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Post by OriginalWhizzinator on Aug 12, 2020 18:00:09 GMT -8
Pat Forde’s article had a pretty stunning quote from college sports lawyer Tom Mars: www.si.com/college/2020/08/12/ncaa-football-divide-big-ten-pac-12-sec-big-12“Whatever conference(s) decides to play football this fall will be taking a ridiculously high risk they may soon regret. I know and have talked with some of the best plaintiff’s lawyers in the country this week, and they’re praying the SEC, Big 12 and/or the ACC are greedy enough to stay the course. If things go sideways, the plaintiff’s Bar will immediately get their hands on the internal financial analyses of the schools (a FOIA layup), get the conference financials through the discovery process, and then just stand in front of the jurors and point to the conferences that decided not to risk the health of their student-athletes. Good Lord, I’d hate to be the lawyers defending those cases.” And the attorneys lining up to represent plaintiffs? “These are lawyers who’ve already slain bigger dragons than the SEC, and they can afford to finance the most expensive litigation on the planet. As a coalition, they’d be the legal equivalent of the Death Star.” Sleep well, Big 12, ACC and SEC leaders.“ This is why I believe the other conferences will eventually come around to the same decision. SEC fans might be majority hayseed morons, but there are still a few lawyers in the South. As a man who grew up in the Grass Seed Capital of the World, your phraseology is offensive. SEC fans are, by and large, great people. I liked his 2006 College World Series article, but Pat Forde is generally a complete idiot. FOIA would apply to most schools but not all. Tom Mars is a great attorney, but he has been at Walmart corporate a long time. Walmart is not the SEC. I doubt that they would be treated the same or even similarly. If a Plaintiff is pitching a case to a jury composed mostly of SEC fans, are those jurors really going to ding their school or the conference? I doubt it. If you could get a case against an SEC school that crossed state lines to let's say Illinois, New Mexico, New York, Oklahoma or Virginia. I think that a Plaintiff could make hay in one of those jurisdictions. I’m sorry if you were offended, wilky, but my post wasn’t directed at you. You should read some of the stuff SEC fans are saying on social media or sports talk radio. Some pretty crazy hot takes out there right now.
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Post by wilkyisdashiznit on Aug 13, 2020 11:34:49 GMT -8
Sounds like if you are headed to medical school, the specialty of choice might be cardiologist. This is the type of stuff that makes liability wavers and parents come into play and that might outweigh the influence of the coaches and their teams. Liability waivers are virtually unenforceable. They would require an horrendously detailed disclaimer that would include information we don't have. In twenty years, maybe. Liability waivers are enforced all of the time in the corporate world. They are generally unenforceable against individuals, because they involve multiple parties with unequal access to information. A company is in a much better position to know and foresee risk than an individual. An individual can be unaware that asbestos will cause abestosis or mesothelioma, but a company who works with asbestos and has worked with asbestos for decades can have knowledge superior to the individual. A company that works in the tobacco industry can know about all the potential side effects of exposure to the tobacco plant and leaves, etc. and may have known about potential side effects for decades. A novel virus with known risks that are eminently public? This is the kind of thing that a liability waiver is made for. That said, I think it would be more likely to fly in a professional setting than at the college level. Having said that, the American sport system is such a un-capitalistic cabal. The monopolistic control that the MLB, NBA, NCAA and NFL exert lends itself to multiple big time lawsuits. I still think that American sports would be greatly improved, if someone could break up the monopolies. Maybe coronavirus will help to overhaul the current system and will lead to something better.
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Post by wilkyisdashiznit on Aug 13, 2020 11:45:06 GMT -8
As a man who grew up in the Grass Seed Capital of the World, your phraseology is offensive. SEC fans are, by and large, great people. I liked his 2006 College World Series article, but Pat Forde is generally a complete idiot. FOIA would apply to most schools but not all. Tom Mars is a great attorney, but he has been at Walmart corporate a long time. Walmart is not the SEC. I doubt that they would be treated the same or even similarly. If a Plaintiff is pitching a case to a jury composed mostly of SEC fans, are those jurors really going to ding their school or the conference? I doubt it. If you could get a case against an SEC school that crossed state lines to let's say Illinois, New Mexico, New York, Oklahoma or Virginia. I think that a Plaintiff could make hay in one of those jurisdictions. I’m sorry if you were offended, wilky, but my post wasn’t directed at you. You should read some of the stuff SEC fans are saying on social media or sports talk radio. Some pretty crazy hot takes out there right now. I know. Having baled and bucked my fair share of hay, I am not a huge fan of the term "hayseed." And I know a lot of Florida, Kentucky, South Carolina and Tennessee fans, and I would not call any of them "hayseeds." One of my old assistants was a law and order Democrat from Nebraska. Flash forward two years, and she is now a Republican and all over social media talking about how Nebraska needs to leave the Big Ten and rejoin the Big 12. And the majority of the Nebraska fans that I have spoken with are of the same mindset. These are weird times.
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Post by sagebrush on Aug 13, 2020 11:54:36 GMT -8
If I was a Big 12 fan, I would tell Nebraska to pound sand. You made your choice, and your situation is what it is. Deal with it. Same with Colorado and aTm if they come begging.
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Post by wilkyisdashiznit on Aug 13, 2020 12:13:50 GMT -8
If I was a Big 12 fan, I would tell Nebraska to pound sand. You made your choice, and your situation is what it is. Deal with it. Same with Colorado and aTm if they come begging. Texas A&M would be foolish to leave the SEC. Nebraska would be almost as foolish to leave the Big Ten. Limited short-term benefit in exchange for a long-term loss. Colorado's decision to leave the Big 12 has not paid off. They are the ones that I could see trying to come back in. I am not sure that the Big 12 would want them back.
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Post by orangeattack on Aug 13, 2020 12:15:42 GMT -8
If I was a Big 12 fan, I would tell Nebraska to pound sand. You made your choice, and your situation is what it is. Deal with it. Same with Colorado and aTm if they come begging. Returning marquee names to the conference elevates the overall status. To turn those schools away if they were to attempt a return would be cutting off the nose to spite the face, if there's a chance that it's a permanent reorganization.
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Post by jdogge on Aug 13, 2020 12:32:34 GMT -8
Liability waivers are virtually unenforceable. They would require an horrendously detailed disclaimer that would include information we don't have. In twenty years, maybe. Liability waivers are enforced all of the time in the corporate world. They are generally unenforceable against individuals, because they involve multiple parties with unequal access to information. A company is in a much better position to know and foresee risk than an individual. An individual can be unaware that asbestos will cause abestosis or mesothelioma, but a company who works with asbestos and has worked with asbestos for decades can have knowledge superior to the individual. A company that works in the tobacco industry can know about all the potential side effects of exposure to the tobacco plant and leaves, etc. and may have known about potential side effects for decades. A novel virus with known risks that are eminently public? This is the kind of thing that a liability waiver is made for. That said, I think it would be more likely to fly in a professional setting than at the college level. Having said that, the American sport system is such a un-capitalistic cabal. The monopolistic control that the MLB, NBA, NCAA and NFL exert lends itself to multiple big time lawsuits. I still think that American sports would be greatly improved, if someone could break up the monopolies. Maybe coronavirus will help to overhaul the current system and will lead to something better. The United States is an uncapitalistic cabal. We are run by a global oligarchy.
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Post by beaver55to7 on Aug 16, 2020 13:52:00 GMT -8
Apparently this study is garbage. Doctors with no dog in the hunt say it should be withdrawn.
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Post by zeroposter on Aug 16, 2020 14:44:36 GMT -8
Apparently this study is garbage. Doctors with no dog in the hunt say it should be withdrawn. A flawed study. However, a good alert. The problem becomes that one side or the other accepts such studies as the absolute fact.
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Post by Werebeaver on Aug 16, 2020 14:58:44 GMT -8
Liability waivers are enforced all of the time in the corporate world. They are generally unenforceable against individuals, because they involve multiple parties with unequal access to information. A company is in a much better position to know and foresee risk than an individual. An individual can be unaware that asbestos will cause abestosis or mesothelioma, but a company who works with asbestos and has worked with asbestos for decades can have knowledge superior to the individual. A company that works in the tobacco industry can know about all the potential side effects of exposure to the tobacco plant and leaves, etc. and may have known about potential side effects for decades. A novel virus with known risks that are eminently public? This is the kind of thing that a liability waiver is made for. That said, I think it would be more likely to fly in a professional setting than at the college level. Having said that, the American sport system is such a un-capitalistic cabal. The monopolistic control that the MLB, NBA, NCAA and NFL exert lends itself to multiple big time lawsuits. I still think that American sports would be greatly improved, if someone could break up the monopolies. Maybe coronavirus will help to overhaul the current system and will lead to something better. The United States is an uncapitalistic cabal. We are run by a global oligarchy.
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Post by spudbeaver on Aug 16, 2020 15:05:35 GMT -8
Apparently this study is garbage. Doctors with no dog in the hunt say it should be withdrawn. A flawed study. However, a good alert. The problem becomes that one side or the other accepts such studies as the absolute fact. Period.
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billsaab
Freshman
Retired. Live in SW Washington on 73/4 Acres.
Posts: 589
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Post by billsaab on Aug 16, 2020 15:13:05 GMT -8
We Lloyd there are two sides. Seems people who want things open are Being insulted. The fear mongers talk loud like Antifa types. The crap going on is not helping. I am tired of living in a place where we have lost our freedoms. Enough.
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Post by jdogge on Aug 16, 2020 16:52:32 GMT -8
The United States is an uncapitalistic cabal. We are run by a global oligarchy. Princeton University. Here. And, anyone with any training in economics.
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Post by lebaneaver on Aug 16, 2020 17:12:21 GMT -8
We Lloyd there are two sides. Seems people who want things open are Being insulted. The fear mongers talk loud like Antifa types. The crap going on is not helping. I am tired of living in a place where we have lost our freedoms. Enough. In English next time...please. You've lost your freedoms because....? Mask? Can't be entertained by football players? WHAT freedoms are you referring to? "Antifa types? What/who?
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Post by Werebeaver on Aug 16, 2020 17:39:21 GMT -8
Princeton University. Here. And, anyone with any training in economics. Well it's no surprise, and certainly nothing new, that wealthy individuals and business interests have disproportionate influence in politics. When exactly was that not the case? And you don't exactly need "training in economics" to see it.
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