Question for Boneyard lawyers

[huskyrob1]

I have heard that if UCONN is left out of a P5 conf after all is said and done, and especially given that they own the college basketball world, that they might sue. Does the state of CT and UCONN have a leg to stand on if they sue the big conferences on anti-trust grounds and dredge up any collusion among some college presidents & AD's to keep UCONN out?

 

[06029]

I have heard that if UCONN is left out a P5 conf after all is said and done, and especially given that they own the college basketball world, that they might sue. Does the state of CT and UCONN have a leg to stand on if they sue the big conferences on anti-trust grounds and dredge up any collusion among some college presidents & AD's to keep UCONN out?

I am not a lawyer but based on length of time in the business world including failed partnerships, people can sue anytime they want whether or not they have a leg to stand on if they feel they have been unjustly impacted by events even if the events are 100% outside their control. That does not mean they are successful and I have seen really outlandish lawsuits go all the way to a big settlement for the suing party.

Who would Uconn sue? The conferences or specific colleges that, to use your word, colluded? Would the basis be that Uconn chose to join the Big East and the Big East that they joined is now effectively the ACC? Uconn was not kicked out of a conference. They remain in the next iteration of the conference they joined. They have not been shut out from playing FBS, or whatever it may be called now, football. The new bowl system/playoff does not shut non-P5 teams out of the mix although I can see how it will be very difficult for any non-P5 school to get to the play in round. The AAC still has a TV contract that puts their game on regional and national schedules. Is the basis of a lawsuit we want the money the other guys get?

The collusion angle would be exceedingly hard to prove if conference bylaws have vote requirements and processes. The only known vocal opposition to Uconn was BC at a time when 4 votes would have been needed to keep Uconn from being invited to the ACC. What is the fine line between lobbying for the best business decision for your school and conference and collusion especially if there were other schools under consideration at the same time? Conspiracy lawsuits are not a good way to go because the conspiracy is often just a series of adverse decisions that have solid business reasons for being made that can be shown by the other side fairly easily.

The only lawsuit Uconn should consider being part of is one led by the AAC and all other non-P5 conferences to break the apparent strangle hold the P5 have on football for TV rights and cash. That same group should also sue the NCAA for misrepresentation of their interests as member schools as well as the interests of their student-athletes by allowing the P5 to establish an independent set of rules that make all non-P5 schools operate at an inherent disadvantage. A broad based, national lawsuit that seeks to even the playing field.

 

[huskyrob1]

I am not a lawyer but based on length of time in the business world including failed partnerships, people can sue anytime they want whether or not they have a leg to stand on if they feel they have been unjustly impacted by events even if the events are 100% outside their control. That does not mean they are successful and I have seen really outlandish lawsuits go all the way to a big settlement for the suing party.

Who would Uconn sue? The conferences or specific colleges that, to use your word, colluded? Would the basis be that Uconn chose to join the Big East and the Big East that they joined is now effectively the ACC? Uconn was not kicked out of a conference. They remain in the next iteration of the conference they joined. They have not been shut out from playing FBS, or whatever it may be called now, football. The new bowl system/playoff does not shut non-P5 teams out of the mix although I can see how it will be very difficult for any non-P5 school to get to the play in round. The AAC still has a TV contract that puts their game on regional and national schedules. Is the basis of a lawsuit we want the money the other guys get?

The collusion angle would be exceedingly hard to prove if conference bylaws have vote requirements and processes. The only known vocal opposition to Uconn was BC at a time when 4 votes would have been needed to keep Uconn from being invited to the ACC. What is the fine line between lobbying for the best business decision for your school and conference and collusion especially if there were other schools under consideration at the same time? Conspiracy lawsuits are not a good way to go because the conspiracy is often just a series of adverse decisions that have solid business reasons for being made that can be shown by the other side fairly easily.

The only lawsuit Uconn should consider being part of is one led by the AAC and all other non-P5 conferences to break the apparent strangle hold the P5 have on football for TV rights and cash. That same group should also sue the NCAA for misrepresentation of their interests as member schools as well as the interests of their student-athletes by allowing the P5 to establish an independent set of rules that make all non-P5 schools operate at an inherent disadvantage. A broad based, national lawsuit that seeks to even the playing field.

I agree that the collusion angle would be very hard to prove. But to answer your question, I'd say sue the ACC and the B1G. Make the ACC prove in court in a civil jury trial why they took Cincinatti or whoever over UCONN for the 16th team. Same thing for the B1G with respect to Maryland, Rutgers, and the future 15th and 16th members.

 

[Dooley]

Let's be clear (because I foresee a few BY visitors seeing this and assuming that UCONN is filing the legal paperwork): UCONN has NOT said or hinted at, whatsoever, filing a lawsuit against anyone. The lawsuit idea is something that has only been speculated by a few 'Yarders (myself included) without any basis or factual backing. It has been brought up by us 'Yarders as a last-ditch effort ONLY if UCONN is shut out of P5 competition long-term or permanently.

I'm all for looking into taking legal action...5-10 years down the road and only if we are no closer to a P5 invite than we are today. But until then, let's all remember that this course of action has only been brought up here amongst a fanbase that is incredibly passionate and loyal but also, sometimes, a bit emotionally irrational (myself included).

 

[John Greene]

I have heard that if UCONN is left out of a P5 conf after all is said and done, and especially given that they own the college basketball world, that they might sue. Does the state of CT and UCONN have a leg to stand on if they sue the big conferences on anti-trust grounds and dredge up any collusion among some college presidents & AD's to keep UCONN out?

We may or may not have a leg to stand on, but when is Blumenthal up for re-election?

 

[bobbyinaz]

I agree that the collusion angle would be very hard to prove. But to answer your question, I'd say sue the ACC and the B1G. Make the ACC prove in court in a civil jury trial why they took Cincinatti or whoever over UCONN for the 16th team. Same thing for the B1G with respect to Maryland, Rutgers, and the future 15th and 16th members.

That type of suit against the B1G get you a simple response of "We added 2 land grant state universities who are members of the AAU & are very similar in academics to our current members"

Case dismissed

 

[Chuck]

You are suing all of the Power 5 for excluding the non-Power 5. Not for them not picking UConn. You might sue ESPN and the ACC for breaking up the Big East IF ESPN owed a duty to UConn. Do they have a case? It's not my kind of law, but I'd say they have something worth pursuing.

Take the fact that they are non-profit universities out of the equation. Make them cell phone companies. If Apple, Samsung, Nokia, and HTC agreed that each could only buy their components amongst the 4 of them, it seems obvious that other component makers would have an anti-trust case. Look at Microsoft. They got in trouble just for favoring Internet Explorer in Windows and that was their own application! Now that it isn't auto loaded on computers by itself, it gets its butt kicked by Chrome and Firefox. I just hope we're not Netscape.

This is a simplistic example that real lawyers will pick apart, but that's what I've got.

 

[huskyrob1]

Let's be clear (because I foresee a few BY visitors seeing this and assuming that UCONN is filing the legal paperwork): UCONN has NOT said or hinted at, whatsoever, filing a lawsuit against anyone. The lawsuit idea is something that has only been speculated by a few 'Yarders (myself included) without any basis or factual backing. It has been brought up by us 'Yarders as a last-ditch effort ONLY if UCONN is shut out of P5 competition long-term or permanently.

I'm all for looking into taking legal action...5-10 years down the road and only if we are no closer to a P5 invite than we are today. But until then, let's all remember that this course of action has only been brought up here amongst a fanbase that is incredibly passionate and loyal but also, sometimes, a bit emotionally irrational (myself included).

Yes you are right, and I agree with you 100%. The fact that UCONN has not hinted at anything whatsoever about legal action down the road boads well for us, meaning that they might already know that UCONN's ticket has already been stamped. I was only asking the question in a worst case scenario.

 

[huskyrob1]

That type of suit against the B1G get you a simple response of "We added 2 land grant state universities who are members of the AAU & are very similar in academics to our current members"

Case dismissed

If it was just Maryland and Rutgers, you would probably be right, but it's not. If the 15th and 16th schools are Cincinnati and Memphis, then UCONN has a case IMO.

 

[Fishy]

Has an actual lawyer weighed in yet or are we being treated to open-mic legal tryouts?

 

[Chuck]

If it was just Maryland and Rutgers, you would probably be right, but it's not. If the 15th and 16th schools are Cincinnati and Memphis, then UCONN has a case IMO.

There is still no case there. You can't force them to expand more and you can't sue to say you were a more worthy candidate. Your only case there is if the conferences literally black balled UConn.

The potential case is for limiting opportunities for the non-power 5. I think the non-BCS schools could've had a claim against the BCS for that reason. The non-auto bids were given to make the non-auto qualifiers just happy enough not to sue. With a four team playoff and all the other crap going on regarding mandated games against other Power 5 to pump up everyone's SOS and RPI to the detriment of the non-Power 5, there is a case here. If the AAC try to go toe to toe with stipends and other stuff, it's an even better case.

My disclaimer is that I practice securities regulation and not antitrust. Antitrust law is heavy stuff. It's filled with arcane law, numerous exemptions and $1,000+ per hour attorneys. Anyone that says UConn's case is a slam dunk either way doesn't know antitrust law in my opinion.

 

[whaler11]

Has an actual lawyer weighed in yet or are we being treated to open-mic legal tryouts?

I'm just a caveman frightened and confused by the tiny football players in your magic box... but I do know the University of Connecticut does deserve immediate inclusion in the Big 10 for football, the ACC for basketball, Hockey East, the American League Central in baseball and the WNBA.

 

[TRest]

There is still no case there. You can't force them to expand more and you can't sue to say you were a more worthy candidate. Your only case there is if the conferences literally black balled UConn.

The potential case is for limiting opportunities for the non-power 5. I think the non-BCS schools could've had a claim against the BCS for that reason. The non-auto bids were given to make the non-auto qualifiers just happy enough not to sue. With a four team playoff and all the other crap going on regarding mandated games against other Power 5 to pump up everyone's SOS and RPI to the detriment of the non-Power 5, there is a case here. If the AAC try to go toe to toe with stipends and other stuff, it's an even better case.

My disclaimer is that I practice securities regulation and not antitrust. Antitrust law is heavy stuff. It's filled with arcane law, numerous exemptions and $1,000+ per hour attorneys. Anyone that says UConn's case is a slam dunk either way doesn't know antitrust law in my opinion.

Yes, especially Saban opining that P5 should only play other P5 in OOc games. Now you have a self-contained group within the NCAA that is preventing any open competition by other schools that wish to play at the same leve. The bowl system, with its mandated conference tie-ins, has helped make all of this possible.

 

[RioDog]

Has an actual lawyer weighed in yet or are we being treated to open-mic legal tryouts?

I thought that's what the OP meant. "Boneyard lawyer" is kinda like "Barracks lawyer" isn't it?

 

[SixRings]

I'm just a caveman frightened and confused by the tiny football players in your magic box... but I do know the University of Connecticut does deserve immediate inclusion in the Big 10 for football, the ACC for basketball, Hockey East, the American League Central in baseball and the WNBA.

I don't know! My primitive mind can't grasp these concepts. But there is one thing I do know - when a team like my Huskies slip and fall on CR in front of public, then they are entitled to no less than two billion in compensatory damages, and two billion in punitive damages. Thank you.

 

[itgoeslike]

Four billion would allow the healing process to begin. . .

 

[whaler11]

Four billion would allow the healing process to begin. . .

I wonder what the USFL did with their winnings.

 

[itgoeslike]

I wonder what the USFL did with their winnings.

Doug Flutie would know for sure, but I think they put the entire amount towards the purchase a corn dog and a medium diet soda. Thank goodness for triple damages. I wonder if Steve Young is still collecting on his 43 year contract?

 

[whaler11]

Doug Flutie would know for sure, but I think they put the entire amount towards the purchase a corn dog and a medium diet soda. Thank goodness for triple damages. I wonder if Steve Young is still collecting on his 43 year contract?

I stole the Houston Gamblers logo for a fantasy football team a few years back. I should have been more careful since their lawyers are sharks.

Here is an idea for Aresco. Play the AAC schedule between April and August. That's TV gold.

If he wants an interim step I'd watch the current Memphis Tigers play the legacy Memphis Showboats. Most of the Showboats are still in their 40s. They might be able to put that one on Pay per View. Is closed curcuit TV still a thing?

 

[whaler11]

Aresco would be great on Undercover Boss. He could work the chains at a UCF-Cincy game. At halftime Tommy Tuberville could ask him who really invited Tulane.

 

[woomba]

Here is an idea for Aresco. Play the AAC schedule between April and August. That's TV gold.

This is actually not possible within NCAA rules - they actually define when the regular season starts and ends to be between the last week of Aug to the 2nd week of Dec (IIRC).

 

[huskypantz]

I always compared "boneyard lawyer" to "common-law marriage".

 

[whaler11]

This is actually not possible within NCAA rules - they actually define when the regular season starts and ends to be between the last week of Aug to the 2nd week of Dec (IIRC).

Sure Woomba if you keep playing by THEIR rules!

The AAC has MARKETS! Sure in the fall the University of Houston is the 8th most popular team in the city - but in June? They could crawl up to 5th.

 

[itgoeslike]

This is actually not possible within NCAA rules - they actually define when the regular season starts and ends to be between the last week of Aug to the 2nd week of Dec (IIRC).

Not necessarily. Whaler is laying the groundwork for a D5. . .

 

[itgoeslike]

I stole the Houston Gamblers logo for a fantasy football team a few years back. I should have been more careful since their lawyers are sharks.

Here is an idea for Aresco. Play the AAC schedule between April and August. That's TV gold.

If he wants an interim step I'd watch the current Memphis Tigers play the legacy Memphis Showboats. Most of the Showboats are still in their 40s. They might be able to put that one on Pay per View. Is closed curcuit TV still a thing?

But admit it, you still watched a few games because it was riveting. It was like blending football with broadway. Some football and a lot of glitz.