clue what’s going to happen. One thing is for sure this will drag on for months and will negatively affect our recruiting.
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No idea why it would negativity affect recruiting to see that Tennessee is actually fighting tooth and nail to assure their signees get the maximum NiL.
 
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#147
#147
DaddyChad said:
You’re right but you’re also somewhat wrong. Some kids are dumb. Hell look at Marrow at Kentucky; dude has been negative recruiting everyone with the racism angle for years. I don’t think it has that much of an effect bc of the transfer portal but the media and other teams are going to spread as much fear and doubt about Tennessee football as they can.

NCAA has already showed they’re willing to play dirty and try to turn the public against Tennessee as well.
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Most of the media reaction I’ve seen so far is on our side. That has to help. Finebaumb did have that “NIL Lawyer” come on and talk about how it wasn’t a slam dunk case. But that’s one of the only few times I’ve seen fear mongering from the media on this.

You’d have to hope between positive media reactions and our coaching staff recruits and families will not eliminate us.
 
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#149
#149
RockyTop140 said:
Most of the media reaction I’ve seen so far is on our side. That has to help. Finebaumb did have that “NIL Lawyer” come on and talk about how it wasn’t a slam dunk case. But that’s one of the only few times I’ve seen fear mongering from the media on this.

You’d have to hope between positive media reactions and our coaching staff recruits and families will not eliminate us.
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Finebaum thinks we will get the PRO, but he's covering his bases with a different opinion.
 
#150
#150
After re-reading the entirety of the judge's denial, I think the preliminary injunction will be denied, as well. He focuses heavily on the fact that any damages incurred would be monetary in nature and could be recouped. Therefore, the harm is not irreparable. I don't know that any of that analysis changes in a week. Perhaps so there will be a reputational harm element considered that wasn't considered with the TRO, given the relative duration of the pending litigation. We'll see.

I still think the Plaintiffs will prevail in the final outcome, but I have my doubts about the preliminary injunction being granted.
 
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