ADVERTISEMENT

Lawsuit targets NCAA transfer rule

I don’t get all the complaining and hand wringing. In fact, I do. Most of you guys are fine with the free market playing out in almost every walk of life. However, because you think you fall at a competitive disadvantage due to a lack of resources, you want a governing body to maintain concessions so you can compete. Sounds like you want an Affirmative Action system for sports. College Athletics will be fine. Just needs time to adjust to a new reality of doing things. That’s what makes all this complaining and talk of doom hilarious to me.


you nailed it.

They hypocrisy is over the top.

They hate the free market suddenly- when it's not benefitting them.
 
No reason for them to be employees. That won't happen. No real incentive for that.

The players- the talent- should be able to transfer as they see fit, and make money off their names, etc.

That's the free market. No reason why adults in college shouldn't be able to participate in the open free market.

The sport won't survive with the current set up. They're going to eventually end up employees. It's the only way to save the sport.
 
Not saying the current system is right. However, with your logical approach to this, it makes me think you are a lawyer. if you are, what do we tell clients all the time. We may want to work with the other side to settle this. Otherwise, the courts are going to settle it and no one will probably like the outcome. That is what we have in this current enviroment. However, all parties (Institutions, Players, fans) are still looking at each other as adversaries. If this all falls apart, we all lose. Yes the college game may fall, but you lose everything that took decades to build because parties don’t want to do the hard work to create a system that works for everyone. The world is not going to end if college kids make money to play a sport. The question should be how far are we willing to go and what the contractual obligations the players should have moving forward.

Good deduction, you and I work in the same worlds.

You are right that everyone needs to come together and create a solution because what's happening right now isn't going to naturally develop a solution. It's going to take Congress imo to actually fix it. But you're right, it's going to take those in charge of the schools and conferences to risk giving up the significant power they currently possess.
 
The sport won't survive with the current set up. They're going to eventually end up employees. It's the only way to save the sport.

They won't end up employees. The schools don't want that and the players don't either.

I think the sport will be fine.

The power is with the players now, as it should be given they put everything on the line. Hopefully, it stays that way and teams will adjust.
 
Last edited:
You guys do know that Judege Cavanaugh and Judge Coney Barrett (Trump appointees) were two votes that opened the door for NIL? You are way off if you are blaming the current state of College Football on liberals, the DOJ, or Joe Biden.
Yes indeed —God bless those two Supreme Court Justices! Their decisions in the NCAA case have enriched the lives of many high school and college athletes that would have never experienced such wealth. The families of those athletes have benefited greatly from the ruling by Cavanuagh and Barrett.
 
They won't end up employees. The schools don't want that and the players don't either.

I think the sport will be fine.

The power is with the players now, as it should be given they put everything on the line. Hopefully, it stays that way and teams will adjust.

Just can’t help yourself can you?

Never seen someone who would rather troll so hard than have an honest conversation.
 
  • Like
Reactions: Ward Jr
you nailed it.

They hypocrisy is over the top.

They hate the free market suddenly- when it's not benefitting them.

Dave, you throw around these terms like "free market" and "salary cap" as if you know what you're talking about. It's clear you haven't taken a finance or economics course in your life.

Other than the current college/NIL lunacy, please name another sport in the world that has no contracts, no salary caps, no transfer rules, and no collective bargaining agreements in place to promote an equal playing field?
 
Last edited:
  • Like
Reactions: cockofdawn
Dave, you throw around these terms like "free market" and "salary cap" as if you know what you're talking about. It's clear you haven't taken a finance or economics course in your life.

Other than the current college/NIL lunacy, please name another sport in the world that has no contracts, no salary caps, no transfer rules, and no collective bargaining agreements in place to promote an equal playing field?
THIS. If you're going to have a league where players are compensated like professionals, then you need to be treated like professionals with similar guardrails to regulate fair play. You can't have it both ways.
 
Last edited:
Ha. I do like that analogy but noncompete are enforced all of the time. Student-athletes don't have a traditional contract but rather the NLI. My point is that if you're going to have paying being paid to play football for any given team, that team the NLI situation is no longer that. It's a flipping contract just like any other contract and it should be subject to the same rules and regulations of traditional employment.
Just because there is a contract, doesn't mean it can be enforced if said contract is illegal. Murder is still illegal even though a hitman has a contract to take someone out.
 
Just because there is a contract, doesn't mean it can be enforced if said contract is illegal. Murder is still illegal even though a hitman has a contract to take someone out.

How would it be illegal and how would it be different than any contract a NFL player signs?

My point is that if they want to be treated like professionals, then contracts are part of the gig.

Otherwise, you're running a brothel versus a league.
 
  • Like
Reactions: cockofdawn
Just can’t help yourself can you?

Never seen someone who would rather troll so hard than have an honest conversation.

I don't think they will end up employees because the parties don't want that.

That's an honest post.
 
Just because there is a contract, doesn't mean it can be enforced if said contract is illegal. Murder is still illegal even though a hitman has a contract to take someone out.


Yep- and contracts are voided all the time- especially if the premise of the contract is deemed illegal by a judge.
 
  • Like
Reactions: GreatestCock
Yep- and contracts are voided all the time- especially if the premise of the contract is deemed illegal by a judge.

Thanks Gomer. And I never, ever thought contracts could be voided? You really are a wealth of information.

Let me know when you start seeing NFL contracts being voided en masse.
 
The NIL current offers college players to have all the perks of being a professional, while retaining all of the protection of being an amateur. It's ridiculous and it's vintage Gavin.
 
  • Like
Reactions: cockofdawn
Today, Tennessee filed a lawsuit against the NCAA regarding NIL. Virginia also joined them.

(In addition to the other lawsuit both states are involved in)

The lawsuit filed in the Eastern District of Tennessee seeks to undercut NCAA rules against recruiting inducements and claims the association is “enforcing rules that unfairly restrict how athletes can commercially use their name, image and likeness at a critical juncture in the recruiting calendar.”

“These anticompetitive restrictions violate the Sherman Act, harm the States and the welfare of their athletes, and should be declared unlawful and enjoined.”

Tennessee AG Jonathan Skrmetti and Virginia's Jason Miyares followed up by asking the court for a temporary restraining order and preliminary injunction by Feb. 6 that would prohibit the NCAA from enforcing NIL recruiting rules


“At Tennessee, we are always going to work to support our student-athletes’ rights and give them all the tools needed to succeed on and off the field,” Athletic Director Danny White stated “This is what strong leadership looks like!”

Tennessee Gov. Bill Lee also applauded the University of Tennessee for being “nothing but forthcoming with the NCAA."

“And I thank Chancellor Donde Plowman for taking a stand on behalf of all universities and student athletes,” Lee said in a statement.


 
Today, Tennessee filed a lawsuit against the NCAA regarding NIL. Virginia also joined them.

(In addition to the other lawsuit both states are involved in)

The lawsuit filed in the Eastern District of Tennessee seeks to undercut NCAA rules against recruiting inducements and claims the association is “enforcing rules that unfairly restrict how athletes can commercially use their name, image and likeness at a critical juncture in the recruiting calendar.”

“These anticompetitive restrictions violate the Sherman Act, harm the States and the welfare of their athletes, and should be declared unlawful and enjoined.”

Tennessee AG Jonathan Skrmetti and Virginia's Jason Miyares followed up by asking the court for a temporary restraining order and preliminary injunction by Feb. 6 that would prohibit the NCAA from enforcing NIL recruiting rules


“At Tennessee, we are always going to work to support our student-athletes’ rights and give them all the tools needed to succeed on and off the field,” Athletic Director Danny White stated “This is what strong leadership looks like!”

Tennessee Gov. Bill Lee also applauded the University of Tennessee for being “nothing but forthcoming with the NCAA."

“And I thank Chancellor Donde Plowman for taking a stand on behalf of all universities and student athletes,” Lee said in a statement.


Wonder if this has to do with the UT now under investigation for major NIL violations? I would believe so.

The NIL needs to be cleaned up. It's an obvious joke as it stands now. You can't just have a free-for-all like these states want for their schools. There needs to be a set of standards to regulate fair play unless you just want a carnival act. The NFL would not survive without guardrails for fair play and college football won't either.

 
  • Like
Reactions: Ward Jr
Wonder if this has to do with the UT now under investigation for major NIL violations? I would believe so.

The NIL needs to be cleaned up. It's an obvious joke as it stands now. You can't just have a free-for-all like these states want for their schools. There needs to be a set of standards to regulate fair play unless you just want a carnival act. The NFL would not survive without guardrails for fair play and college football won't either.


It has something to do with it but it looks like Tennessee was already ready to sue them anyway. Maybe they saw it coming.

I don't see how the NCAA can win this though- as I've said many times.

The Supreme Court wasn't pleased with the NCAA's stances when they lost 9-0.

Can't compare to to the NFL. NFL players have collective bargaining rights and are employees.

Regardless, one thing is clear: The players have the power and should. That's not going away.
 
  • Like
Reactions: turncock
Well, if the DOJ gets on it; you know it’ll be fuqd.

alright- pay attention

The DOJ is already on it- rightfully so. The DOJ has joined a number of states suing the NCAA- including Tennessee, West Virginia, Colorado, Ohio, Mississippi, etc..

and the DOJ almost always wins.

The NCAA is screwed unless they settle.
 
  • Haha
Reactions: ElectricalCock89
It has something to do with it but it looks like Tennessee was already ready to sue them anyway. Maybe they saw it coming.

I don't see how the NCAA can win this though- as I've said many times.

The Supreme Court wasn't pleased with the NCAA's stances when they lost 9-0.

Can't compare to to the NFL. NFL players have collective bargaining rights and are employees.

Regardless, one thing is clear: The players have the power and should. That's not going away.

It's not going away but it will eventually be modified for application of common sense once adults re-enter the room.

Just because the Supreme Court upholds or rules a certain way doesn't mean they agree the the global premise. They are obviously there to uphold the Law/Constitution. It's not necessarily a reflection of their desire.

Why exactly should the players "have the power" Dave? When did it become a right to play college sports? Please let me know when a player becomes the President of a College/University.
 
Last edited:
Wonder if this has to do with the UT now under investigation for major NIL violations? I would believe so.

The NIL needs to be cleaned up. It's an obvious joke as it stands now. You can't just have a free-for-all like these states want for their schools. There needs to be a set of standards to regulate fair play unless you just want a carnival act. The NFL would not survive without guardrails for fair play and college football won't either.


Of course. States are trying to leverage the situation as far as they can before intelligent people find their way in to clean things up. Competitive advantages have network effects which last well beyond the era of activity. Might as well maximize your magic carpet ride while you can. In UT's case, they are obviously trying to skirt sanctions.
 
alright- pay attention

The DOJ is already on it- rightfully so. The DOJ has joined a number of states suing the NCAA- including Tennessee, West Virginia, Colorado, Ohio, Mississippi, etc..

and the DOJ almost always wins.

The NCAA is screwed unless they settle.

Keep thinking.

 
  • Like
Reactions: cockofdawn
It has something to do with it but it looks like Tennessee was already ready to sue them anyway. Maybe they saw it coming.

I don't see how the NCAA can win this though- as I've said many times.

The Supreme Court wasn't pleased with the NCAA's stances when they lost 9-0.

Can't compare to to the NFL. NFL players have collective bargaining rights and are employees.

Regardless, one thing is clear: The players have the power and should. That's not going away.
"Regardless, one thing is clear: The players have the power and should. That's not going away."

Maybe so. And as soon as the "players" start providing training facilities and venues, schedules, oversight, officials rules etc., then it will be and they can have their game. Up until that time, the colleges ie the NCAA have the game, and if you want to play it, you play by our rules. It has worked for a long time, not perfect, but a heck of a lot better than the chaos that we are seeing now. If it is not changed, there will be nothing left in a few years. That's OK too, I guess, I will get used to that as I have with other sports that have been taken away. Being an amateur athlete used to have a special meaning.
 
  • Like
Reactions: turncock
It has something to do with it but it looks like Tennessee was already ready to sue them anyway. Maybe they saw it coming.

I don't see how the NCAA can win this though- as I've said many times.

The Supreme Court wasn't pleased with the NCAA's stances when they lost 9-0.

Can't compare to to the NFL. NFL players have collective bargaining rights and are employees.

Regardless, one thing is clear: The players have the power and should. That's not going away.
Why can't you compare it to the NFL though? Isn't this one of the big issues? If you're going to be paid like a professional, you can't hide behind the amateur status anymore and there needs to be guardrails put in place. This and the no-wait portal are what Saban, Swinney, Smart, and many others have been complaining about.
 
  • Like
Reactions: cockofdawn
Why can't you compare it to the NFL though? Isn't this one of the big issues? If you're going to be paid like a professional, you can't hide behind the amateur status anymore and there needs to be guardrails put in place. This and the no-wait portal are what Saban, Swinney, Smart, and many others have been complaining about.


There are guardrails- but they can't limit what a player can earn or where the player can play.

A player can't join the team in mid-October, and then leave for another school and play there next week.

It will work out- but it's not going to by anything like before. The players are going to have a lot more power- and should.
 
There are guardrails- but they can't limit what a player can earn or where the player can play.

A player can't join the team in mid-October, and then leave for another school and play there next week.

It will work out- but it's not going to by anything like before. The players are going to have a lot more power- and should.

By your own definition, there are no guardrails to protect the integrity of the sport, fair play among teams, and equitable compensation among teammates.

Again, you can't hide behind amateur status in this scenario.....to expect to be paid like employees via school collectives and not be considered employees. How many Americans have made under $50K a year while their employers got rich off of their sweat labor? How many schools have made boatloads of money off of student-driven inventions (engineering tanks, etc.) where the students receives $10 an hour? Why exactly is this any different?

Those cheering on these actions typically have little to no interest college football and will never contribute to a collective. It's all about their virtue high. It's no different than those cheering on the open border, yet wanting nothing to do with housing those individuals or having them in their communities.

The class-action lawsuit against the NCAA is by blood-thirsty ambulance chasers. It was set in motion by a lousy law, signed by a lousy governor, and pushed through by a lousy judge. Now they want to apply it retroactively. If they win, the bulk of the money will inevitability end up in the lawyer pockets while any participants get pennies on the dollar.
 
By your own definition, there are no guardrails to protect the integrity of the sport, fair play among teams, and equitable compensation among teammates.

Again, you can't hide behind amateur status in this scenario.....to expect to be paid like employees via school collectives and not be considered employees. How many Americans have made under $50K a year while their employers got rich off of their sweat labor? How many schools have made boatloads of money off of student-driven inventions (engineering tanks, etc.) where the students receives $10 an hour? Why exactly is this any different?

Those cheering on these actions typically have little to no interest college football and will never contribute to a collective. It's all about their virtue high. It's no different than those cheering on the open border, yet wanting nothing to do with housing those individuals or having them in their communities.

The class-action lawsuit against the NCAA is by blood-thirsty ambulance chasers. It was set in motion by a lousy law, signed by a lousy governor, and pushed through by a lousy judge. Now they want to apply it retroactively. If they win, the bulk of the money will inevitability end up in the lawyer pockets while any participants get pennies on the dollar.
Agree. I don't even understand the argument if you're having school collectives pay for players. It doesn't fit the definition of an independent contractor either. If you're on the payroll, you're on the payroll.
 
Maybe so. And as soon as the "players" start providing training facilities and venues, schedules, oversight, officials rules etc., then it will be and they can have their game. Up until that time, the colleges ie the NCAA have the game, and if you want to play it, you play by our rules.

That's unreasonable. I don't think any judge will buy that line of reasoning. The Supreme Court justices, in their decision, sure don't. If one followed that to its logical conclusion, then the players would have no power at all - ever- and players aren't going to put up with that anymore and I don't think most coaches or schools will either. The worm has turned.

If it is not changed, there will be nothing left in a few years. That's OK too, I guess, I will get used to that as I have with other sports that have been taken away. Being an amateur athlete used to have a special meaning.

I don't think that's true. College football seems quite popular. Coaches are making more than ever before.

The days where college players (adults) don't get paid, and don't earn money based on sponsorships are over and are never coming back - thankfully.

I'm excited about the lawsuits.
 
Last edited:
I'm excited about the lawsuits.

Of course. You leap at any opportunity for a wild-eyed hayride with Karens.

The worm turning will be a regime change and order delivered back in our legal system.

It's coming Dave. But you enjoy it while it lasts.
 
Last edited:
  • Like
Reactions: FORKCOCK
Agree. I don't even understand the argument if you're having school collectives pay for players. It doesn't fit the definition of an independent contractor either. If you're on the payroll, you're on the payroll.

“The NCAA’s business model would be flatly illegal in almost any other industry in America. Among other things, the NCAA “controls the market for college athletes;” it “concedes that its compensation rules set the price of student athlete labor at a below-market rate”; and it “recognizes that student athletes currently have no meaningful ability to negotiate with the NCAA over the compensation rules.

That’s exactly the sort of iron grip over pricing that antitrust laws are supposed to prevent."

_ Judge Brett Kavanaugh in NCAA V. Alston.


Judge Neil Gorsuch added that he isn't inclined to agree with the NCAA that paying players will cause any harm to competition. He wrote, “nobody questions that Division I basketball and FBS football can proceed (and have proceeded) without the education-related compensation restrictions the district court enjoined; the games go on.”

Gorsuch then added that the NCAA has routinely changed their definition of "amateurism" and that he wasn't even sure what it meant anymore.

As I mentioned, the worm has turned.
 
“The NCAA’s business model would be flatly illegal in almost any other industry in America. Among other things, the NCAA “controls the market for college athletes;” it “concedes that its compensation rules set the price of student athlete labor at a below-market rate”; and it “recognizes that student athletes currently have no meaningful ability to negotiate with the NCAA over the compensation rules.

That’s exactly the sort of iron grip over pricing that antitrust laws are supposed to prevent."

_ Judge Brett Kavanaugh in NCAA V. Alston.


Judge Neil Gorsuch added that he isn't inclined to agree with the NCAA that paying players will cause any harm to competition. He wrote, “nobody questions that Division I basketball and FBS football can proceed (and have proceeded) without the education-related compensation restrictions the district court enjoined; the games go on.”

Gorsuch then added that the NCAA has routinely changed their definition of "amateurism" and that he wasn't even sure what it meant anymore.

As I mentioned, the worm has turned.

Gorsuch might just be as corrupt as the NCAA. Won't cause harm to competition? Is he drunk?

Everyone is fine with compensating players responsibly and with the intention of promoting equity.

Now let's hear their opinions on whether this removes the shield of amateurism. Can't have it both ways.

 
  • Like
Reactions: cockofdawn
“The NCAA’s business model would be flatly illegal in almost any other industry in America. Among other things, the NCAA “controls the market for college athletes;” it “concedes that its compensation rules set the price of student athlete labor at a below-market rate”; and it “recognizes that student athletes currently have no meaningful ability to negotiate with the NCAA over the compensation rules.

That’s exactly the sort of iron grip over pricing that antitrust laws are supposed to prevent."

_ Judge Brett Kavanaugh in NCAA V. Alston.


Judge Neil Gorsuch added that he isn't inclined to agree with the NCAA that paying players will cause any harm to competition. He wrote, “nobody questions that Division I basketball and FBS football can proceed (and have proceeded) without the education-related compensation restrictions the district court enjoined; the games go on.”

Gorsuch then added that the NCAA has routinely changed their definition of "amateurism" and that he wasn't even sure what it meant anymore.

As I mentioned, the worm has turned.
Judge Gorsuch's conclusion about competition is flat-out embarrassing. This is exactly why no one respects what's going on in DC anymore.

So if a team has $15 million or more a year to spend on players while another team that they face only has $3-5mil, that's not going to impact competition directly? A perfect example from just this year is FSU. They bought up a bunch of players who didn't give a damn about playing for the school beyond their paycheck. The short-term players then scatter and UGA proceeds to crush them like no team has ever been crushed in a bowl game. I'm glad Kirby Smart made a point to do that.
 
  • Like
Reactions: mikeypen
Judge Gorsuch's conclusion about competition is flat-out embarrassing. This is exactly why no one respects what's going on in DC anymore.

So if a team has $15 million or more a year to spend on players while another team that they face only has $3-5mil, that's not going to impact competition directly? A perfect example from just this year is FSU. They bought up a bunch of players who didn't give a damn about playing for the school beyond their paycheck. The short-term players then scatter and UGA proceeds to crush them like no team has ever been crushed in a bowl game. I'm glad Kirby Smart made a point to do that.


FSU players bailed in mass because of the snub. So I don't think that argument is that strong.
 
FSU players bailed in mass because of the snub. So I don't think that argument is that strong.
It was a mixed bag. Nonetheless, it demonstrated just how ridiculous the system is in its current form. Also, this has nothing to do with the fact that it creates very large and obvious competition imbalances.

When you have coaches from schools with access to large amounts of capital (Smart, Swinney) become the loudest critics of the system, that would indicate there's a huge problem.
 
It was a mixed bag. Nonetheless, it demonstrated just how ridiculous the system is in its current form. Also, this has nothing to do with the fact that it creates very large and obvious competition imbalances.

When you have coaches from schools with access to large amounts of capital (Smart, Swinney) become the loudest critics of the system, that would indicate there's a huge problem.

When it comes to college football or pretty much any men's sport, DeeDave fancies himself as the joker. He doesn't really understand or care about the game. He doesn't want to "give a dime" to the cause. He wants to troll the chaos and hope it burns while he hides behind the notion that he's in it for equality.

If he actually cared at all about equality, the players, the teams, and/or the sport itself -- he would be pushing for a equal playing field. You can be pro-compensation without being pro-idiot.
 
  • Like
Reactions: mikeypen
ADVERTISEMENT

Latest posts

ADVERTISEMENT