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What would be the charge?


darell1976

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So what would be the charge when the state files a lawsuit against the NCAA? Will it be antitrust or would be violation of state law??

Read paragraph 1 on page 2-3 of the settlement agreement. The State/UND released all claims that were brought or could have been brought in the litigation.

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I might be wrong, but I think it's like this:

The NCAA is the Big Kid on the playground, and he controls what everybody plays and who they play with.

UND is the kid on the playground who has gotten under the Big Kids skin for a certain reason, along with a few other kids.

The Big Kid says to the kids in trouble, you have to get a girl to kiss you to get back in the game, except for little kid UND...he has to get 2 girls to kiss him.

The other kids find a girl who will kiss them, but UND can only find 1...not the 2 necessary to get back in the game.

Big Kid says "OK UND, since you could not do what I asked you to do, you can come back and play, but your name will have to be 'Mary' from now on.

UND says, "But I don't like the name Mary, I'm a boy!".

Big Kid says "Tough beans Mary, you either change your name to Mary or you quit the game forever".

UND says "But there is no other game, you have the only game in town".

Big Kid thinks about it and says "Tell you what Mary, you can come back and play and still be called UND, but I'm never going to let you pick the game and always make sure you get the short end of every deal forever".

UND says "But that's not fair, I'm going to tell the principal and he will make you play fair with me".

Big Kid says "Go ahead and tell, he can't tell me who to play with and how to play".

UND tells the principal, who sits at his desk and ponders his options...

The principal:

1) Cannot make the Big Kid play with UND if Big Kid doesn't want to.

2) Cannot find another game for UND to play in because Big Kid controls all the kids on the playground.

3) Cannot change UND's name to Mary because UND's Mom and Dad debated it and voted that his name would legally stay UND forever.

Principal is in a bind, Big Kid controls the game, UND/Mary is stuck in the middle.

Only one last recourse for the principal, he must decide whether to take it to the all-mighty final word...the School Board. But can they really tell Big Kid who he has to play with and how to play? It's his game, UND/Mary only wants to be a part of something that the Big Kid owns, not UND/Mary and not the School system.

Again principal sits at his desk and ponders his options...

And that is where we are at today.

As of right now, we are not living happily ever after. :angry:

brilliant

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yes, UND released all claims in the State jurisdiction, but that settlement agreement does not preclude a Federal suit, nor is it binding

on any Federal court.

All claims means all claims. Do you really think the NCAA's lawyers agreed to terms that would allow UND to relitigate this thing? No.

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