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re: Great analysis of the Maason Smith situation and NCAA incompetence
Posted on 8/26/23 at 12:56 pm to ClassActionJackson
Posted on 8/26/23 at 12:56 pm to ClassActionJackson
quote:
I don’t think standing would be difficult given previous ruling, kavanaugh’s concurrence and anti-trust, but agree getting an injunction and actually winning that case isn’t as clear.
quote:
ClassActionJackson
I should have known a lawyer would correct me when I used the word “standing.”
What I should have said is: I don’t think it’s correct to think this is an open-and-shut case.
You bring up a good point though - given Kavanaugh’s opinion in the Alston case it does seem that the door is open for Maason and/or LSU to bring a case in federal court, which could lead to NIL being further cemented. But when you consider the resources and time (potentially years) that it would take for that case to make its way through the courts, along with the fact that states and the NCAA have now legalized NIL, I’m not sure it’s worthwhile for Smith or LSU. By the time it got to resolution, Smith would be in the NFL anyway. At that point it’s just a distraction for him.
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