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Livvy Dunne puts tomatoes in her gumbo (LSU gymnastics official thread)

@sflbuck I'd love to hear your take on the legal side of this.

As a layman, I have assumed challenges were coming and that they would likely win and win quickly. You have actual legal expertise so...what is your .02?

Be glad to, but let me warn you even though I will try to keep this brief, it's probably going to be a little long.

First, any court approves settlements based on a weighing of equities. Almost always it is not a question of whether a claim has merit, but what is the solution that is best for all the involved parties.

Also, my position has been not that the House Settlement will get higher court approval, only that it could.

To put MS Dunne's complaint and appeal (she is one of the female athletes that is appealing the House Settlement) into context I have to address what's in the House Settlement.

Simplified, it is three big things.

A payment of $2.8 billion dollars in damages by the NCAA for lost NIL wages.

2) An agreement to allow for NIL payment to college athletes with an agreement to limit these NIL payments to FMV and for a legitimate business purpose. The parties also agreed for a mechanism to enforce this limit.

3) A salary cap for revenue sharing of $22.5 million per institution with a mechanism to enforce the salary cap.

MS Dunne’s appeal is only of the $2.8 billion portion. I will try and read the appeal later today, but the legal reporting has the appeal centered on the distribution not complying with Title IX. I would suspect that, based on the article that you provided, it might provide a pretty compelling argument. However, Judge Wilkins did hear MS Dunne’s testimony and still ruled that the equities favored the settlement. One thing you have to keep in mind when considering Judge Wilkins opinion is that she is the one that ruled that the NCAA’s legal position on NIL was bullshit (Both in O’Bannon vs NCAA and in Alston vs NCAA). She is a judge that has been sympathetic to the plight of college athletes in the past.

Will the appeals court and the Supreme Court agree? Who know. But there is establish Supreme Court precedent that favors the acceptance of a settlement unless the lower court has incorrectly applied a basic legal principal. (I can look up the case citation if anybody wants it.)

That's the short version. There's more that I could say on just this aspect. Other appellants are challenging other aspects of the settlement. If you have any questions or even disagreements, let me know. I'll let you know if I have anything further after I read her appeal.
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Texas Longhorns (big hat, no cattle; please don’t Horns Down us)

Never thought I'd see SEC officials at work in the Shoe against an SEC team. Somewhere that got lost in the shuffle about a 12:00 kick-off time. Wonder who feel asleep at the switch there. Will assume that B10 officials will officiate the return visit to Austin, when tOSU reciprocates. Not sure I'd bet coin on that one. And that Sark would complain about the officiating, is a bit funny. Guess it's all about who's cow is being gored. (to use a Texas metaphor). Build a bridge and get over it, Tejas. Plenty of time to get your sh** together and make the playoffs. Go Bucks!

Remember Tejas isn’t an SEC team. They are in the conference but they aren’t “one of them” yet and maybe never given their entitlement
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Texas Longhorns (big hat, no cattle; please don’t Horns Down us)

Never thought I'd see SEC officials at work in the Shoe against an SEC team. Somewhere that got lost in the shuffle about a 12:00 kick-off time. Wonder who feel asleep at the switch there. Will assume that B10 officials will officiate the return visit to Austin, when tOSU reciprocates. Not sure I'd bet coin on that one. And that Sark would complain about the officiating, is a bit funny. Guess it's all about who's cow is being gored. (to use a Texas metaphor). Build a bridge and get over it, Tejas. Plenty of time to get your sh** together and make the playoffs. Go Bucks!
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Lou Holtz (Official Thread)

Yeah. I mean, I don't care if he's a hater, or who's doing the hating, or whatever. But let people have opinions. It seems very Penn State or Alabama to cry about all the people not in love with you.
I never cared much about Jimmy Johnson before, but there's a 30 for 30 about Miami of the 1980s, and a show on Netflix about the 90s Cowboys. I'm using my words here, but he basically said that if you don't like the way he's doing things (and winning games), you can count all the fucks he was willing to give. (Spoiler: it was zero.)
If Lou Holtz doesn't like Ohio State, he can go stand on his rooftop and shout all he wants. I'm going to sit over here and watch what is potentially another fun season.
True, but what fun would it be to just ignore his goofy, lispy ND ass?
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Lou Holtz (Official Thread)

Know it's not a big deal or anything, but was thinking did not know why Lou is such a hater. He coached for Woody in 1968, when Super Sophs won the Natty against USC, and then went on to become a HC elsewhere. But somewhere, he was jilted (?) by the Buckeyes, or simply went up against them and couldn't guide SC, ND, Minny to a victory against us? Dunno, but simple idle curiosity here. Any thoughts appreciated.
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Where was the last place you went on vacation?

I live in Lexington and people act like the food scene is good here. :slappy:

The worst thing about Lexington is that there are a few good restaurants but almost all of them don't change their menu.
Jeff Ruby is always on point. If you're craving sushi, check out the "UK roll". It is more famously known as the "Herbstreit roll" in all the other locations.
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Lou Holtz (Official Thread)

I actually respect what a hater he is :lol:
Yeah. I mean, I don't care if he's a hater, or who's doing the hating, or whatever. But let people have opinions. It seems very Penn State or Alabama to cry about all the people not in love with you.
I never cared much about Jimmy Johnson before, but there's a 30 for 30 about Miami of the 1980s, and a show on Netflix about the 90s Cowboys. I'm using my words here, but he basically said that if you don't like the way he's doing things (and winning games), you can count all the fucks he was willing to give. (Spoiler: it was zero.)
If Lou Holtz doesn't like Ohio State, he can go stand on his rooftop and shout all he wants. I'm going to sit over here and watch what is potentially another fun season.
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