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re: Can a group of fans sue LSU challenging the status of a player due to an arbitrary ruling
Posted on 10/22/18 at 3:28 am to JudgeHolden
Posted on 10/22/18 at 3:28 am to JudgeHolden
quote:
And my post said players.
When I posted I was answering the OP.
1
Posted on 10/22/18 at 3:30 am to Ted2010
If it’s an LLC you get the same result. And again, all you’d have to do is join a Louisiana resident to kill diversity.
Also, if it’s citizenship is governed by its membership, then you’ve got state actors. Hmmmm. Never thought of that. If all the members are state actors, is the SEC effectively a creation of a compact? This could get real interesting.
Also, if it’s citizenship is governed by its membership, then you’ve got state actors. Hmmmm. Never thought of that. If all the members are state actors, is the SEC effectively a creation of a compact? This could get real interesting.
Posted on 10/22/18 at 3:30 am to Ted2010
I’m much more interesting.
Posted on 10/22/18 at 3:31 am to JudgeHolden
And serious.
Posted on 10/22/18 at 3:36 am to JudgeHolden
To be an unincorporated association the confederation of members would have to exist for a reason other than profit.
It would be very interesting to see this tested actually. The SEC lawyers could argue they are not non-profit and of course the other side would argue it is. Would be very interesting.
It would be very interesting to see this tested actually. The SEC lawyers could argue they are not non-profit and of course the other side would argue it is. Would be very interesting.
This post was edited on 10/22/18 at 3:54 am
Posted on 10/22/18 at 3:38 am to Ted2010
How bout some 1983, claiming it’s acting under color of law? That would chill their shite in Bham.
Y’all are talking me into this.
Y’all are talking me into this.
This post was edited on 10/22/18 at 3:40 am
Posted on 10/22/18 at 3:40 am to JudgeHolden
Yeah, your statement is more interesting. I wonder if the players would even have standing since there is no irreparable harm to them; i.e. affecting their ability to play. Devin White could sue, but even his standing vis-a-vis damages and such could be challenged.
I'm just playinh Devil's Advocate here. I do appreciate the discussion. It is all very interesting.
I'm just playinh Devil's Advocate here. I do appreciate the discussion. It is all very interesting.
Posted on 10/22/18 at 3:42 am to JudgeHolden
quote:
How bout some 1983, claiming it’s acting under color of law? That would chill their shite in Bham.
Now you're really stretching things here.
But, a very clever and crafty lawyer could try to make that case. I don't think it would work, but would be an interesting test. But I don't think playing football rises to the level of civil rights or that the SEC could be claimed to be a enity of the government. I don't see how 1983 could really come into play and stick in this case. This post was edited on 10/22/18 at 3:55 am
Posted on 10/22/18 at 3:50 am to The Baker
quote:
explain why he’s wrong.
He's claiming (in earnest, I might add) that to challenge the conference's suspension, White would need to sue the SEC in federal court on a RICO claim (hands down the funniest part, Reddit is going to love this tomorrow), or in LA state court on a similar theory. He also apparently believes either of those can be successfully achieved in two weeks time.
1. The only real course of action would be to file for injunctive relief in whatever court in LA handles claims in equity. That particular complaint would be circulated amongst the clerks for a good laugh before being summarily denied on the elements.
2. To prevail on a civil RICO suit, he'd have to prove his suspension resulted from the SEC's engaging in a racket. What shall he use as evidence? Corndog conspiracy postings from this site? This would be 12(b)(6)'d or MSJ'd faster than the game is going to get out of hand next weekend. In an alternate universe where Morris Bart convinces White to proceed with this, it would be the single greatest gift that LSU ever gave other fanbases. The memes would last many generations.
3. Bringing civil suit under LA racketeering law, if even possible, would be disposed of in the same manner as above.
I mean you honestly couldn't sound more stupid if you tried.
edit: And oh yeah, whatever two-bit swamp donkey lawyer tried this would have their corndog tits counter-sued off
This post was edited on 10/22/18 at 4:41 am
Posted on 10/22/18 at 4:47 am to Ted2010
All you really want is the discovery.
And if you get even a little lucky, there will be deleted emails and texts. Even if there aren’t, dimes to donuts you will find damaging statements if you dig even a little.
And if you get even a little lucky, there will be deleted emails and texts. Even if there aren’t, dimes to donuts you will find damaging statements if you dig even a little.
Posted on 10/22/18 at 4:48 am to Mojave1864
You don’t practice in Louisiana, do you?
Posted on 10/22/18 at 4:55 am to Mojave1864
And you deliberately misread my post.
A good plaintiffs lawyer could get enormous publicity just for filing the suit. There is an ad war going on now in which they are spending millions for market share and brand recognition. For the price of a filing fee, you get months of publicity.
The point is not to get White reinstated. The point is to make the splash and get the discovery.
I’m sorry you are hidebound in your thinking. And you obviously know nothing about LA law. Lemme guess. You are insurance defense, right? Nursing homes? Vehicular collisions?
A good plaintiffs lawyer could get enormous publicity just for filing the suit. There is an ad war going on now in which they are spending millions for market share and brand recognition. For the price of a filing fee, you get months of publicity.
The point is not to get White reinstated. The point is to make the splash and get the discovery.
I’m sorry you are hidebound in your thinking. And you obviously know nothing about LA law. Lemme guess. You are insurance defense, right? Nursing homes? Vehicular collisions?
Posted on 10/22/18 at 5:06 am to JudgeHolden
quote:
All you really want is the discovery.
And if you get even a little lucky, there will be deleted emails and texts.
Hugh Freeze says hello.
Posted on 10/22/18 at 5:06 am to jimdog
STFU Jim and sit on a log wit yo dog
Posted on 10/22/18 at 5:16 am to scott2274
This is where we are:
1. OP asks if LSU (fans or otherwise) have a way of legally challenging the suspension
2. JudgeMoron answers sincerely, laying out a stunningly stupid strategy
3. JudgeMoron then says his thoughts on challenging this suspension have been misread, that his post is not addressing OP's question . . . but that he's really giving you the blueprint to get SEC records . . .
4. . . . to show what, that White's suspension is due to underhanded, criminal dealings by the SEC?
5. And that it would be a great idea for, if nothing else, marketing for plaintiff's lawyers??
He tried to sound smart and then somehow steered it back towards referee conspiracy theories. Oh this is too perfect.This post was edited on 10/22/18 at 5:19 am
Posted on 10/22/18 at 5:26 am to Mojave1864
FYI JudgeHolden was exposed a few months ago for being a fake lawyer
Posted on 10/22/18 at 5:50 am to texag7
quote:
FYI JudgeHolden was exposed a few months ago for being a fake lawyer
How so? He's not a lawyer?
Posted on 10/22/18 at 5:51 am to texag7
Please sue. So the rest of us have another reason to laugh at you imbeciles. 7su the gift that keeps on giving.
Posted on 10/22/18 at 6:03 am to Mojave1864
You are a huge dick, aren’t you?
And you obviously know very little law, and less still about the practice.
I change what I said. Your not even a lawyer. Yet you feel entitled to comment on areas well beyond your depth.
STTDB
And you obviously know very little law, and less still about the practice.
I change what I said. Your not even a lawyer. Yet you feel entitled to comment on areas well beyond your depth.
STTDB
Posted on 10/22/18 at 6:05 am to JudgeHolden
quote:
The suit would be by the affected player, and it would be under Civil RICO. You name Sankey, the SEC, and the replay official.
(No NFL bound player would or should do it. See Eric Reid.)
You’d need a friendly forum, that is, not Birmingham.
Since the actual replay official acted in the stadium, it’s possible you could make purely state law claims in state court and make them non removable. Alabama is part of the compact on interstate discovery, so it wouldn’t be hard to get subpoenas out.
There is an ad war going on for plaintiffs’ attorney market share. One of the players in that fight might consider this kind of suit to be smart, free publicity.
to;dr. It’s not out of the question.
Holy frick.
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