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NCAA Litigation Progress?


BobIwabuchiFan

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Herald Story on Suit

I'm not sure I understand this one.

Here's my translation.

"We have been working diligently to review all the claims" means "We haven't decided whether or not to throw in the kitchen sink."

"...there's no final decision at this time about the issues or the venue" means "do we want the biggest ball of wax or the strongest ball of wax? And where is the best place to put the ball of wax?"

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Here's my translation.

"We have been working diligently to review all the claims" means "We haven't decided whether or not to throw in the kitchen sink."

"...there's no final decision at this time about the issues or the venue" means "do we want the biggest ball of wax or the strongest ball of wax? And where is the best place to put the ball of wax?"

Thanks for the convolution. :blush:

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I am extremely happy with the State and the University going forward on this, but I would feel extremely secure if the legislation was also being followed up on to cover us in the situations where the court is skewed towards the politically correct crowd. If we get this processed in court, there is nothing stopping them from countersuing in a higher court, but if the legislation is passed it gets extremely hard for the courts to overturn legislation especially if its based on precedent.

Just my 2 cents...

BOBIWABUCHIFAN

PS PCM, nice work grasshopper! I love it when common sense and logic prevail over BS PC!!!

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Dr. Kupchella was asked by a WDAZ reporter about the cost of the NC$$ ligation to date. He stated what he knew about the costs were just that the bills are being paid as they come in. He went on to say that there is "a pledge to cover the costs what ever it takes". :lol::blush:

So, to those NDSU fans who are worried about UND's ability to pay for the lawsuit at the expense of moving on to D1, no se precupe, don't worry your little pointy heads about it any more more. It's covered, "whatever it takes". :huh:

God, I love UND, it's sports, it's alumi and benefactors!!!

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Dr. Kupchella was asked by a WDAZ reporter about the cost of the NC$$ ligation to date. He stated he did know what he costs were just that the bills are being paid as they come in. He went on to say that there is "a pledge to cover the costs what ever it takes". :huh::blush:

So, to those NDSU fans who are worried about UND's ability to pay for the lawsuit at the expense of moving on to D1, no se precupe, don't worry your little pointy heads about it any more more. It's covered, "whatever it takes". ;)

God, I love UND, it's sports, it's alumni and benefactors!!!

UND peeps are the best peeps on earth! :lol:

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Sioux sue - Grand Forks Herald

Stenehjem said his office would seek a preliminary, then a permanent injunction against the nickname prohibition while the case is in litigation. He said the injunction issue could possibly be decided within the month but the larger issues of the lawsuit would take much longer and likely end in an appeal.
He said the lawsuit alleged three major points:

-- The NCAA broke a contract with its members by imposing the nickname mandate.

-- The NCAA broke a good faith covenant by imposing the mandate.

-- The NCAA unlawfully restrained trade in North Dakota by imposing the mandate.

"Their actions in imposing this put us in an impossible economic position, in violation of North Dakota antitrust laws," Stenehjem said, referring to the final point.

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I assume the NCAA will remove the case to federal court.

Based on what Stenehjem said this morning, my understanding is that the case will stay in state court until one side loses and then appeals it.

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Based on what Stenehjem said this morning, my understanding is that the case will stay in state court until one side loses and then appeals it.

Most likely, the NC$$ will make a motion to remove the case to federal court, based on the "diversity" of the parties. UND is a "resident" of NoDak, and the NC$$ is a resident of probably Indiana, so "diversity" would probably apply. This presumes there is no choice of venue provision in the agreement(s) UND has with the NC$$. However, if removal is granted, the case will probably still be held in the local federal court, probably in Fargo. I would guess one of the reasons why UND filed in GF, was to demonstrate the seriousness of their suit, and to start with home ice advantage. ???

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