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Judge says NCAA 'malicious' in USC investigation

Posted on 11/21/12 at 9:38 pm
Posted by ShopAtTarget
Member since Nov 2012
62 posts
Posted on 11/21/12 at 9:38 pm
LINK

quote:

LOS ANGELES (AP) -- The NCAA was ''malicious'' in its investigation of a former Southern California assistant football coach who was linked in a report to a scandal surrounding Heisman Trophy-winning tailback Reggie Bush, a judge said Wednesday. The NCAA's report on ethical breaches by Todd McNair was flawed, and the former coach has shown a probability he can win his defamation claims, Los Angeles Superior Court Judge Frederick Shaller said.
Posted by headboard banger
Dark side of the Moon
Member since Jan 2005
2955 posts
Posted on 11/21/12 at 9:41 pm to
Gee
Posted by Zamoro10
Member since Jul 2008
14743 posts
Posted on 11/21/12 at 9:45 pm to
quote:

The NCAA's report on ethical breaches by Todd McNair was flawed

quote:


he was convinced that the actions of NCAA investigators were ''over the top.''

quote:


''They wrote evidence the way they wanted it to be - that's malice,'' Broillet said.


Master of the obvious if you read the report.

quote:


'I think the public has a right to know,'' he said.


public doesn't care as long as it's not their program - as shown by the responses at the time toward USC - but it will affect all future programs.
This post was edited on 11/21/12 at 9:47 pm
Posted by sms151t
Polos, Porsches, Ponies..PROBATION
Member since Aug 2009
139840 posts
Posted on 11/21/12 at 9:47 pm to
People seem to forget that USC pays dues to be in this organization. So USC has no recourse they agreed to terms when joining.
Posted by Zamoro10
Member since Jul 2008
14743 posts
Posted on 11/21/12 at 9:53 pm to
Everyone has recourse if they're defamed...the NCAA report/sanctions relied upon labeling Todd McNair a liar and instead believing a ex-con promoter.

NCAA isn't immune from a Tort action.
Posted by sms151t
Polos, Porsches, Ponies..PROBATION
Member since Aug 2009
139840 posts
Posted on 11/21/12 at 9:58 pm to
quote:

NCAA isn't immune from a Tort action.


I think you are wrong because they have sovereign immunity and by signing the petition for membership you are giving them the immunity.
This post was edited on 11/21/12 at 9:59 pm
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
66927 posts
Posted on 11/21/12 at 10:02 pm to
Todd McNair can sue the shite out of the NCAA.

USC not so much.
Posted by RLDSC FAN
Rancho Cucamonga, CA
Member since Nov 2008
51577 posts
Posted on 11/21/12 at 10:09 pm to
Todd McNair is gonna get paid
Posted by Draconian Sanctions
Markey's bar
Member since Oct 2008
84856 posts
Posted on 11/21/12 at 10:26 pm to
Schools sued the NCAA over tv rights in the 80's....
Posted by ptra
Member since Nov 2006
1428 posts
Posted on 11/21/12 at 10:28 pm to
Educational background
Sep 1971 - May 1979 University of Southern California/ Loyola Law School
English LIterature; law degree, BA, JD


Posted by SDwhodat
Member since Apr 2007
2547 posts
Posted on 11/21/12 at 10:37 pm to
Let them unseal the record and you will likely change your tune. Oh wait , just like RG, they don't want the truth out on this one.
Posted by RLDSC FAN
Rancho Cucamonga, CA
Member since Nov 2008
51577 posts
Posted on 11/21/12 at 10:39 pm to
quote:

Educational background
Sep 1971 - May 1979 University of Southern California/ Loyola Law School
English LIterature; law degree, BA, JD


very surprising that the NCAA didn't ask the judge to recuse himself or move for a new judge in some fashion
Posted by RLDSC FAN
Rancho Cucamonga, CA
Member since Nov 2008
51577 posts
Posted on 11/21/12 at 10:40 pm to
quote:

Let them unseal the record and you will likely change your tune. Oh wait , just like RG, they don't want the truth out on this one.



exactly...the NCAA will do everything in their power to settle this out of court
Posted by sms151t
Polos, Porsches, Ponies..PROBATION
Member since Aug 2009
139840 posts
Posted on 11/21/12 at 10:58 pm to
That never went to court though. I believe they originally sued the networks then included the NCAA. They also were threatening to form own alliance.

It was UGA and OU as plaintiffs. That case is what basically allowed Fox and others to get into CFB broadcasting.

Plus this case is an administrative case as in rules of an organization you agreed to belong to not a money case from other parties. If I am reading it right.
This post was edited on 11/21/12 at 10:59 pm
Posted by Sophandros
Victoria Concordia Crescit
Member since Feb 2005
45218 posts
Posted on 11/22/12 at 6:41 am to
That's a coward's response
Posted by FalseProphet
Mecca
Member since Dec 2011
11707 posts
Posted on 11/22/12 at 6:44 am to
quote:

I think you are wrong because they have sovereign immunity and by signing the petition for membership you are giving them the immunity.


This has to be a joke, right? I refuse to believe that a person could ever be this dumb.
Posted by ToesOnTheNose213
The present
Member since Oct 2007
2028 posts
Posted on 11/22/12 at 9:43 am to
quote:

People seem to forget that USC pays dues to be in this organization. So USC has no recourse they agreed to terms when joining.


Wtf

Posted by bbrownso
Member since Mar 2008
8985 posts
Posted on 11/22/12 at 9:47 am to
quote:

I think you are wrong because they have sovereign immunity


The NCAA is a private organization and not a part of the federal or any state government. Therefore, it DOES NOT have sovereign immunity.
Posted by usc6158
Member since Feb 2008
35350 posts
Posted on 11/22/12 at 9:47 am to
quote:

Educational background
Sep 1971 - May 1979 University of Southern California/ Loyola Law School
English LIterature; law degree, BA, JD



Hilarious that the NCAA ended up with a USC alum judge. frick them.

McNair is about to make some bank so those records never seen the light of day.
Posted by Cdawg
TigerFred's Living Room
Member since Sep 2003
59498 posts
Posted on 11/22/12 at 9:48 am to
quote:

Todd McNair can sue the shite out of the NCAA.

sure he can. Ask Jackie Sherrill how his case is going against the NCAA for defamation.
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