BOT files appeal...

[linebackeru]

YES!!! another lawsuit in motion against that fucking jerkoff Emmert and the NCAA. I love it, keep them coming, sue the fuck out of them and appeal those bullshit sanctions!!!

Penn State Nittany Lions -- Trustees to file appeal, federal lawsuit upon denial - ESPN

 

[AlistairChiss]

As far as I'm aware this is not the BOT itself but rather a few individuals who happen to be on the BOT. On those grounds alone the NCAA will reject the appeal. Individuals may not file on behalf of an entity. It will require the BOT to approve action to get a possible NCAA appear or even take it to a federal court. This would be akin to Al Gore personally appealing a contract that Apple signed with Foxconn for the production of iPhones.

It all boils down to the fact that there are not any legal damages being assessed on the university by the NCAA. A court would realistically have nothing to work off of on an appeal on the sanctions themselves. As far as Erickson having the authority to sign, that isn't for the NCAA to determine as he was the University's agent and they had no reason to believe that he didn't have the authority to sign an agreement. The University may fire Erickson if they choose to do so but as far as I'm aware this is a binding agreement signed by a representative of the university as well as the non-appeal document.

The only realistic grounds they might have (assuming a BOT vote approve such a suit) for a lawsuit would be in proving that the NCAA strong-armed the university with the 4 year death penalty in court and getting it ruled as blackmail or extortion. At that point the court could make some ruling against the NCAA and overturn their penalties.

 

[linebackeru]

As far as I'm aware this is not the BOT itself but rather a few individuals who happen to be on the BOT. On those grounds alone the NCAA will reject the appeal. Individuals may not file on behalf of an entity. It will require the BOT to approve action to get a possible NCAA appear or even take it to a federal court. This would be akin to Al Gore personally appealing a contract that Apple signed with Foxconn for the production of iPhones.

It all boils down to the fact that there are not any legal damages being assessed on the university by the NCAA. A court would realistically have nothing to work off of on an appeal on the sanctions themselves. As far as Erickson having the authority to sign, that isn't for the NCAA to determine as he was the University's agent and they had no reason to believe that he didn't have the authority to sign an agreement. The University may fire Erickson if they choose to do so but as far as I'm aware this is a binding agreement signed by a representative of the university as well as the non-appeal document.

The only realistic grounds they might have (assuming a BOT vote approve such a suit) for a lawsuit would be in proving that the NCAA strong-armed the university with the 4 year death penalty in court and getting it ruled as blackmail or extortion. At that point the court could make some ruling against the NCAA and overturn their penalties.

If these members can prove the document was signed without full review of the BOT and circumvented university policy, they can get it tossed and lawsuit in motion. Its also only one of several lawsuits that are coming and the one from Joe's family has real teeth.

 

[linebackeru]

just saw this as well on a message board

Lubrano is on record on facebook as being one of the supporters of McCombie in this, and stating to be patient, that there is more to come.

 

[linebackeru]

Awesome letter to BOT from man filing the claim....a 26 year Navy seal vet. That's who I want in a fox hole with me, not the spineless cowards who bowed down to protect Corbett.

Ryan McCombie’s Appeal to the Board of Trustees PS4EVER

 

[JMlion71]

YES!!! another lawsuit in motion against that fucking jerkoff Emmert and the NCAA. I love it, keep them coming, sue the fuck out of them and appeal those bullshit sanctions!!!

Penn State Nittany Lions -- Trustees to file appeal, federal lawsuit upon denial - ESPN

This gets the ball rolling.

 

[JMlion71]

As far as I'm aware this is not the BOT itself but rather a few individuals who happen to be on the BOT. On those grounds alone the NCAA will reject the appeal. Individuals may not file on behalf of an entity. It will require the BOT to approve action to get a possible NCAA appear or even take it to a federal court. This would be akin to Al Gore personally appealing a contract that Apple signed with Foxconn for the production of iPhones.

It all boils down to the fact that there are not any legal damages being assessed on the university by the NCAA. A court would realistically have nothing to work off of on an appeal on the sanctions themselves. As far as Erickson having the authority to sign, that isn't for the NCAA to determine as he was the University's agent and they had no reason to believe that he didn't have the authority to sign an agreement. The University may fire Erickson if they choose to do so but as far as I'm aware this is a binding agreement signed by a representative of the university as well as the non-appeal document.

The only realistic grounds they might have (assuming a BOT vote approve such a suit) for a lawsuit would be in proving that the NCAA strong-armed the university with the 4 year death penalty in court and getting it ruled as blackmail or extortion. At that point the court could make some ruling against the NCAA and overturn their penalties.

Great points, AC. I like Lubrano's chutzpah, but his won't get it done by itself. Erickson and Emmert have given conflicting views on what happened during the negotiations - Emmert says there was no direct threat of the death penalty (which I believe to be bullshit), and Erickson (while seemingly bending over) says there was such a threat. This contradiction is the only thing, imo, that could offset the fact that Erickson signed off, and the BOT at large approved his actions. Someone is not telling the truth, here.

 

[linebackeru]

Great points, AC. I like Lubrano's chutzpah, but his won't get it done by itself. Erickson and Emmert have given conflicting views on what happened during the negotiations - Emmert says there was no direct threat of the death penalty (which I believe to be bullshit), and Erickson (while seemingly bending over) says there was such a threat. This contradiction is the only thing, imo, that could offset the fact that Erickson signed off, and the BOT at large approved his actions. Someone is not telling the truth, here.

A lot of people aren't telling the truth. Many on that spineless BOT, Erickson, that dickwas Emmert. Also, there was an interview where Emmert mentions he did say he told Erickson they had decided to give them a 4 year death penalty, then he worked with them to give them these sanctions. He is digging himself a hole.

 

[JMlion71]

A lot of people aren't telling the truth. Many on that spineless BOT, Erickson, that dickwas Emmert. Also, there was an interview where Emmert mentions he did say he told Erickson they had decided to give them a 4 year death penalty, then he worked with them to give them these sanctions. He is digging himself a hole.

But the fact is that the NCAA began with what could be false premises (Freeh report), didn't provide due process, and began the negotiations with a threat. I hope we see a deluge of these lawsuits. What is really damning though is the BOT voting to accept the decision, and not fire Erickson. Why they couldn't have put that off after some more time and deliberation is beyond me.