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2023 tCun Shenanigans, Arguments, Cobras, Feckless Marmots, Fake Pandas, Dirty Cheaters

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The internet lawyers at DFBIA are really coming out now

Yeah you can stop reading after the first point.

This person (maybe is a lawyer but maybe isn’t) states the Big Ten would be breaking their own rules. They wouldn’t be so everything is moot what he says. The big ten has the right to do this and they should from what I’ve read of the rules.
 
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So from that MgoBlow post…

1 - "Likelihood of success on the merits." UM must show that it is LIKELY to win its claim in its Complaint. The court will take evidence (declarations) and sometimes live testimony at a hearing. Legal arguments will include: did the B1G breach a contract (e.g. its own rules) or violate a federal or state law (ehhh probably none applicable) in its actions.

2. "Irreparable harm." UM must show that, absent getting emergency relief, it will suffer harm for which it is not able to be compensated with money damages. That doesn't mean you can't take money for it; it means it would be extremely difficult to compensate the harm with a money award, in part b/c there is no good way to calculate the impact. I think losing your HC when you are competing for a national championship and need to play the #11 and #1 teams in three weeks (plus November Maryland) is, sort of by definition, irreparable harm. And there is also the reputational harm. (I assume Jim will be a named plaintiff so he can assert his own interest in its reputation, on top of UM's reputation.)

3. "Balance of Interests." The court must weight the harm to UM (if there is no injunction) versus the harm to the defendants (if there is an injunction). I think this squarely goes to UM. There is no continuing sign-stealing; we all know about this. If PSU, UM(NTUM) or OSU are too stupid not to change their damn signs by now, that's on them, not us. Besides, is there any evidence Wyld Stalion wen to Lion/Terp/Buck games this year?

Apparently this lawyer thinks all three goes heavily in Michigfans favor. That’s ridiculous.

1. Big Ten isn’t about to be so stupid as to not follow their own rules.

2. Yes there will be harm to Michigan

3. However the harm is not as great as it is toward the other 13 schools.

So in other words 2/3 cancel each other out which leaves did the big ten follow the rules. Just don’t fuck it up Petitie and there’s nothing they can do.

Btw I love how this lawyer says “well we aren’t cheating anymore so there’s really no harm for them”. Wtf is that lol
 
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PSU just beat MD and put 51 points on them. They may have broken through and figured out their offensive issues. So, things may get interesting for the TCUN in Happy Valley.

I’m wondering if scUM loses to PSU this weekend maybe it will give Petitti a bit of a leg for repercussions/suspensions. Petitti is smart and savvy. Attended Harvard law but also has a career as the head of sports tv, so he understands the impact of ratings. Coming from CBS sports and the MLB network, he doesn’t want to damage his product and essentially make scUM unwatchable (because who’s watching if they are banned from post season play?). That said, if PSU can mount a victory it takes a lot of pressure off Petitti “damaging” scUMs viewership and can treat them as a non-CFP contender that broke major rules.
 
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So from that MgoBlow post…

1 - "Likelihood of success on the merits." UM must show that it is LIKELY to win its claim in its Complaint. The court will take evidence (declarations) and sometimes live testimony at a hearing. Legal arguments will include: did the B1G breach a contract (e.g. its own rules) or violate a federal or state law (ehhh probably none applicable) in its actions.

2. "Irreparable harm." UM must show that, absent getting emergency relief, it will suffer harm for which it is not able to be compensated with money damages. That doesn't mean you can't take money for it; it means it would be extremely difficult to compensate the harm with a money award, in part b/c there is no good way to calculate the impact. I think losing your HC when you are competing for a national championship and need to play the #11 and #1 teams in three weeks (plus November Maryland) is, sort of by definition, irreparable harm. And there is also the reputational harm. (I assume Jim will be a named plaintiff so he can assert his own interest in its reputation, on top of UM's reputation.)

3. "Balance of Interests." The court must weight the harm to UM (if there is no injunction) versus the harm to the defendants (if there is an injunction). I think this squarely goes to UM. There is no continuing sign-stealing; we all know about this. If PSU, UM(NTUM) or OSU are too stupid not to change their damn signs by now, that's on them, not us. Besides, is there any evidence Wyld Stalion wen to Lion/Terp/Buck games this year?

Apparently this lawyer thinks all three goes heavily in Michigfans favor. That’s ridiculous.

1. Big Ten isn’t about to be so stupid as to not follow their own rules.

2. Yes there will be harm to Michigan

3. However the harm is not as great as it is toward the other 13 schools.

So in other words 2/3 cancel each other out which leaves did the big ten follow the rules. Just don’t fuck it up Petitie and there’s nothing they can do.

Btw I love how this lawyer says “well we aren’t cheating anymore so there’s really no harm for them”. Wtf is that lol
And #2 is not irreparable harm. Yes, there will be harm, but it will be the same kind that many other schools (including their own basketball, hockey and baseball programs) have endured. It harms for awhile, and then they rebuild. The only real case of the ncaa handing out irreparable harm was SMU's death penalty.
 
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I'm drawing on the double reverse negative anti-karma here...

And 25+ years of working in and around the Federal bureaucracy. If it were as open and shut (it never was) as we thought, it would be easy. The Big Ten bitching out (because that's what it is) is just like someone not wanting to make a decision and booting it "upstairs" to their supervisor.

In my view it was far easier for the NCAA to give some desultory "punishment" while the money flows in than to take any actual stand.

Maybe they prove me right, maybe they prove me wrong. I hope I'm wrong, but life experience tells me otherwise. And yeah, it's cynical. So what, it's a cynical world we live in.
I think TCUN really wanted to sleep walk this into that type of scenario, but every pissed off team in the Big 10 is making it extremely difficult for this to just lull itself to death.

I really don't see this as the same as the cheeseburger thing, because that wasn't really a big deal, whereas, this is huge, and much bigger than Scum even wants to believe. I think they just arrogantly thought they were being cute.

I could be wrong, but this is more of a big deal than can be lost in a bureaucratic malaise. Actually the best thing that can happen would be for the TCUN to lose in the regular season, and maybe in post. That may make it lull itself to sleep.
 
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