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I think the Ohio AG threatening to sue the B1G and member institutions that vote no might give enough extra impetus to get a vote to still play by late October.
Who knows?
I have't really looked all that closely at either the Nebraska suit or the one proposed by the Ohio AG. But, from a quick glance, I think Yost's (The Ohio AGs) position is pretty interesting, in contrast to the Nebraska suit. Blaming the B1G for OSU being forced to be in breach, and at a cost of 10s of milliions ... well..that seems to have some teeth.I think the Ohio AG threatening to sue the B1G and member institutions that vote no might give enough extra impetus to get a vote to still play by late October.
Who knows?
I have't really looked all that closely at either the Nebraska suit or the one proposed by the Ohio AG. But, from a quick glance, I think Yost's (The Ohio AGs) position is pretty interesting, in contrast to the Nebraska suit. Blaming the B1G for OSU being forced to be in breach, and at a cost of 10s of milliions ... well..that seems to have some teeth.
The problem with the Nebraska suit is that the plaintiff's there, the players as I understand it, don't have any real cause of action against the B1G conference.. and to the extent that they do, it's clear the B1G was within it's discretion - even if we all disagree with that discretion being exercised as it was. As an aside, I am still not sure if the B1G is a public or a private organization. In as much as the Nebraska suit seems aimed at gaining access to documents through discovery - as a opposed to a simple public records request (and maybe I missed it, maybe they did make a request and the suit is based on a refusal to meet the records request, which would change my analysis some) - it seems the COP/C is a private entity. If so, I think that pretty well covers why all the redactions to the documents noted a page ago. I know some like to attribute some sinister purpose to every decision being made.... I can't and won't change your minds... but.. it's not unusual and, if I'm right that they're a private organization, I think it's pretty clear we don't want to make private entities have to turn over whatever the fuck is asked for in discovery. You're not entitled to everything you ask for... nor should you be... An easy example to see what I'm getting at is trade secrets. I can't sue Coca Cola for some nebulous "injury" owing to their board deliberations and then demand discovery that includes their recipe for coca cola.
I have't really looked all that closely at either the Nebraska suit or the one proposed by the Ohio AG. But, from a quick glance, I think Yost's (The Ohio AGs) position is pretty interesting, in contrast to the Nebraska suit. Blaming the B1G for OSU being forced to be in breach, and at a cost of 10s of milliions ... well..that seems to have some teeth.
The problem with the Nebraska suit is that the plaintiff's there, the players as I understand it, don't have any real cause of action against the B1G conference.. and to the extent that they do, it's clear the B1G was within it's discretion - even if we all disagree with that discretion being exercised as it was. As an aside, I am still not sure if the B1G is a public or a private organization. In as much as the Nebraska suit seems aimed at gaining access to documents through discovery - as a opposed to a simple public records request (and maybe I missed it, maybe they did make a request and the suit is based on a refusal to meet the records request, which would change my analysis some) - it seems the COP/C is a private entity. If so, I think that pretty well covers why all the redactions to the documents noted a page ago. I know some like to attribute some sinister purpose to every decision being made.... I can't and won't change your minds... but.. it's not unusual and, if I'm right that they're a private organization, I think it's pretty clear we don't want to make private entities have to turn over whatever the fuck is asked for in discovery. You're not entitled to everything you ask for... nor should you be... An easy example to see what I'm getting at is trade secrets. I can't sue Coca Cola for some nebulous "injury" owing to their board deliberations and then demand discovery that includes their recipe for coca cola.
Probably tortuous interference vis a vis Ohio State. I am doubtful local business cold sue for damages and be successful. I am also doubtful that the State of Ohio could sue for lost tax revenues. Well... of course, they could.... just not so sure it's got any chance to win the day.I’ve not looked at the case yet either, but and I’m not a lawyer, but I think you’re right. The Ohio AG getting involved starts to open up a can of worms that I don’t think the B1G anticipated (well... duh, right?).
Consider: Could the B1G be considered to be on the hook for damages to the State of Ohio for lost tax revenue? And the other states in the B1G footprint? I’m suggesting that this goes beyond tOSU breaking contracts. I’m suggesting that the B1G decision may be associated with damages to the states in the B1G footprint and the local community governments.
Consider: Could the B1G be considered to be on the hook for damages to local businesses that have revenue directly tied to B1G game days?
Consider: Would the B1G have brass balls big enough to start letting those questions go to trial?
Again, I’m not a lawyer, so I’m not sure what the requirements would have to be in order for the B1G to be on the hook. Negligence? But I’m pretty sure that if following the above lines and a negligence claim, the discovery process would get very interesting. Subscribing to the tin-foil hat of the month club, if decisions were being made to not play due to anything but the pandemic, I think there’s a strong case for liability for damages. Even if it were nothing more than the pandemic that is driving their decisions, I suspect that there’s plenty of evidence that may suggest that, while the initial decision may have been a good one based on the information at the time, new information and testing post the decision would have likely sufficiently mitigated the concerns the B1G had when the original decision was made. As such, could the B1G be liable under some form of dereliction of duty?
It’s all very interesting. Sadly, the political weaponization of the B1G season (by both sides) makes it nearly impossible to sort out real from mere political posturing.
Fuck ‘em all until the kids who want to play get to play.
Whenever lawyers are involved, it’s torturous interference.Probably tortuous interference vis a vis Ohio State. I am doubtful local business cold sue for damages and be successful. I am also doubtful that the State of Ohio could sue for lost tax revenues. Well... of course, they could.... just not so sure it's got any chance to win the day.
I can't say the likelihood of success should such a claim be brought to trial... But, you're third "consider" really gets to the point - does the B1G (and, really, all the other conferences (who could file amicus briefs owing to their own strong interest in the potential consequences of a judicial finding)) really want a court to weigh in here?
Probably tortuous interference vis a vis Ohio State. I am doubtful local business cold sue for damages and be successful. I am also doubtful that the State of Ohio could sue for lost tax revenues. Well... of course, they could.... just not so sure it's got any chance to win the day.
I can't say the likelihood of success should such a claim be brought to trial... But, you're third "consider" really gets to the point - does the B1G (and, really, all the other conferences (who could file amicus briefs owing to their own strong interest in the potential consequences of a judicial finding)) really want a court to weigh in here?
You'll just have to click it to know for sure. [Cue ominous music]I swear to GOD if that link, which is yet to be clicked, is me getting Rick Rolled imma come for you. LOL.
Probably tortuous interference vis a vis Ohio State. I am doubtful local business cold sue for damages and be successful. I am also doubtful that the State of Ohio could sue for lost tax revenues. Well... of course, they could.... just not so sure it's got any chance to win the day.
I can't say the likelihood of success should such a claim be brought to trial... But, you're third "consider" really gets to the point - does the B1G (and, really, all the other conferences (who could file amicus briefs owing to their own strong interest in the potential consequences of a judicial finding)) really want a court to weigh in here?