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A lawsuit would most likely be a wasted effort
Posted on: February 1, 2019 at 23:57:09 CT
ScottsdaleTiger MU
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First anyone who can afford to pay their lawyer can sue anyone else for anything.
Secondly, a creative lawyer can always think of a theory for the case, although that's not going to be the easiest task here.
Thirdly, a lot of things can happen in the court room and their are no guarantees.
The NCAA is not a governmental entity. It's private and its rules are adopted by its members. Therefore, it's hard to argue that Mizzou was denied due process or equal protection of the law. A breach of contract theory could probably be cobbled together.
I.e. Mizzou and the NCAA entered into a contract when it joined, that contract set certain rules of conduct and procedures for how breaches of those rules would be dealt with. Further, the NCAa by handing down a harsh penalty breach its contract with Mizzou.
The problem with that theory is the facts don't really support it. The NCAA has an enforcement scheme and it appears it operated within that scheme, just came down with a punishment at the harsh end of the spectrum. That would seem to make a breach of contract by the NCAA theory a long shot.
Mizzou could always file a suit and then hope to get the NCAA to settle the case quickly, i.e. it reduces the punishment in return for dismissing the case. That however sets a dangerous precedent for the future for the NCAA, i.e. every future school that gets nailed goes immediately to the Courthouse.
If Mizzou brought the case and lost or even if it settled it could get stuck with the NCAA's legal fees.
Mizzou would have to seek a restraining order form the NCAA to stay the punishment until the case was resolved. It would have to show irerepairable (sp?) harm. Players would have a better shot at that than Mizzou, but if Mizzou did get it, the post season ban would be pushed down the road. That suggests maybe at least one, preferably more than one player also be a plaintiff.
If the restraining order wasn't granted and the NCAA didn't agree to a stay of the post season ban, the case might well not be resolved before the 2019 season.
All in all, a lawsuit against the NCAA wold be very messy, costly and have an uncertain outcome. It could be a total waste of time, effort and money.
Secondly, a creative lawyer can always think of a theory for the case, although that's not going to be the easiest task here.
Thirdly, a lot of things can happen in the court room and their are no guarantees.
The NCAA is not a governmental entity. It's private and its rules are adopted by its members. Therefore, it's hard to argue that Mizzou was denied due process or equal protection of the law. A breach of contract theory could probably be cobbled together.
I.e. Mizzou and the NCAA entered into a contract when it joined, that contract set certain rules of conduct and procedures for how breaches of those rules would be dealt with. Further, the NCAa by handing down a harsh penalty breach its contract with Mizzou.
The problem with that theory is the facts don't really support it. The NCAA has an enforcement scheme and it appears it operated within that scheme, just came down with a punishment at the harsh end of the spectrum. That would seem to make a breach of contract by the NCAA theory a long shot.
Mizzou could always file a suit and then hope to get the NCAA to settle the case quickly, i.e. it reduces the punishment in return for dismissing the case. That however sets a dangerous precedent for the future for the NCAA, i.e. every future school that gets nailed goes immediately to the Courthouse.
If Mizzou brought the case and lost or even if it settled it could get stuck with the NCAA's legal fees.
Mizzou would have to seek a restraining order form the NCAA to stay the punishment until the case was resolved. It would have to show irerepairable (sp?) harm. Players would have a better shot at that than Mizzou, but if Mizzou did get it, the post season ban would be pushed down the road. That suggests maybe at least one, preferably more than one player also be a plaintiff.
If the restraining order wasn't granted and the NCAA didn't agree to a stay of the post season ban, the case might well not be resolved before the 2019 season.
All in all, a lawsuit against the NCAA wold be very messy, costly and have an uncertain outcome. It could be a total waste of time, effort and money.
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A lawsuit would most likely be a wasted effort - ScottsdaleTiger MU - 2/1 23:57:09