http://www.southbendtribune.com/news/edu...mode=story

If ND signed a non-disclosure agreement with the ACC or the Big East or the Big Ten in the past, do they have to comply with the subpoena?


http://sportsillustrated.cnn.com/footbal...me_bigten/

(04-10-2014 10:43 PM)CrazyPaco Wrote:  http://www.southbendtribune.com/news/edu...mode=story

Maybe Pitt and Syracuse should fight it on the same grounds?

Nice try by the Notre Dame lawyers, but the motion will be denied unless they can convince a judge discussions with ESPN and the ACC are trade secret. Last time I looked Maryland isn't looking to find the secret receipe to KFC.

(04-11-2014 07:17 AM)CliftonAve Wrote:  Nice try by the Notre Dame lawyers, but the motion will be denied unless they can convince a judge discussions with ESPN and the ACC are trade secret. Last time I looked Maryland isn't looking to find the secret receipe to KFC.

Are you an attorney Clifton? I know we have several on this board.

(04-11-2014 05:18 AM)Hokie Mark Wrote:  

(04-10-2014 10:43 PM)CrazyPaco Wrote:  http://www.southbendtribune.com/news/edu...mode=story

Maybe Pitt and Syracuse should fight it on the same grounds?

Pitt's chancellor is a lawyer. The head of Pitt's legal team and chief legal counsel was an executive vice chancellor who has essentially overseen athletics. Both lawyers heavily attuned to athletics and conferences machinations. Whatever Pitt does, I'm pretty confident it knows what it is doing from a legal point of view.

(04-11-2014 07:17 AM)CliftonAve Wrote:  Nice try by the Notre Dame lawyers, but the motion will be denied unless they can convince a judge discussions with ESPN and the ACC are trade secret. Last time I looked Maryland isn't looking to find the secret receipe to KFC.

Attorneys filed the motion to quash the subpoena last month in the St. Joseph Circuit Court.


That is St. Joseph County, Indiana., the county were ND is located.

You see, a state court in North Carolina has no subpoena power beyond the North Carolina borders.

To subpoena documents from a non-party to a lawsuit in another state, you have to issue letters rogatory to the other state court (in this case in St. Joseph County, Indiana) and have the court in that other state enforce (or not) the subpoena.

ND has a pretty good argument that the subpoena is a fishing expedition regarding a school that is not a party to the lawsuit, was not a member of the conference until eight months after the lawsuit was filed, asks for documents readily available from public or other sources and asks for documents that seem to be unrelated or not relevant to the ACC/Maryland lawsuit.

The broader the subpoena to a non-party, especially a private entity, the more likely a court will consider it a fishing expedition and deny enforcement of the subpoena.

You really have to hand it to the Maryland legal team. They are doing their best to run up as big a fee as possible.
It's no wonder that the Maryland athletic department is in such poor financial shape, those folks just don't know when it's best to cut their losses and move on.

Maryland, pay me your got damn money!

I hate Maryland