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re: This stupid Ole Miss / Rebel rags lawsuit
Posted on 6/16/17 at 8:40 pm to TOFTR
Posted on 6/16/17 at 8:40 pm to TOFTR
I appreciate your comments and insights into the background of the situation.
I really don't think anyone would expect the case to be finished before fhe NCAA committee makes its decision, but it may be that the plaintiffs hope to conduct discovery in a fairly quick manner. If the results of discovery are favorable, that would then be available to Ole Miss for use in its defense in an effort to influence the outcome regarding this aspect of the charges and head off disassociation, which as you have pointed out carries the potential of real harm to RR. But you may well be right that Ole Miss may not be thrilled with the suit. I would wonder if perhaps Ole Miss's lawyers were informally asked or at least informed before it was filed.
If the NCAA decision comes down badly for Ole Miss, and disassociation is required, that would likely happen long before the civil case is decided, and the damage will have been done. Even if RR ultimately wins the suit, if there is no opportunity to actually recover his losses, it is pretty much a Pyrrhic victory. I suppose he could try to sue the NCAA, but the grounds for that suit are possibly even less compelling than the current suit. Perhaps he could attempt to pressure the NCAA to rescind the decision to require disassociation at that point.
All in all it is just a strange situation, and if RR Is innocent, but the NCAA remains unconvinced, RR may still take a big hit with a strong possibility of no real remedy. If he can't prove his case, well, it looks like he made his bed.
I really don't think anyone would expect the case to be finished before fhe NCAA committee makes its decision, but it may be that the plaintiffs hope to conduct discovery in a fairly quick manner. If the results of discovery are favorable, that would then be available to Ole Miss for use in its defense in an effort to influence the outcome regarding this aspect of the charges and head off disassociation, which as you have pointed out carries the potential of real harm to RR. But you may well be right that Ole Miss may not be thrilled with the suit. I would wonder if perhaps Ole Miss's lawyers were informally asked or at least informed before it was filed.
If the NCAA decision comes down badly for Ole Miss, and disassociation is required, that would likely happen long before the civil case is decided, and the damage will have been done. Even if RR ultimately wins the suit, if there is no opportunity to actually recover his losses, it is pretty much a Pyrrhic victory. I suppose he could try to sue the NCAA, but the grounds for that suit are possibly even less compelling than the current suit. Perhaps he could attempt to pressure the NCAA to rescind the decision to require disassociation at that point.
All in all it is just a strange situation, and if RR Is innocent, but the NCAA remains unconvinced, RR may still take a big hit with a strong possibility of no real remedy. If he can't prove his case, well, it looks like he made his bed.
This post was edited on 6/16/17 at 8:41 pm
Posted on 6/16/17 at 10:47 pm to tigerinridgeland
Well yeah, anyone who brings suit and can't prove their case faces the various consequences of an unsuccessful suit. Ultimately, RR took a precautionary step to protect its assets. I'd be surprised if discovery finishes up at a time where Ole Miss could theoretically use it, plus it's a lot harder to control a narrative once things get through the steps of the legal process, and there are going to be a lot of facts that boil down to he said/she said. There are a lot of ways it can/will play out, but RR went with a proactive measure to protect its current business structure, and I can't fault them for that
This post was edited on 6/16/17 at 10:48 pm
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