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Nebraska parents to file lawsuit

If you were going to file a lawsuit to try and force a season, where are you going to get the most support? UNC and the families of their team and the 3000 people that attend their games (just making that up). In a state that doesn't show any support for their college programs? Or a state with a rabid fanbase, the BIG money being lost and national following?

Coming out supporting the decision in the Big Sky may also be the result of being told how the decision was arrived at for the conference. Fighting for his son (micro level) on a national stage can set the precedent for his program and conference (macro level). No hypocrisy there whatsoever. Good game planning.
You have a good point about UNC. However, that is the team he coaches, so he should be fighting on their behalf just as strenuously. At the conference level, Big Sky teams have 4 of the top 30 attendance averages at the FCS level. While big gaps are seen among those 30, Montana and Montana State were #2 and #6 in attendance. Relative to the sizes of those towns, not having football will hit them pretty hard.
 
The letter wasn't exactly wrote the best. Very amateur like. But my guess is the McCaffery's feel if they don't play in the fall then they don't play at all. Playing a season starting in January in Minnesota, Wisconsin, iowa..... Flying teams to Detroit or Minneapolis or Indianapolis to play in empty stadiums? Sounds realistic.

The reason I hate this decision so much is because I always tell my kids don't give up until you at least try. Warren never tried. Which is weird that he would quit so easily when you read his life story. He's supposed to be a fighter who never quits.
 
The letter wasn't exactly wrote the best. Very amateur like. But my guess is the McCaffery's feel if they don't play in the fall then they don't play at all. Playing a season starting in January in Minnesota, Wisconsin, iowa..... Flying teams to Detroit or Minneapolis or Indianapolis to play in empty stadiums? Sounds realistic.

The reason I hate this decision so much is because I always tell my kids don't give up until you at least try. Warren never tried. Which is weird that he would quit so easily when you read his life story. He's supposed to be a fighter who never quits.
What was amateur like? I thought it was well written, but I’m not a lawyer...
 
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The letter wasn't exactly written the best. Very amateur like. But my guess is the McCaffery's feel if they don't play in the fall then they don't play at all. Playing a season starting in January in Minnesota, Wisconsin, Iowa..... Flying teams to Detroit, Minneapolis or Indianapolis to play in empty stadiums? Sounds realistic.

The reason I hate this decision so much is because I always tell my kids don't give up until you at least try. Warren never tried. Which is weird that he would quit so easily when you read his life story. He's supposed to be a fighter who never quits.
FIFY
 
Legal requests are almost never well written and lawyers are almost never well spoken. Its not that big of a deal, they arent trying to convince someone else of agreeing with them, they are trying to compel the other side to act.

Part of the problem is that virtually all lawyers think they write like a combination of James Joyce and Ernest Hemingway. When, in fact, they don't.
 
Part of the problem is that virtually all lawyers think they write like a combination of James Joyce and Ernest Hemingway. When, in fact, they don't.
Its kind of weird, isn't it? Every time I've had a court issue of any kind I've always asked to review/revise a document before its submitted because it seems like they are always full of grammatical errors or weird phrasing. I know it doesn't really matter, but its a pet peeve of mine.
 
Part of the problem is that virtually all lawyers think they write like a combination of James Joyce and Ernest Hemingway. When, in fact, they don't.

their legal representation is out of Norfolk
(Nebraska, not Virginia)

Their lawyer is a politician who knows he can take a few minutes to pen a letter and the state constituency will eat it up

if there was a case to be made at this point, large national law firms would be seeking out plaintiffs
 
It just wasn't what I expected from a letter that will likely be read by millions. It seemed more like the letter was rehashing what happened in the last couple of weeks. I think the big 10 knows all that. Calling Warren out for letting his son play is something I expect on a message board, but not a letter threatening to take legal action that was written/wrote? by an attorney. Just seemed odd to me.
 
It just wasn't what I expected from a letter that will likely be read by millions. It seemed more like the letter was rehashing what happened in the last couple of weeks. I think the big 10 knows all that. Calling Warren out for letting his son play is something I expect on a message board, but not a letter threatening to take legal action that was written/wrote? by an attorney. Just seemed odd to me.
Isn’t that what they have to do? State the obvious, no matter how obvious it is?

I get what your saying, but legalese has always been about specificity no matter how many people already know the facts.
 
What was amateur like? I thought it was well written, but I’m not a lawyer...
I read a lot of legal contracts at work and this one read well in my opinion. I may be a minority here but the B1G litigation team is at a major disadvantage here.

1.filings done in a US Court in the state of Nebraska.

2.the main parents covers two schools.

3. The parents are only asking for more understanding on the decision. Aren’t asking for money or to even reconsider the B1G’s decision. Just basic data that any audit would require. (Minutes, voting records, etc) standard requests of an audit

4. 93% of the conference is public schools so there’s a case that this records should be maid available to the public.

5. If the Warner truly did nothing wrong nor hide anything, then releasing the requested information should not be an issue.

6. Disallowing the parents the information makes the B1G look guilty even if it’s not. If litigation fights to do allow access they will have to give reason on why it would be harmful to the B1G to release the information. And that reasoning can’t be due to negligence on its part or due to fraud. And if there isn’t any wrong doing by the B1G (either it be due to negligence or fraud) then why not have full transparency

Ultimately the B1G would be better off throwing Warner under the bus if there is wrong doing here and just push all the blame on him rather then to try to defend the conference and him in a court when there is wrong doing... again if there is no wrong doing - release the information before noon on Monday and let’s all move on
 
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Isn’t that what they have to do? State the obvious, no matter how obvious it is?

I get what your saying, but legalese has always been about specificity no matter how many people already know the facts.
I don't know. I just thought some of it was neither here nor there. I wouldn't think an attorney would put the stuff about his son. Doesn't seem like that really matters in a legal sense so it kind of makes it look petty to me. I expected it to be more of a statement of why they should play and why the big 10 is wrong and less about what happened. I got to the end and thought, that's it? That's all you got?
 
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Excellent point. These parents should be ashamed. Completely myopic. As is the coach, and apparently, many fans. To those of us in the real world, the histrionics range from hilarious to sad. Unbelievably tone deaf self pity. Moos is under some pressure to placate parents and players, and probably some goofball donors. Its an embarrassment.
Not sure why you would be embarrassed by something happening in Nebraska. There's probably plenty to be embarrassed about with your own team.
 
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if there was a case to be made at this point, large national law firms would be seeking out plaintiffs
who says they're not? Don't lawsuits for damages generally take place after an action has caused a financial loss? Perhaps there will be litigation against the NCAA for their mandates governing playing football this fall. I would think Ohio State would have a very good case.
 
Its kind of weird, isn't it? Every time I've had a court issue of any kind I've always asked to review/revise a document before its submitted because it seems like they are always full of grammatical errors or weird phrasing. I know it doesn't really matter, but its a pet peeve of mine.

When I joined the firm I practiced with for 10 years, I almost immediately strongly suggested that I write all the appellate briefs going forward. I am not Hemingway or Joyce, but my minor at UN-L was English, with an emphasis on creative writing. I'd had a few small pieces published by then. Looking at briefs that had come out of the office before I joined the firm made me cringe. It was all stream of consciousness writing, with no coherent organization. Luckily, the senior partner agreed with my suggestion. I was pretty bad in the courtroom at the beginning, but the briefs coming out of the firm improved from day one..
 
Excellent point. These parents should be ashamed. Completely myopic. As is the coach, and apparently, many fans. To those of us in the real world, the histrionics range from hilarious to sad. Unbelievably tone deaf self pity. Moos is under some pressure to placate parents and players, and probably some goofball donors. Its an embarrassment.
Why exactly should the parents be “ashamed” ? Because they want a better understanding of leaderships decisions that impacted their kids lives? Do you think basic PTAs meetings are embarrassing?

Parents aren’t asking for compensation or even to reconsider their decision. Parents are asking for a better understanding of the decision because they have contradicting answers on what occurred. That should be something easy to produce and honestly if someone should be embarrassed it should be Mr Warner. These parents shouldn’t need to go through a court system to be allowed the information. And if 93% of the schools are public schools, then shouldn’t such information be allowed under the freedom information act?

Your post reads as if someone who is afraid of the parents uncovering something and making the B1G’s leadership look bad in the public eye. Are you the parent whose afraid to admit their child is a mess up because of what it will look like in the community? Geeze
 
Why exactly should the parents be “ashamed” ? Because they want a better understanding of leaderships decisions that impacted their kids lives? Do you think basic PTAs meetings are embarrassing?

Parents aren’t asking for compensation or even to reconsider their decision. Parents are asking for a better understanding of the decision because they have contradicting answers on what occurred. That should be something easy to produce and honestly if someone should be embarrassed it should be Mr Warner. These parents shouldn’t need to go through a court system to be allowed the information. And if 93% of the schools are public schools, then shouldn’t such information be allowed under the freedom information act?

Your post reads as if someone who is afraid of the parents uncovering something and making the B1G’s leadership look bad in the public eye. Are you the parent whose afraid to admit their child is a mess up because of what it will look like in the community? Geeze

Agree with everything here, but just need to point out that the reason every major conference has a private school as a member is so that they don't have to release all actions or votes under an FOIA request. Its a backstop for them. It's why when the Big12 was formed the conference was deciding between TCU and Baylor for the last spot and not Houston or trying to pry Arkansas away from the SEC.
 
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Agree with everything here, but just need to point out that the reason every major conference has a private school as a member is so that they don't have to release all actions or votes under an FOIA request. Its a backstop for them. It's why when the Big12 was formed the conference was deciding between TCU and Baylor for the last spot and not Houston or trying to pry Arkansas away from the SEC.

thanks for the input. That’s good to know
 
What was amateur like? I thought it was well written, but I’m not a lawyer...
Nobody is mentioning the painfully obvious -- the parents of a bunch of football players have no standing to sue the Big 10 conference because their son doesn't get to play football in the middle of a world-wide pandemic. Any lawsuit that is actually filed will be laughed out of Federal Court, where they have real live legal issues to deal with. What a joke and a waste of time, but it will play well with a percentage of the citizenry.
 
Yeah the lawsuit is more about poor leadship and lies then it is about football. This lawsuit could likely lead to exposure of awful leadership which would force the B1Gs hand of terminating Warner.

I can’t wait until we get to read the minutes and see if their was an actual “vote” of if Warner pulled that out of his ass.
will this be one of those, "we can't find them" moments. We never see or get access to anything that happened during that conference call with all the presidents and Warren.
 
I can’t wait until we get to read the minutes and see if their was an actual “vote” of if Warner pulled that out of his ass.

if there was no actual vote then that puts the chancellor of the Nebraska in a very precarious position - not much ambiguity in his statement - there was either a vote or he (Green) is outright lying

 
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Nobody is mentioning the painfully obvious -- the parents of a bunch of football players have no standing to sue the Big 10 conference because their son doesn't get to play football in the middle of a world-wide pandemic. Any lawsuit that is actually filed will be laughed out of Federal Court, where they have real live legal issues to deal with. What a joke and a waste of time, but it will play well with a percentage of the citizenry.
Like these "real live legal issues". You must not have been paying attention the last 20+ years. People can and win dumb lawsuits all the time. Here are few for your viewing pleasure. Considering the number of people involved, business involved and lives involved. Im sure even an average lawyer will be able to come up with something that sticks in this case. As well as any negative publicity it generates for the B1G. They aren't exactly sitting in a great light as of now. Throw on some lawsuits and it could get bad for the B1G.


A young man of 19 located in Los Angeles, CA was awarded $74,000 (plus medical expenses!) when his neighbor accidentally ran over his hand with his car. The young man was unaware that there was someone behind the wheel of the car…while he was trying to steal the hubcap’s off his neighbor's car!


A woman in Austin, TX was awarded $80,000 after she broke her ankle tripping over a toddler who was running inside a furniture store she was shopping in. The store owners were very surprised by the verdict because the toddler running in the store was the woman’s son

Remember Stella Liebeck who was burned by a hot McDonald’s coffee and was awarded $2.9 million?


 
Like these "real live legal issues". You must not have been paying attention the last 20+ years. People can and win dumb lawsuits all the time. Here are few for your viewing pleasure. Considering the number of people involved, business involved and lives involved. Im sure even an average lawyer will be able to come up with something that sticks in this case. As well as any negative publicity it generates for the B1G. They aren't exactly sitting in a great light as of now. Throw on some lawsuits and it could get bad for the B1G.


A young man of 19 located in Los Angeles, CA was awarded $74,000 (plus medical expenses!) when his neighbor accidentally ran over his hand with his car. The young man was unaware that there was someone behind the wheel of the car…while he was trying to steal the hubcap’s off his neighbor's car!


A woman in Austin, TX was awarded $80,000 after she broke her ankle tripping over a toddler who was running inside a furniture store she was shopping in. The store owners were very surprised by the verdict because the toddler running in the store was the woman’s son

Remember Stella Liebeck who was burned by a hot McDonald’s coffee and was awarded $2.9 million?


seems like it is pretty easy to lose a lawsuit if someone gets medically harmed, even if it is frivolous

and even when the company or institution takes precautions to avoid the injury and the plaintiff is fully aware of the risks - in this case spilling the hot coffee - of injury.

I can’t imagine what might have given the university presidents pause about preceding with the season
 
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Like these "real live legal issues". You must not have been paying attention the last 20+ years. People can and win dumb lawsuits all the time. Here are few for your viewing pleasure. Considering the number of people involved, business involved and lives involved. Im sure even an average lawyer will be able to come up with something that sticks in this case. As well as any negative publicity it generates for the B1G. They aren't exactly sitting in a great light as of now. Throw on some lawsuits and it could get bad for the B1G.


A young man of 19 located in Los Angeles, CA was awarded $74,000 (plus medical expenses!) when his neighbor accidentally ran over his hand with his car. The young man was unaware that there was someone behind the wheel of the car…while he was trying to steal the hubcap’s off his neighbor's car!


A woman in Austin, TX was awarded $80,000 after she broke her ankle tripping over a toddler who was running inside a furniture store she was shopping in. The store owners were very surprised by the verdict because the toddler running in the store was the woman’s son

Remember Stella Liebeck who was burned by a hot McDonald’s coffee and was awarded $2.9 million?

Oh, I've paid attention, having formerly been a lawyer. This one will never get any traction. Ask yourself why the member schools of the conference aren't suing. When they joined the conference, they agreed to be bound by conference decisions. The powers-that-be in the conference have made their decision (rightly or wrongly). It's over and done. And dang I feel bad for these kids. What a shame.
 
Like these "real live legal issues". You must not have been paying attention the last 20+ years. People can and win dumb lawsuits all the time. Here are few for your viewing pleasure. Considering the number of people involved, business involved and lives involved. Im sure even an average lawyer will be able to come up with something that sticks in this case. As well as any negative publicity it generates for the B1G. They aren't exactly sitting in a great light as of now. Throw on some lawsuits and it could get bad for the B1G.


A young man of 19 located in Los Angeles, CA was awarded $74,000 (plus medical expenses!) when his neighbor accidentally ran over his hand with his car. The young man was unaware that there was someone behind the wheel of the car…while he was trying to steal the hubcap’s off his neighbor's car!


A woman in Austin, TX was awarded $80,000 after she broke her ankle tripping over a toddler who was running inside a furniture store she was shopping in. The store owners were very surprised by the verdict because the toddler running in the store was the woman’s son

Remember Stella Liebeck who was burned by a hot McDonald’s coffee and was awarded $2.9 million?


I handled a hail loss at a sanitation company in Colorado Springs in '16... guy who owned it told me he had been broken into a year or two earlier and his alarm alerted him so he goes there in the middle of the night to find his guard dog had gotten ahold of him and tore him up pretty good and you know what happened next...the thief sues the company and wins a very handsome settlement... guy looks me straight in the eyes and said "I broke it up and saved the guys life, if I had it to do over I'd have let (insert dogs name here cause I don't remember) kill the son of a bitch"
 
has Mr McCaffrey obtained a lawyer to draft a letter with the threat of legal action directed toward the Big Sky Conference?
He is the head football coach at Northern Colorado after all.

I can't imagine how many people on this board are outraged about this hypocrisy between how he is approaching this situation on a micro level (his son) versus the approach with regards to the student-athletes he coaches and represents (the macro level)

I believe another parent in a leadership position that had similar discrepancies between how things were handled was referred to in another thread as ... and I quote ...."a f'cking dickwad"
I do know that he and his wife were active early with Michigan. He must not be satisfied that Michigan really wants to play.
 
Oh, I've paid attention, having formerly been a lawyer. This one will never get any traction. Ask yourself why the member schools of the conference aren't suing. When they joined the conference, they agreed to be bound by conference decisions. The powers-that-be in the conference have made their decision (rightly or wrongly). It's over and done. And dang I feel bad for these kids. What a shame.

Surely this is about pressure. You don’t really think there is going to be a lawsuit for monetary damages do you?
 
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their legal representation is out of Norfolk
(Nebraska, not Virginia)

Their lawyer is a politician who knows he can take a few minutes to pen a letter and the state constituency will eat it up

if there was a case to be made at this point, large national law firms would be seeking out plaintiffs


There is no way this Norfolk lawyer ( I don't know anything about him) can litigate a case against a Big 10 Chicago law firm. If this thing goes anywhere in the courtroom the parents will be using a firm out of Omaha.
 
There is no way this Norfolk lawyer ( I don't know anything about him) can litigate a case against a Big 10 Chicago law firm. If this thing goes anywhere in the courtroom the parents will be using a firm out of Omaha.
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Why exactly should the parents be “ashamed” ? Because they want a better understanding of leaderships decisions that impacted their kids lives? Do you think basic PTAs meetings are embarrassing?

Parents aren’t asking for compensation or even to reconsider their decision. Parents are asking for a better understanding of the decision because they have contradicting answers on what occurred. That should be something easy to produce and honestly if someone should be embarrassed it should be Mr Warner. These parents shouldn’t need to go through a court system to be allowed the information. And if 93% of the schools are public schools, then shouldn’t such information be allowed under the freedom information act?

Your post reads as if someone who is afraid of the parents uncovering something and making the B1G’s leadership look bad in the public eye. Are you the parent whose afraid to admit their child is a mess up because of what it will look like in the community? Geeze

You got me. I'm terrified that the B10 cover-up will end up exposed by these brave football Dad's. I've spent a lot of time trying to figure out the conspiracy behind the evil decision to cancel the B10 football season. It's almost like a world-wide pandemic is impacting the US at some level? Surely that can't be the reason? Must be some other self-serving reason, right?
 
You got me. I'm terrified that the B10 cover-up will end up exposed by these brave football Dad's. I've spent a lot of time trying to figure out the conspiracy behind the evil decision to cancel the B10 football season. It's almost like a world-wide pandemic is impacting the US at some level? Surely that can't be the reason? Must be some other self-serving reason, right?
I Read the ESPN article... how hard is it to communicate effectively? The PAC 12 shared their rationale from the get go, even making available the doctors they listened to that shaped their decision. The PAC 12 had a conference call with the coaches the day before pulling the plug and have been communicating from the jump.

The B1G has done nothing of the sort. Why is it so hard to share the information? It sounds like you are saying that because the parents are asking for the most basic information that makes them evil... why is that? Why do they not deserve an answer?
 
I handled a hail loss at a sanitation company in Colorado Springs in '16... guy who owned it told me he had been broken into a year or two earlier and his alarm alerted him so he goes there in the middle of the night to find his guard dog had gotten ahold of him and tore him up pretty good and you know what happened next...the thief sues the company and wins a very handsome settlement... guy looks me straight in the eyes and said "I broke it up and saved the guys life, if I had it to do over I'd have let (insert dogs name here cause I don't remember) kill the son of a bitch"
Yep, getting to the point criminals and thugs have more rights than law abiding citizens.
 
seems like it is pretty easy to lose a lawsuit if someone gets medically harmed, even if it is frivolous

and even when the company or institution takes precautions to avoid the injury and the plaintiff is fully aware of the risks - in this case spilling the hot coffee - of injury.

I can’t imagine what might have given the university presidents pause about preceding with the season
So the universities are not concerned with getting sued from other injuries or illnesses that can happen to a football player due to football. A virus that has close to a 99.9% survival rate for young adults they are terrified of lawsuits? Yeah, makes perfect sense.
 
The big ten is now going to feel the full wrath of the Jewell and Collins law firm out of Norfolk as they bring to bear their vast resources and bury the conference.

 
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The big ten is now going to feel the full wrath of the Jewell and Collins law firm out of Norfolk as they bring to bear their vast resources and bury the conference.

And they won’t unless they have buckets of money. The old saying he who has the gold rules. The big 10 can delay this until the money is gone from the parents
 
And they won’t unless they have buckets of money. The old saying he who has the gold rules. The big 10 can delay this until the money is gone from the parents


"I will meet with these parents and their sons to take the next, most appropriate step."

?? confused ??- they already laid out the "next, most appropriate step" if those documents weren't in their possession by high noon today

"If the documents are not delivered to the undersigned by 12:00 pm Central on Monday, August 24, 2020, we will have no choice but to file suit in the United States District Court for the District of Nebraska seeking the documents and asking the Court to seek immediate relief. Govern yourself accordingly."

that paper work should have been ready to go and submitted once the clock struck 12:01
 
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And they won’t unless they have buckets of money. The old saying he who has the gold rules. The big 10 can delay this until the money is gone from the parents
Not if they can get a NE judge to issue an injunction to restart the season. Then it'll get interesting
 
Not if they can get a NE judge to issue an injunction to restart the season. Then it'll get interesting
No way possible that it happens. It would take more than a few parents and players to get a judge to do that and its logistically impossible.
 
The big ten is now going to feel the full wrath of the Jewell and Collins law firm out of Norfolk as they bring to bear their vast resources and bury the conference.

Please give the conference more time to respond. The Big 10 lawyers have been laughing too hard at this threat to organize their thoughts.
 
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