CUSA_NEWS
Heisman
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RE: Richard G Johnson - College Athlete Rights advocate/lawyer says Wiseman has a case
Bilas responds. Claims he's "rooting" for James yet has not used his platform to present such a claim...
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11-13-2019 04:40 PM |
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CUSA_NEWS
Heisman
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Richard G Johnson - College Athlete Rights advocate/lawyer says Wiseman has a case
He's on their ass...
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11-13-2019 04:51 PM |
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Stammers
Legend
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RE: Richard G Johnson - College Athlete Rights advocate/lawyer says Wiseman has a case
Quote:The exception is that "if it is determined that the same benefit is generally available to the institution's prospective students or their family members or friends or to a particular segment of the student body … determined on a basis unrelated to athletics ability."
I have brought this up in a couple of threads with little or no response. IMO, this is possibly the key point in all of it. UNC had fraudulent classes given to their players, but some of these classes were available to the general student population. That is how they got off.
IF Penny can prove that he gave financial aid to regular students and to players that were not close to D1 caliber, that ended up at other schools or no D1 schools, that should seal the deal. Considering that Wiseman was not even on our radar, Jeffries signed with Kentucky, Lomax signed with Wichita State, and Boyce with UAB; that should further cement it.
We won't win by trying to argue that Penny isn't a booster; nor should we have to. The actions helped other schools, every school except Memphis. Penny's actions helped recruitable D1 prospects as well as prospects that were not good enough to play D1 basketball.
Penny became Lomax's de facto guardian and he helped Wiseman's mother. All he has to do is prove that he helped others and that's that.
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11-13-2019 04:59 PM |
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BartlettTigerFan
Have gun Will travel
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RE: Richard G Johnson - College Athlete Rights advocate/lawyer says Wiseman has a case
I think the lack of response is because you said it really well and everybody agrees with you. I certainly do. Consider this a high five. :)
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11-13-2019 05:06 PM |
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ncrdbl1
Legend
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RE: Richard G Johnson - College Athlete Rights advocate/lawyer says Wiseman has a case
(11-10-2019 12:27 AM)BigTigerMike Wrote: This is from his twitter feed one hour ago. I posted it Here for convenience
Quote:Attorney Richard Gibbs Johnson, founder of the law firm of Richard G. Johnson Co., L.P.A. in 1990, is a leading practitioner in the area of plaintiffs' legal malpractice and related legal ethics and professional responsibility issues.
Practice Areas:
Legal Malpractice
College Athlete Right to Counsel Cases
Disqualification
Fee Disputes
Judicial Ethics & Conduct
Legal Ethics & Professional Responsibility
Sanctions
Sports Agent Malpractice
UCC Articles 3 & 4 (fiduciary forged check issues)
1/ James Wiseman is eligible to play, Coach Penny Hardaway is not a booster, and University of Memphis President M. David Rudd and Athletic Director Laird Veatch are taking an unusual stance--they're doing the right thing for James, Penny, and the school!
2/ Under the NCAA Constitution, only President Rudd can determine whether James is eligible—not the NCAA, which tries to bully and intimidate its members to do what it says, but President Rudd has told them to pound salt. So James IS eligible unless and until he says he's not.
3/ James is not alleged to have done anything wrong. James' mother is alleged to have accepted financial help to move her family from James' high school coach, who was Penny Hardaway. That is not illegal, immoral, or wrong. Instead, it was a charitable act by Penny.
4/ Penny was not a booster, which is defined in part as a person who has "made financial contributions to the athletics department or to an athletics booster organization of that institution," because he gave to neither. He was also not listed as a booster by the University.
5/ In 2008, Penny gave a tax-deductible million dollar donation to the University of Memphis, a charitable non-profit 501©(3), for a sports hall of fame, of which he would be in first as a star Tigers BB player and then as a star NBA player. It was a very good deed by Penny.
6/ Even if he had been labeled a booster, under NCAA bylaws, that designation is either "presumed" or "indefinite," as there are two competing definitions, neither of which has defined thresholds or parameters. So a $1 contribution is the same as a $1MM one.
7/ Also, since no one stays in any man-made category forever, which factors are to be considered in determining when a booster status expires is unstated? Without a threshold and duration, there is no enforceable definition, which is construed against the NCAA by a court.
8/ Boosters can only violate NCAA bylaw chapters 13 on recruiting and 16 on benefits for enrolled athletes. Penny was a high school coach, when he gave a high school player's mother money to help with moving costs, so even if he was a booster, neither of these would apply.
9/ James is black and a projected first-round draft pick. Penny is black and has had a great career, plus we need more black college BB coaches. Why is the NCAA attacking James' mother and his coach, when one needed financial help, and the other was kind enough to give it? Why?
10/ Both James, Penny, and the University have actionable claims against the NCAA for breach of contract and tortious interference with contract. James' mother has a claim for invasion of privacy. Any claims will be tried in state court in Memphis. The NCAA would get hammered.
11/ The NCAA is evil personified at the most petty level. They have attacked a fine young man, his mother, and a splendid coach, who have done nothing in the least bit wrong. President Rudd and AD Veatch should be applauded and thanked for recognizing the equities here. Courage!
Did you actually think that a college athlete advocate would come out and say that Wiseman did NOT have a good case????
IT IS HIS JOB TO PUSH THE STUDENT-ATHLETE OVER THE NCAA.
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11-13-2019 05:11 PM |
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bobby jo
2nd String
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RE: Richard G Johnson - College Athlete Rights advocate/lawyer says Wiseman has a case
(11-13-2019 05:11 PM)ncrdbl1 Wrote: (11-10-2019 12:27 AM)BigTigerMike Wrote: This is from his twitter feed one hour ago. I posted it Here for convenience
Quote:Attorney Richard Gibbs Johnson, founder of the law firm of Richard G. Johnson Co., L.P.A. in 1990, is a leading practitioner in the area of plaintiffs' legal malpractice and related legal ethics and professional responsibility issues.
Practice Areas:
Legal Malpractice
College Athlete Right to Counsel Cases
Disqualification
Fee Disputes
Judicial Ethics & Conduct
Legal Ethics & Professional Responsibility
Sanctions
Sports Agent Malpractice
UCC Articles 3 & 4 (fiduciary forged check issues)
1/ James Wiseman is eligible to play, Coach Penny Hardaway is not a booster, and University of Memphis President M. David Rudd and Athletic Director Laird Veatch are taking an unusual stance--they're doing the right thing for James, Penny, and the school!
2/ Under the NCAA Constitution, only President Rudd can determine whether James is eligible—not the NCAA, which tries to bully and intimidate its members to do what it says, but President Rudd has told them to pound salt. So James IS eligible unless and until he says he's not.
3/ James is not alleged to have done anything wrong. James' mother is alleged to have accepted financial help to move her family from James' high school coach, who was Penny Hardaway. That is not illegal, immoral, or wrong. Instead, it was a charitable act by Penny.
4/ Penny was not a booster, which is defined in part as a person who has "made financial contributions to the athletics department or to an athletics booster organization of that institution," because he gave to neither. He was also not listed as a booster by the University.
5/ In 2008, Penny gave a tax-deductible million dollar donation to the University of Memphis, a charitable non-profit 501©(3), for a sports hall of fame, of which he would be in first as a star Tigers BB player and then as a star NBA player. It was a very good deed by Penny.
6/ Even if he had been labeled a booster, under NCAA bylaws, that designation is either "presumed" or "indefinite," as there are two competing definitions, neither of which has defined thresholds or parameters. So a $1 contribution is the same as a $1MM one.
7/ Also, since no one stays in any man-made category forever, which factors are to be considered in determining when a booster status expires is unstated? Without a threshold and duration, there is no enforceable definition, which is construed against the NCAA by a court.
8/ Boosters can only violate NCAA bylaw chapters 13 on recruiting and 16 on benefits for enrolled athletes. Penny was a high school coach, when he gave a high school player's mother money to help with moving costs, so even if he was a booster, neither of these would apply.
9/ James is black and a projected first-round draft pick. Penny is black and has had a great career, plus we need more black college BB coaches. Why is the NCAA attacking James' mother and his coach, when one needed financial help, and the other was kind enough to give it? Why?
10/ Both James, Penny, and the University have actionable claims against the NCAA for breach of contract and tortious interference with contract. James' mother has a claim for invasion of privacy. Any claims will be tried in state court in Memphis. The NCAA would get hammered.
11/ The NCAA is evil personified at the most petty level. They have attacked a fine young man, his mother, and a splendid coach, who have done nothing in the least bit wrong. President Rudd and AD Veatch should be applauded and thanked for recognizing the equities here. Courage!
Did you actually think that a college athlete advocate would come out and say that Wiseman did NOT have a good case????
IT IS HIS JOB TO PUSH THE STUDENT-ATHLETE OVER THE NCAA.
Well if you were a respectable attorney you would only insert your opinion into a case that otherwise you have no connection to only if your opinion was based on good legal standing and precedent...
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11-13-2019 05:39 PM |
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Joe1
Larry's Friend
Posts: 10,759
Joined: Oct 2011
I Root For: Memphis Tigers
Location: Memphis
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RE: Richard G Johnson - College Athlete Rights advocate/lawyer says Wiseman has a case
(11-13-2019 05:11 PM)ncrdbl1 Wrote: (11-10-2019 12:27 AM)BigTigerMike Wrote: This is from his twitter feed one hour ago. I posted it Here for convenience
Quote:Attorney Richard Gibbs Johnson, founder of the law firm of Richard G. Johnson Co., L.P.A. in 1990, is a leading practitioner in the area of plaintiffs' legal malpractice and related legal ethics and professional responsibility issues.
Practice Areas:
Legal Malpractice
College Athlete Right to Counsel Cases
Disqualification
Fee Disputes
Judicial Ethics & Conduct
Legal Ethics & Professional Responsibility
Sanctions
Sports Agent Malpractice
UCC Articles 3 & 4 (fiduciary forged check issues)
1/ James Wiseman is eligible to play, Coach Penny Hardaway is not a booster, and University of Memphis President M. David Rudd and Athletic Director Laird Veatch are taking an unusual stance--they're doing the right thing for James, Penny, and the school!
2/ Under the NCAA Constitution, only President Rudd can determine whether James is eligible—not the NCAA, which tries to bully and intimidate its members to do what it says, but President Rudd has told them to pound salt. So James IS eligible unless and until he says he's not.
3/ James is not alleged to have done anything wrong. James' mother is alleged to have accepted financial help to move her family from James' high school coach, who was Penny Hardaway. That is not illegal, immoral, or wrong. Instead, it was a charitable act by Penny.
4/ Penny was not a booster, which is defined in part as a person who has "made financial contributions to the athletics department or to an athletics booster organization of that institution," because he gave to neither. He was also not listed as a booster by the University.
5/ In 2008, Penny gave a tax-deductible million dollar donation to the University of Memphis, a charitable non-profit 501©(3), for a sports hall of fame, of which he would be in first as a star Tigers BB player and then as a star NBA player. It was a very good deed by Penny.
6/ Even if he had been labeled a booster, under NCAA bylaws, that designation is either "presumed" or "indefinite," as there are two competing definitions, neither of which has defined thresholds or parameters. So a $1 contribution is the same as a $1MM one.
7/ Also, since no one stays in any man-made category forever, which factors are to be considered in determining when a booster status expires is unstated? Without a threshold and duration, there is no enforceable definition, which is construed against the NCAA by a court.
8/ Boosters can only violate NCAA bylaw chapters 13 on recruiting and 16 on benefits for enrolled athletes. Penny was a high school coach, when he gave a high school player's mother money to help with moving costs, so even if he was a booster, neither of these would apply.
9/ James is black and a projected first-round draft pick. Penny is black and has had a great career, plus we need more black college BB coaches. Why is the NCAA attacking James' mother and his coach, when one needed financial help, and the other was kind enough to give it? Why?
10/ Both James, Penny, and the University have actionable claims against the NCAA for breach of contract and tortious interference with contract. James' mother has a claim for invasion of privacy. Any claims will be tried in state court in Memphis. The NCAA would get hammered.
11/ The NCAA is evil personified at the most petty level. They have attacked a fine young man, his mother, and a splendid coach, who have done nothing in the least bit wrong. President Rudd and AD Veatch should be applauded and thanked for recognizing the equities here. Courage!
Did you actually think that a college athlete advocate would come out and say that Wiseman did NOT have a good case????
IT IS HIS JOB TO PUSH THE STUDENT-ATHLETE OVER THE NCAA.
Do you miss josh
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11-13-2019 05:46 PM |
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mairving
Ignant Homer
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Richard G Johnson - College Athlete Rights advocate/lawyer says Wiseman has a case
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11-13-2019 08:48 PM |
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BandwagonJumper
First name Greatest, Last name Ever
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RE: Richard G Johnson - College Athlete Rights advocate/lawyer says Wiseman has a case
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11-13-2019 08:56 PM |
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bobby jo
2nd String
Posts: 346
Joined: Jan 2014
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I Root For: memphis
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RE: Richard G Johnson - College Athlete Rights advocate/lawyer says Wiseman has a case
Infamous porn star lawyer Michael Avenatti was charged by a grand jury today:
I vaguely remember he was indicted in a couple of states, and I believe was trying to extort money from Nike or some of its schools because he claimed he had evidence of pay to play corruption....
If i’m not mistaken I think Duke and Zion might have been among his claims
I remember somewhere along that time was the shoe blowout on a nationally televised game
Also Nike’s CEO Mark Parker stepped down recently
Then you have the recent FBI investigations involving the shoe companies and their reps paying for players....
I wonder how they were able to record those calls and what if during an investigation the FBI became privy to a coordinated crime against an individual there responsibility to that victim
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11-13-2019 09:57 PM |
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snowtiger
Hall of Flamers
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RE: Richard G Johnson - College Athlete Rights advocate/lawyer says Wiseman has a case
(11-13-2019 04:51 PM)CUSA_NEWS Wrote: He's on their ass...
Bilas litigates...? who knew.
Bilas received his J.D. degree from Duke University School of Law in 1992. He is currently Of Counsel to the Charlotte office of Moore & Van Allen, where he maintains a litigation practice.
"Bilas most notably worked on the case Lyons Partnership v. Morris Costumes, Inc., where he successfully defended the costume business against trademark and copyright claims brought by owners of the popular children's television character Barney the Dinosaur."
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11-14-2019 12:25 PM |
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RandyW_Class83
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RE: Richard G Johnson - College Athlete Rights advocate/lawyer says Wiseman has a case
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11-15-2019 01:39 PM |
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TwoTimeTiger
Special Teams
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RE: Richard G Johnson - College Athlete Rights advocate/lawyer says Wiseman has a case
(11-15-2019 01:39 PM)RandyW_Class83 Wrote: https://247sports.com/college/memphis/Ar...138592737/
Dang, this Richard Johnson guy certainly isn't afraid to speak out. Doesn't seem like he is a Coach Cal fan either.
I hope his mal-practice insurance is paid up. Cal may sue him.
Not a good idea to spout in public that Cal did this or that. Especially if you are an attorney bound by the Professional Rules of Conduct.
just my opinion.
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11-15-2019 01:59 PM |
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snowtiger
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RE: Richard G Johnson - College Athlete Rights advocate/lawyer says Wiseman has a case
I don't think Cal wants anybody looking into his biz... no matter what the reason.
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11-15-2019 02:17 PM |
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Tiger87
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RE: Richard G Johnson - College Athlete Rights advocate/lawyer says Wiseman has a case
(11-15-2019 01:59 PM)TwoTimeTiger Wrote: (11-15-2019 01:39 PM)RandyW_Class83 Wrote: https://247sports.com/college/memphis/Ar...138592737/
Dang, this Richard Johnson guy certainly isn't afraid to speak out. Doesn't seem like he is a Coach Cal fan either.
I hope his mal-practice insurance is paid up. Cal may sue him.
Not a good idea to spout in public that Cal did this or that. Especially if you are an attorney bound by the Professional Rules of Conduct.
just my opinion.
Nah, he was careful to say "he didn't know who" - he said it "could" be Cal, since he has motive.
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11-15-2019 02:18 PM |
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RekeHavoc
#DoIt4Dez
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RE: Richard G Johnson - College Athlete Rights advocate/lawyer says Wiseman has a case
Did he ever mention Cal specifically by name? I only saw him refer to UK in general.
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11-15-2019 03:37 PM |
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gusrob
Heisman
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RE: Richard G Johnson - College Athlete Rights advocate/lawyer says Wiseman has a case
(11-15-2019 02:17 PM)snowtiger Wrote: I don't think Cal wants anybody looking into his biz... no matter what the reason.
Agree. Barney Fife or whatever the name of that coach is out east. Barney Rubble. Sticky Barnes?
Boooowen?
Coach K? Since he's above the rules and all.
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11-15-2019 03:39 PM |
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