(11-09-2019 04:06 PM)TIGERCITY Wrote:  

(11-09-2019 03:42 PM)BigTigerMike Wrote:  A lot of NCAA bylaws are intentionally ambiguous so they can pick and choose when and to whom to enforce it against. Somebody is finally standing up to this crap

Problem is you cant do that an expect to get away with it in court. *Ambiguous language in a contract is always construed against the drawer of that written agreement.* That is, if there are two or more ways to read ambiguous language it is read in a way that most favors the innocent party. This is a NCAA document -- they drew it.

Definitely true with government contracts. Always favors the contractors.....

(11-09-2019 02:49 PM)CUSA_NEWS Wrote:  NCAA best be ready for what's to come!

As I said, the NCAA is in a pile of sh!t and they don’t have shoes for it.

WHEN Wiseman wins this case it will open the floodgates.

Times have changed and most people believe the NCAA does more to harm “student athletes” then protect them...and they’re right.

So the NCAA didn't receive any "new" information yet simply decided to change their interpretation. That won't fly in court.....

(11-09-2019 05:33 PM)CUSA_NEWS Wrote:  So the NCAA didn't receive any "new" information yet simply decided to change their interpretation. That won't fly in court.....

The damning statement is them admitting their error but telling Wiseman they will go ahead and honor his eligibility then renege on that. love to be there when they twist themselves trying to explain that

(11-09-2019 03:04 PM)BinghamptonNed Wrote:  

(11-09-2019 03:01 PM)macgar32 Wrote:  I am not normally a conspiracy theorist....

But this sure feels very targeted and timed exactly to a point when nothing else could be done.

No opportunity to pay the money back or anything.

The NCAA is a non profit organization dedicated to preserving the interests of student atheletes, do you think they will get the benefit of the doubt in court?

NCAA is also controlled by establishment coaches threatened by someone who didn't serve the "made men" by recruiting for them, or carrying their water, or anything (crudely represented by shills like Dakich). Aka, the rivals for Penny's recruits.

(11-09-2019 05:33 PM)CUSA_NEWS Wrote:  So the NCAA didn't receive any "new" information yet simply decided to change their interpretation. That won't fly in court.....

.
The irony of this case about a booster providing inadmissible benefits, to me, is that one plausible explanation for the dramatic NCAA turnaround is exactly that -- boosters, possibly from a neighboring state, greasing some palms in Indianapolis. I can't really think of too many other reasons someone would step out on thin ice like that with no new evidence and a written promise that they wouldn't do it. It would never be proven, but something caused them to step across that line with, what looks to me like, only a possible pair in the hole.

Remember, this is simply the complaint.

(11-09-2019 06:20 PM)fishman6581 Wrote:  Remember, this is simply the complaint.

Tell pop-pop we're rooting for him.

Cornell Law School:

Breach of Implied Covenant of Good Faith and Fair Dealing -

“An implied obligation that assumes that the parties to a contract will act in good faith and deal fairly with one another without breaking their word, using shifty means to avoid obligations, or denying what the other party obviously understood“



Wiseman has a case here

(11-09-2019 06:20 PM)fishman6581 Wrote:  Remember, this is simply the complaint.

Are you saying it may not be 100% accurate?

Naw That’s not what he’s saying. He might be saying this, tho

In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief).

(11-09-2019 06:33 PM)macgar32 Wrote:  

(11-09-2019 06:20 PM)fishman6581 Wrote:  Remember, this is simply the complaint.

Are you saying it may not be 100% accurate?

I think he is saying it is not 100% comprehensive, there is more.

(11-09-2019 06:47 PM)kabluey Wrote:  

(11-09-2019 06:33 PM)macgar32 Wrote:  

(11-09-2019 06:20 PM)fishman6581 Wrote:  Remember, this is simply the complaint.

Are you saying it may not be 100% accurate?

I think he is saying it is not 100% comprehensive, there is more.

I am certain he knows...Without a doubt what is going on. I hope the remainder of the information is in our favor as well

Interesting

But yes

As many lawyers have been pointing out here, it seems the strongest Memphis arguments are the definition of booster and the estoppel point the detrimental reliance

None of which mean anything if the NCAA is firm on strict adherence. But that is the point here, to allow them to do that is indeed arbitrary. Sometimes they do and sometimes they don’t

(11-09-2019 03:10 PM)CUSA_NEWS Wrote:  This is all about trying to damage the brand. It has already caused Jalen Green to push back his announcement.

Arbitrary interpretation of "rules" will be picked apart, masticated and devoured by the attorneys. Get em!

Correct on Jalen

Sent from my SM-N975U using Tapatalk

Wiseman will play or the NCAA will pay. One of those two things is going to happen.

I think the NCAA, in their own stupidity, WAS told about the payment, but didn’t remember about Penny’s donation in 2008, until after they granted eligibility. SOMEBODY (from kansass or kensucky) got butthurt and “reminded” the NCAA, and so they sent the “oh we were wrong, but we’ll let it go” letter. More butthurt ensued, and now we find ourselves here. This is only my opinion, but it fits the narrative and the NCAAs incompetence.

(11-09-2019 07:38 PM)BengalBurger Wrote:  I think the NCAA, in their own stupidity, WAS told about the payment, but didn’t remember about Penny’s donation in 2008, until after they granted eligibility. SOMEBODY (from kansass or kensucky) got butthurt and “reminded” the NCAA, and so they sent the “oh we were wrong, but we’ll let it go” letter. More butthurt ensued, and now we find ourselves here. This is only my opinion, but it fits the narrative and the NCAAs incompetence.

How will the NCAA get past them telling Wiseman they made an error in declaring him eligible but that they will still honor his eligibility then reverse themselves?

(11-09-2019 07:48 PM)BigTigerMike Wrote:  

(11-09-2019 07:38 PM)BengalBurger Wrote:  I think the NCAA, in their own stupidity, WAS told about the payment, but didn’t remember about Penny’s donation in 2008, until after they granted eligibility. SOMEBODY (from kansass or kensucky) got butthurt and “reminded” the NCAA, and so they sent the “oh we were wrong, but we’ll let it go” letter. More butthurt ensued, and now we find ourselves here. This is only my opinion, but it fits the narrative and the NCAAs incompetence.

How will the NCAA get past them telling Wiseman they made an error in declaring him eligible but that they will still honor his eligibility then reverse themselves?

That’s my favorite part- The NCAA thought we would just bend over and take it again. They bluffed because of the butthurt, and we are calling them on it. And I think we have a great case. Of course, they’ll be gunning for us the next few years.

(11-09-2019 07:57 PM)BengalBurger Wrote:  

(11-09-2019 07:48 PM)BigTigerMike Wrote:  

(11-09-2019 07:38 PM)BengalBurger Wrote:  I think the NCAA, in their own stupidity, WAS told about the payment, but didn’t remember about Penny’s donation in 2008, until after they granted eligibility. SOMEBODY (from kansass or kensucky) got butthurt and “reminded” the NCAA, and so they sent the “oh we were wrong, but we’ll let it go” letter. More butthurt ensued, and now we find ourselves here. This is only my opinion, but it fits the narrative and the NCAAs incompetence.

How will the NCAA get past them telling Wiseman they made an error in declaring him eligible but that they will still honor his eligibility then reverse themselves?

That’s my favorite part- The NCAA thought we would just bend over and take it again. They bluffed because of the butthurt, and we are calling them on it. And I think we have a great case. Of course, they’ll be gunning for us the next few years.

They've been gunning for us since the beginning of time so we should be used to it. I sure hope everything Penny is doing is on the up and up, though, because they'll definitely have a major chubby for us regardless of how this plays out.