Court Hearing on whether NIL rules can be legally enforced

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a court hearing was held Tuesday morning in Tennessee. The states of TN and Virginia are seeking an injunction to stop the NCAA from enforcing its NIL rules. more from US News & World Report:

A federal judge said Tuesday he will rule “in short order” on a preliminary injunction requested by the states of Tennessee and Virginia to stop the NCAA from enforcing its rules governing name, image and likeness compensation for athletes as part of an antitrust lawsuit.

U.S. District Judge Clifton Corker originally had a four-hour window blocked off for the hearing in Greeneville, Tennessee. The hearing for the states' request lasted less than 90 minutes.

Tennessee Attorney General Jonathan Skrmetti attended and spoke to reporters outside. He said in a prepared statement the NCAA’s “arbitrary and illegal rules” are keeping athletes from making important decisions.
“Meanwhile, everybody else involved in college sports is getting rich at those student-athletes’ expense,” Skrmetti said. “That is not legal, not right and it needs to change. Antitrust law in this area is clear, and as the Court has previously said, our case is likely to succeed on the merits. We are happy with the case’s progression and look forward to litigating it fully if necessary.”

Corker denied the states' request for a temporary restraining order last week, noting they failed to demonstrate recruits would be irreparably harmed if it was not granted. But he also wrote the states were “likely to succeed on the merits of their claim” under the Sherman Act.

The chancellor of the University of Tennessee revealed Jan. 30 in a scathing letter to the NCAA president that the organization was alleging the school violated NIL rules after a meeting a day earlier. Donde Plowman called it “intellectually dishonest” for NCAA staff to pursue infractions cases as if students have no NIL rights.

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so here's the deal - if the NCAA is prohibited from enforcing its NIL recruiting policies, then there would be literally no rules governing NIL offers. School X (let's call it Michigan for fun) could go to a player on MN's roster (maybe a RB named DT) and tell him flat-out "we'll give you $$$ to transfer to Michigan) and it would be perfectly legal. as screwed up as the current system is, this would put the current system on steroids.

According to a tweet from Adam Sparks (covers TN football), the Judge at the hearing asked NCAA attorney to explain NIL rules on what is and is not allowable on NIL offers to recruits - and the NCAA attorney struggled to explain the difference.
 

Just so it’s clear that there is absolutely zero moral motivation behind this lawsuit:

Tenn AG did this because UTenn was going to be hit by the NCAA for a NIL violation.


That’s where we’re at.

If the NCAA says they’re going to punish your school for a violation of a rule ….. just sue them.

What are they going to do??
 

Just so it’s clear that there is absolutely zero moral motivation behind this lawsuit:

Tenn AG did this because UTenn was going to be hit by the NCAA for a NIL violation.


That’s where we’re at.

If the NCAA says they’re going to punish your school for a violation of a rule ….. just sue them.

What are they going to do??
Back down most likely.
 

Zygi Wilf wants to personally offer Kirk Cousins a $100M NIL deal over the next two years. Has nothing to do with NFL salary or salary cap.

NFL says that’s against the rules

Vikings sue the NFL, say that’s a violation of antitrust laws.


Where did I go wrong????
 

Zygi Wilf wants to personally offer Kirk Cousins a $100M NIL deal over the next two years. Has nothing to do with NFL salary or salary cap.

NFL says that’s against the rules

Vikings sue the NFL, say that’s a violation of antitrust laws.


Where did I go wrong????

Still living in your mom's basement in your 30's?
 



Is this completed separate from the case about double transfer being violation of trying to enforce employment laws on non employees?
 

Zygi Wilf wants to personally offer Kirk Cousins a $100M NIL deal over the next two years. Has nothing to do with NFL salary or salary cap.

NFL says that’s against the rules

Vikings sue the NFL, say that’s a violation of antitrust laws.


Where did I go wrong????
You went wrong by ignoring the Collective Bargaining Agreement that both the NFL and NFLPA have agreed to.
 

Is this completed separate from the case about double transfer being violation of trying to enforce employment laws on non employees?
yup. that is an entirely separate case. I don't think the NCAA has enough lawyers to deal with all of the different court cases. A few examples (from Reuters)

Dec 7 (Reuters) - A group of states and star college athletes on Thursday lodged a pair of new antitrust lawsuits against the National Collegiate Athletic Association, ramping up legal pressure on the organization as it is already facing billions of dollars in potential liability over curbs on players.
A proposed class of college athletes sued in California court, to strike down all of the NCAA's rules that bar athletes from being compensated for their athletic roles.

Ohio and six other states, including New York, Illinois and North Carolina, separately sued the college sports governing body in West Virginia federal court over a student-transfer rule that can delay an athlete's eligibility to compete in games for a year.

The NCAA faces an array of student-athlete lawsuits over rules that include restrictions on compensation for the commercial use of some athletes' "name, image and likeness." Another case challenges the NCAA's rule that athletes must have "amateur" status.
 




If I was the NCAA, I’d just turn the lights off.

Go F yourselves. Run your own tournaments, set up your own rules, do whatever the F you want.


It’s not like it’s a for-profit organization. Nobody in Indy working at the NCAA is doing it to get rich.
 

Zygi Wilf wants to personally offer Kirk Cousins a $100M NIL deal over the next two years. Has nothing to do with NFL salary or salary cap.

NFL says that’s against the rules

Vikings sue the NFL, say that’s a violation of antitrust laws.


Where did I go wrong????
Didn't this kinda happen in the 90's when some video game wanted to pay Deion Sanders more money to be on the cover if he was a Cowboy versus signing with some other team?
 




Sounds like we’re not to far away from a lock-out as players (attorneys wanting to make money) set up a collective bargaining unit as Universities struggle to maintain some semblance of order. Should be a nice battle between Universities and attorneys w players watching from outside gate.

It’s that or we have unmitigated chaos as conferences and elite teams write any rules they want and take all joy out of any semblance of a fair competitive environment.
 

Just get rid of the rule at this point. No one is going to follow it anyways if no one is enforcing it.
 


Greed drives the death of college sports. Organs are failing and the damage is not curable.
 


He did answer it with a valid reply.

My reply is the next reply in the chain.
But he's right and you're wrong. If both sides agree to a legal, signed contract, it's enforceable. No different than UAW and Ford.
 



You think the contract between the NFL and the NFLPA is not enforceable because it is in violation of antitrust law? Why?
I was just informed that a contract has to be legal in the first place.

Well, clearly, if it limits a players ability to profit from the sale of their NIL ... then it is not!
 

I was just informed that a contract has to be legal in the first place.
It does and, in this instance, it is.

Well, clearly, if it limits a players ability to profit from the sale of their NIL ... then it is not!

You tried to analogize the current state of NIL in college football to an effort by the Vikings to circumvent the NFL's collectively bargained salary cap. The circumstances are not analogous. The Vikings, the Wilfs and Kirk Cousins have all agreed to be bound by their contract. No equivalent agreement exists among the NCAA, its member institutions and the student-athletes.
 





Zygi Wilf wants to personally offer Kirk Cousins a $100M NIL deal over the next two years. Has nothing to do with NFL salary or salary cap.

NFL says that’s against the rules

Vikings sue the NFL, say that’s a violation of antitrust laws.


Where did I go wrong????
Not sure if you are serious or not

If you are you are dumber than I thought
 

Tennessee Attorney General Jonathan Skrmetti attended and spoke to reporters outside. He said in a prepared statement the NCAA’s “arbitrary and illegal rules” are keeping athletes from making important decisions.
“Meanwhile, everybody else involved in college sports is getting rich at those student-athletes’ expense,” Skrmetti said. “That is not legal, not right and it needs to change. Antitrust law in this area is clear, and as the Court has previously said, our case is likely to succeed on the merits. We are happy with the case’s progression and look forward to litigating it fully if necessary.”

Meanwhile and also in TN…non-solicit and non-compete agreements made under duress are very much enforceable despite being absurd restraints of trade and very much illegal in other parts of the country. I believe in addition to wanting to eliminate NCAA-supported tampering, inducement, solicitation rules TN is also part of the gang of seven litigating the NCAA over multiple transfers?

At least be consistent, guys.

These people are a joke … Chip Scoggins? Hmm. You (cryin‘ Vols) got caught with your hand in the cookie jar not once or twice but for multiple alleged violations. Only after the fact and facing consequences do these histrionic lawsuits get filed by states facing allegations, and the crocodile tears about recruiting ineligible transfers. If you can’t play and win by the rules, change the rules.
 

Will the NFL ever start what the NBA has in a G-league?
NFL has a free minor league system right now. Colleges do the scouting of the high school players and provide the development at no cost to the NFL. Not seeing an advantage for the NFL upsetting the current state of affairs.
 




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