Nebraska parents to file lawsuit

[TruHusker]

I am not convinced that having a private school member excludes the conference from releasing documents. I am not saying either way because it is very technical. I did some quick research and this is what I found in a short paragraph.

In Forsham, the Supreme Court held that data generated and maintained by private research institutions receiving federal grants are not "agency records" subject to the FOIA, and that a grantor agency is not obligated to demand such data in order to respond to any FOIA request for them.

Some of the attorneys on here can clarify this but it seems to me based on this case, the "agency records" are all that are protected, not the records of the entire conference. The question then becomes what are "agency records" versus what are league records. I would think that the league would need to provide those documents because it doesn't appear to me that they would be protected in any way. I could be wrong in this assumption though.

 

[TampaBaySkers]

 

[dinglefritz]

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

There are attorneys who gladly will do some things for nothing just to be a pain in the ass to someone they don't like. I knew one of those guys well. He used to LOVE to file things and make people who had pissed with him have to hire an attorney to respond to him. He drug out a bankruptcy for almost 30 years because a government representative pissed him off. I'm not sure that was in the best interest of his client, but the client kept his ranch until his son grew up and was eventually able to build a credit rating to buy the home place....with a government supported "beginning farmer loan". He would tell me every now and then how he was screwing with someone who had tried to jerk him around. It would cost them thousands in legal bills and all it cost him was a sheet of paper and 5 minutes of his secretary's time.

 

[husker2612]

"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

I agree, this should have been ready to be filed. I believe it was an empty threat in hopes to accomplish something. TheB1G vs a few parents was never going to work out. I give them an A for effort, they aren't just sitting down and shutting up like some. They are standing up for what they feel is unjust. They are just going up against a buzz saw full of lawyers and money.

 

[jlb321]

I agree, this should have been ready to be filed. I believe it was an empty threat in hopes to accomplish something. TheB1G vs a few parents was never going to work out. I give them an A for effort, they aren't just sitting down and shutting up like some. They are standing up for what they feel is unjust. They are just going up against a buzz saw full of lawyers and money.

they can still file ... their letter stated they had "no choice" but to file suit .. I trust they will

what kind of life lessons are these kids being taught by their coach and now by this group if there is no follow through on their initial strong words with action? ..

if you say you are going to do something or that a situation is unacceptable but are unwilling to act you lose credibility - you aren't trustworthy
to build trust there must be some follow through on your words - not folding tents almost immediately if things get difficult

 

[CheeseRunza]

Maybe they had a plan and a schedule in place, but then received some mysterious new information in the days after they set the schedule. They may or may not have held a vote, which may or may not have lead to a consensus, which may or may not have been steered by their figurehead representative, which lead to a decision to cancel, I mean postpone, any further action.

 

[Crazyhole]

I am not convinced that having a private school member excludes the conference from releasing documents. I am not saying either way because it is very technical. I did some quick research and this is what I found in a short paragraph.

In Forsham, the Supreme Court held that data generated and maintained by private research institutions receiving federal grants are not "agency records" subject to the FOIA, and that a grantor agency is not obligated to demand such data in order to respond to any FOIA request for them.

Some of the attorneys on here can clarify this but it seems to me based on this case, the "agency records" are all that are protected, not the records of the entire conference. The question then becomes what are "agency records" versus what are league records. I would think that the league would need to provide those documents because it doesn't appear to me that they would be protected in any way. I could be wrong in this assumption though.

Forsham actually protected the private company from FOIA requests. Regardless, the opinion was too narrow to be used as case law here.

 

[HuskerBlueDevil]

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?

These are all fake or at least the facts faked. The National Law Journal did a good 4 part series some years ago about these supposed cases, and the NLJ is far from a liberal publication. Prior to the Reagan administration, insurance companies were limited in the investments they could make. Reagan all but eliminated those restrictions. The insurance companies began investing in foreign real estate, which up until then was prohibited. Now real estate anywhere is usually a good investment, but the foreign real estate investments pretty much tanked. Did the insurance companies fire senior management or reduce the dividends to shareholders? Oh my no. Among other shaky plans they gave millions of our premium dollars to Madison Avenue advertising firms to create a false belief that the system was being overwhelmed by frivolous lawsuits. They took real lawsuits and completely falsified the facts. One particularly good one, better than the ones above, was their claim that a person trying to break into a high school fell through the roof and successfully sued the school district for over 4 million. The actual facts of the case were that it wasn't a thief, it was a student. And there had been repair work started on the roof, but not completed and the holes had not been completely covered because of weather. The construction company specifically told the superintendent and the HS principal to keep everyone off the roof until the holes could be dealt with. Nevertheless, the principal ORDERED a student to go up on the roof at night, without warning him of the danger. Based on the communications from the school the student (and all the students) believed that the repair work had been completed. The student, in the dark, fell through a hole covered by a tarp. He was awarded slightly over $400,000, not 4 million. All the other "cases" were equally fake or their facts faked. Yet the lobbyists used the faked facts to get a number of states to pass draconian damage limitations, arguing that such laws would save insureds thousands on their insurance bills. This despite the fact that the GAO came out with a report stating that even if every state and the feds all passed the toughest damage limitations proposed it would save the average insured about 1.4% on their bill.

 

[John_J_Rambo]

 

[TheBeav815]

This whole thing is so bizarre. I'm in no way clear as to what they expect to happen if they sue.

Do they think the conference will just go, "Oh a lawyer? Season's un-cancelled! Hurry up and throw together a game for a week and a half from now!"

 

[Crazyhole]

This whole thing is so bizarre. I'm in no way clear as to what they expect to happen if they sue.

Do they think the conference will just go, "Oh a lawyer? Season's un-cancelled! Hurry up and throw together a game for a week and a half from now!"

They arent afraid of a lawyer. They should be afraid of the movement though. The larger the group and the more visible they are means that a judge is less likely to side with an objection to discovery requests. Judges are people too, regardless of how objective they try to be. Its why the best lawyers will occasionally say something during trial that will obviously be objected to and sustained. At that point its too late and has affected the judge/ juries feeling.

This is a very smart strategy going into a filing.

 

[SkerInCo]

This whole thing is so bizarre. I'm in no way clear as to what they expect to happen if they sue.

Do they think the conference will just go, "Oh a lawyer? Season's un-cancelled! Hurry up and throw together a game for a week and a half from now!"

 

[cubsker]

if parents can unite in a week or two, what group do you think might unite next?

 

[Crazyhole]

View embedded media

Lol, this lawyer from Norfolk might know what he's doing. Talk about putting forth a reasonable and rational option for the conference. "Let us play, or tell us why exactly you decided we can't". The conference is really behind the 8ball right now.

 

[bobbuttons]

Lol, this lawyer from Norfolk might know what he's doing. Talk about putting forth a reasonable and rational option for the conference. "Let us play, or tell us why exactly you decided we can't". The conference is really behind the 8ball right now.

I don't see it that way.

The players are all over 18 years old. They're adults as far as the law is concerned. They should be the ones instigating the lawsuit, not the parents. I'm not a lawyer, but, to me, the parents shouldn't be party to any of this. I'm not so sure a judge doesn't just toss any lawsuit with a parent listed as a plaintiff, as the parent has no immediate vested interest.

The parents aren't the "us" that wants to be allowed to play.

 

[Crazyhole]

I don't see it that way.

The players are all over 18 years old. They're adults as far as the law is concerned. They should be the ones instigating the lawsuit, not the parents. I'm not a lawyer, but, to me, the parents shouldn't be party to any of this. I'm not so sure a judge doesn't just toss any lawsuit with a parent listed as a plaintiff, as the parent has no immediate vested interest.

The parents aren't the "us" that wants to be allowed to play.

No lawsuit has been filed. The letter last week was a shot across the bow. If an actual complaint is filed it will have to include players names, BUT, it can be instigated by parents acting as a representative of their children regardless of their age. It will really depend on how the suit is framed. Sue for financial relief right out of the gate and forget it. Every judge will toss that out. Sue for clarification on a decision that affects the lives of thousands of people with an insinuation of damages that aren't specifically monetary and they'll probably get through at least the discovery phase.

 

[dinglefritz]

No lawsuit has been filed. The letter last week was a shot across the bow. If an actual complaint is filed it will have to include players names, BUT, it can be instigated by parents acting as a representative of their children regardless of their age. It will really depend on how the suit is framed. Sue for financial relief right out of the gate and forget it. Every judge will toss that out. Sue for clarification on a decision that affects the lives of thousands of people with an insinuation of damages that aren't specifically monetary and they'll probably get through at least the discovery phase.

I doubt this ends up going anywhere but I still love it. They are doing it for the principle of the thing. It's putting some pretty unfavorable attention on the pointy heads in the B1G. I mad as hell as it is but IF I were one of the parents or players I would be dragging out the tar and feathers.

 

[TheBeav815]

I doubt this ends up going anywhere but I still love it. They are doing it for the principle of the thing. It's putting some pretty unfavorable attention on the pointy heads in the B1G. I mad as hell as it is but IF I were one of the parents or players I would be dragging out the tar and feathers.

This whole thing has the feel of making active choices to piss off your boss but in ways they technically can't/shouldn't fire you for.

We already know the fall season isn't happening, is it really wise to roll in the mud and force legal fees upon the entity that makes your schedule every year? This is already the board that is sure the refs and the scheduling are rigged against us.

 

[jlb321]

these young players can drive change

and if you don’t think young people can change the world, then you just don’t know American history,
my personal favorite: James Madison was just 25 years old when he signed the Declaration of Independence

 

[John_J_Rambo]

these young players can drive change

and if you don’t think young people can change the world, then you just don’t know American history,
my personal favorite: James Madison was just 25 years old when he signed the Declaration of Independence

have you been hacked?

 

[JaySker402]

these young players can drive change

and if you don’t think young people can change the world, then you just don’t know American history,
my personal favorite: James Madison was just 25 years old when he signed the Declaration of Independence

just watch Hamilton?

 

[nu2u]

I don't see it that way.

The players are all over 18 years old. They're adults as far as the law is concerned. They should be the ones instigating the lawsuit, not the parents. I'm not a lawyer, but, to me, the parents shouldn't be party to any of this. I'm not so sure a judge doesn't just toss any lawsuit with a parent listed as a plaintiff, as the parent has no immediate vested interest.

The parents aren't the "us" that wants to be allowed to play.

There must be a legal basis for any cause of action or the suit will be summarily dismissed. What are the legal grounds for contesting the decision to postpone? In making the decision, did the B10 violate a conference by-law or some other relevant contract provision? Do college players have a constitutional right to play football? What are the grounds?

We completely understand that the parents and players are extremely upset but anger is not a valid legal basis for a lawsuit. If a lawsuit is eventually filed it will be interesting to read the pleadings.

 

[mwulf]

just watch Hamilton?

It a quote based off one of the speeches last night at the RNC

 

[husker2612]

This whole thing is so bizarre. I'm in no way clear as to what they expect to happen if they sue.

Do they think the conference will just go, "Oh a lawyer? Season's un-cancelled! Hurry up and throw together a game for a week and a half from now!"

I think that is what they want to happen. I think canceling the season was 100% political driven. I think the B1G thought if they canceled all other conference would quickly follow. Then in the national media they would look great. Look like the leader in "caring for player safety". That didn't happen, now they look incompetent, unorganized, and afraid.
However, even if every B1G presidents realized it was mistake. Even if Warren now realizes it was a mistake. Which at this point Im sure they are all regretting their decision heavily. Even with threat of lawsuit, they will not reverse their horrible decision and play this fall. Why? Because it makes the B1G look weak and says they will back down from any decision as soon as someone throws a big enough fit. As a business/boss you have to show strength and force once you make a decision. That you stand with your decision and choices even if they were wrong. If you cave every time someone gets upset, you won't make it long. So no I don't think threat of lawsuits, angry parents letters, fans hating you, the national media laughing at you, will get them to change their minds.

 

[husker2612]

There must be a legal basis for any cause of action or the suit will be summarily dismissed. What are the legal grounds for contesting the decision to postpone? In making the decision, did the B10 violate a conference by-law or some other relevant contract provision? Do college players have a constitutional right to play football? What are the grounds?

We completely understand that the parents and players are extremely upset but anger is not a valid legal basis for a lawsuit. If a lawsuit is eventually filed it will be interesting to read the pleadings.

Could they make the case somehow that the B1G is putting their kids at higher risk from Covid outside of football vs in it? How you would prove that, Im not sure.

 

[John_J_Rambo]

It a quote based off one of the speeches last night at the RNC

people watch those?

 

[litespeedhuskerfan]

people watch those?

Gave me goosebumps, especially the paraplegic who stood up in his wheel chair. Great TV.

 

[John_J_Rambo]

Gave me goosebumps, especially the paraplegic who stood up in his wheel chair. Great TV.

saw the highlights. too many sports on to watch live, though (well, non-boycotting sports at least).

plus the brisket on the smoker.

 

[TheBeav815]

I think that is what they want to happen. I think canceling the season was 100% political driven. I think the B1G thought if they canceled all other conference would quickly follow. Then in the national media they would look great. Look like the leader in "caring for player safety". That didn't happen, now they look incompetent, unorganized, and afraid.
However, even if every B1G presidents realized it was mistake. Even if Warren now realizes it was a mistake. Which at this point Im sure they are all regretting their decision heavily. Even with threat of lawsuit, they will not reverse their horrible decision and play this fall. Why? Because it makes the B1G look weak and says they will back down from any decision as soon as someone throws a big enough fit. As a business/boss you have to show strength and force once you make a decision. That you stand with your decision and choices even if they were wrong. If you cave every time someone gets upset, you won't make it long. So no I don't think threat of lawsuits, angry parents letters, fans hating you, the national media laughing at you, will get them to change their minds.

I don't think it's political at all. It was in response largely to the player demands that were issued. You may recall that the most noteworthy politician has been stridently against shutting things down. They probably overreacted to that list of player demands and underestimated how many players were not on board with that spirit of unionization or players making demands.

The virus jeopardizing football is for one year. Players unionizing and demanding money and a bunch of benefits jeopardizes major college football forever.

I do think you're right that they thought the other conferences would follow suit. The noise was all that there's no way the seasons happen, all the conferences would shut it down just a question of when. The B1G and PAC-12 have to feel very much like they're holding the bag right now.

BUT, they were also the only two conferences where their players were basically making noises about unionizing. The look at the time was "We're gonna run these kids into harm's way so we can make $$$ off them." They certainly killed that notion by shutting the season down. Remember that this was on the heels of some marquee players declaring they wouldn't play the season and were going to focus on the draft.

Now they're damned if they don't, the other conferences haven't stopped and the optics are all about them shutting it down too soon.

Nobody appreciates you for averting a crisis they never see unfold. We'll never have a way of knowing if they saved anyone or anything by canceling. People will just be mad there wasn't football.

 

[litespeedhuskerfan]

saw the highlights. too many sports on to watch live, though (well, non-boycotting sports at least).

plus the brisket on the smoker.

I'm the opposite...I thought I'd be into the sports on TV but I cannot remember ever caring less. The NBA has lost me, and I don't think it's just for this year, I'm so over those douchebags. Baseball is only something I paid attention to when the playoffs start so no change there. Somebody on this board said ratings were great, so I am obviously in the minority on that.

NFL will be a different animal, watching your team defend the Super Bowl and having the best player in the league on your roster will do that to a guy.

 

[John_J_Rambo]

I don't think it's political at all. It was in response largely to the player demands that were issued. You may recall that the most noteworthy politician has been stridently against shutting things down. They probably overreacted to that list of player demands and underestimated how many players were not on board with that spirit of unionization or players making demands.

The virus jeopardizing football is for one year. Players unionizing and demanding money and a bunch of benefits jeopardizes major college football forever.

I do think you're right that they thought the other conferences would follow suit. The noise was all that there's no way the seasons happen, all the conferences would shut it down just a question of when. The B1G and PAC-12 have to feel very much like they're holding the bag right now.

BUT, they were also the only two conferences where their players were basically making noises about unionizing. The look at the time was "We're gonna run these kids into harm's way so we can make $$$ off them." They certainly killed that notion by shutting the season down. Remember that this was on the heels of some marquee players declaring they wouldn't play the season and were going to focus on the draft.

Now they're damned if they don't, the other conferences haven't stopped and the optics are all about them shutting it down too soon.

Nobody appreciates you for averting a crisis they never see unfold. We'll never have a way of knowing if they saved anyone or anything by canceling. People will just be mad there wasn't football.

Love the taste of boots in the morning!

how can you be so sure of yourself and so clueless at the same time?

player organization is coming. The B1G just cut its nose off despite its face. Players getting what they deserve doesn’t threaten college football, it emboldens its future. only a bootlicking caveman who loves institutions making undeserved cash on the backs of their labor without fair compensation would disagree.

 

[mgbreis]

There are attorneys who gladly will do some things for nothing just to be a pain in the ass to someone they don't like. I knew one of those guys well. He used to LOVE to file things and make people who had pissed with him have to hire an attorney to respond to him. He drug out a bankruptcy for almost 30 years because a government representative pissed him off. I'm not sure that was in the best interest of his client, but the client kept his ranch until his son grew up and was eventually able to build a credit rating to buy the home place....with a government supported "beginning farmer loan". He would tell me every now and then how he was screwing with someone who had tried to jerk him around. It would cost them thousands in legal bills and all it cost him was a sheet of paper and 5 minutes of his secretary's time.

I knew a lawyer exactly like that. I was in practice in a rural area for 18 year, and I dealt with his nuisance bullcrap a lot. The truth was, every judge in every county I practiced in lived to make his life difficult. Literally no one like him, and while he was definitely a pain in the ass he was almost never successful for his clients.

 

[litespeedhuskerfan]

I knew a lawyer exactly like that. I was in practice in a rural area for 18 year, and I dealt with his nuisance bullcrap a lot. The truth was, every judge in every county I practiced in lived to make his life difficult. Literally no one like him, and while he was definitely a pain in the ass he was almost never successful for his clients.

Don't you just love people like that?

 

[dinglefritz]

I knew a lawyer exactly like that. I was in practice in a rural area for 18 year, and I dealt with his nuisance bullcrap a lot. The truth was, every judge in every county I practiced in lived to make his life difficult. Literally no one like him, and while he was definitely a pain in the ass he was almost never successful for his clients.

Whether or not he was successful for his clients didn't seem to diminish his life style.

 

[phoenix4nu]

Gave me goosebumps, especially the paraplegic who stood up in his wheel chair. Great TV.

Trump healed him?

 

[bobbuttons]

Could they make the case somehow that the B1G is putting their kids at higher risk from Covid outside of football vs in it? How you would prove that, Im not sure.

In my estimation, no, because there is nothing stopping Nebraska from keeping the same protocol in place despite not having any games this fall--not to mention the players themselves have a certain responsibility to keep themselves safe.

 

[TheBeav815]

Love the taste of boots in the morning!

how can you be so sure of yourself and so clueless at the same time?

player organization is coming. The B1G just cut its nose off despite its face. Players getting what they deserve doesn’t threaten college football, it emboldens its future. only a bootlicking caveman who loves institutions making undeserved cash on the backs of their labor without fair compensation would disagree.

...k. It's "to spite their face" by the way.

I'm not against player compensation and I am aware that it's going to happen. I'm also aware that the powers that be will fight it as long as they can because people with a lot of money tend not to be super into sharing.

Recruiting won't be reason enough for conferences to want to be the first one to give away billions of dollars over the years in shared revenue.

I know it's hard to understand the difference between a person acknowledging that something is going to happen and cheering for it to happen, but do try to keep up.

 

[John_J_Rambo]

...k. It's "to spite their face" by the way.

I'm not against player compensation and I am aware that it's going to happen. I'm also aware that the powers that be will fight it as long as they can because people with a lot of money tend not to be super into sharing.

Recruiting won't be reason enough for conferences to want to be the first one to give away billions of dollars over the years in shared revenue.

I know it's hard to understand the difference between a person acknowledging that something is going to happen and cheering for it to happen, but do try to keep up.

you've posted on here that the B1G's decision to postpone the season might be lauded years from now for delaying this inevitability.

you're not acknowledging, you're siding with the powers that be.

thanks for the grammar lesson. enjoy licking boots for breakfast.

 

[John_J_Rambo]

In my estimation, no, because there is nothing stopping Nebraska from keeping the same protocol in place despite not having any games this fall--not to mention the players themselves have a certain responsibility to keep themselves safe.

the $100M+ in losses, slimming of the athletic dept staff and loss of the training table are just a few things stopping Nebraska from keeping the same protocols in place.

 

[GBRforLife1]

This whole thing has the feel of making active choices to piss off your boss but in ways they technically can't/shouldn't fire you for.

We already know the fall season isn't happening, is it really wise to roll in the mud and force legal fees upon the entity that makes your schedule every year? This is already the board that is sure the refs and the scheduling are rigged against us.

What's a retainer?