Todd McNair's lawsuit against the NCAA

[badinflu]

NCAA: Mistakes in McNair case shouldn't mean unsealing Bush file - CBSSports.com


"The NCAA argues in defense of an ongoing defamation suit that possible "factual errors, inadequate investigation and overt hostility" by the association should not help the case of former USC assistant coach Todd McNair."

 

[trojanfight]

NCAA: Mistakes in McNair case shouldn't mean unsealing Bush file - CBSSports.com


"The NCAA argues in defense of an ongoing defamation suit that possible "factual errors, inadequate investigation and overt hostility" by the association should not help the case of former USC assistant coach Todd McNair."

if this ever does become unsealed is going to be a bad day for ncaa. There's already from that report several indications of wrong doing. The phone call for example. Lake reported that the coach is the one who initiated the call. Phone records proved otherwise. And quickly accepting lake's version of phone call and immediately rejecting McNair's version of what happened.

What makes whole thing worse is they had opportunity to reduce sanctions several times and chose not to. Did it for Penn st, slap on wrist at Miami. Clearly they just wanted to hammer USC regardless of proof

 

[WizardHawk]

The problem is even if they prove the NCAA made gross errors in this case against him, that alone does not prove malice and therefor there is no basis for opening up those records. You have to prove the IC intentionally lied and made a false report to 'get him' and that simply didn't happen. What did happen is the same stupidity they have done for years and made bad judgments based on bad reports.

 

[wiskyisgood12]

I dont know how it's possible, but this makes the NCAA look worse. Of course overt hostility, factual errors and an inadequate investigation should help his cause.

 

[trojanfan12]

The problem is even if they prove the NCAA made gross errors in this case against him, that alone does not prove malice and therefor there is no basis for opening up those records. You have to prove the IC intentionally lied and made a false report to 'get him' and that simply didn't happen. What did happen is the same stupidity they have done for years and made bad judgments based on bad reports.

Maybe. On the other hand, I would think that the stupidity and incompetence of the investigation should be enough. After all, this is the file that the NCAA claims justifies the punishment.

Either way, it sure looks like the NCAA is hiding something. If it was a legit and properly handled investigation that led to a righteous conclusion, they should have no problem turning over the files.

 

[TROJAN-MAN]

Maybe. On the other hand, I would think that the stupidity and incompetence of the investigation should be enough. After all, this is the file that the NCAA claims justifies the punishment.

Either way, it sure looks like the NCAA is hiding something. If it was a legit and properly handled investigation that led to a righteous conclusion, they should have no problem turning over the files.

There are documented emails stating that they need to get McNair, by the infraction committee members

 

[BamaTee1]

if this ever does become unsealed is going to be a bad day for ncaa. There's already from that report several indications of wrong doing. The phone call for example. Lake reported that the coach is the one who initiated the call. Phone records proved otherwise. And quickly accepting lake's version of phone call and immediately rejecting McNair's version of what happened.

What makes whole thing worse is they had opportunity to reduce sanctions several times and chose not to. Did it for Penn st, slap on wrist at Miami. Clearly they just wanted to hammer USC regardless of proof

this is so similar to when Alabama got hammered for some dumb ass booster apparently paying a fat ass lineman $200,000. There were defamation suits all over and everyone would get excited and say if that file is open look out, etc etc etc. It won't amount to a hill of beans. Sorry, but the NCAA does what it wants and plays by it's own rules. Just move on. Best advise, promise!

 

[WizardHawk]

Maybe. On the other hand, I would think that the stupidity and incompetence of the investigation should be enough. After all, this is the file that the NCAA claims justifies the punishment.

Either way, it sure looks like the NCAA is hiding something. If it was a legit and properly handled investigation that led to a righteous conclusion, they should have no problem turning over the files.

There is a huge difference between incompetence and full on intentional defamation. Proving the latter is difficult by design in legal terms.

As for why they don't want any communications to come out, even if it doesn't prove malice, they keep siting the need to continue confidentiality to protect future cases because letting these things out now helps prevent whistle blowers from coming forward later. Might be BS, but that's their claim. I don't understand why they don't rule to break the seal, but only allow the attorneys and judge in this case to have full access to them and then only with the stipulation that nothing from them can be made public. There is no need to make it fully public just to either prove, or disprove this particular case.

I'm all for letting the entire cat out of the bag, but it isn't going to happen. Just my opinion.

 

[trojanfan12]

this is so similar to when Alabama got hammered for some dumb ass booster apparently paying a fat ass lineman $200,000. There were defamation suits all over and everyone would get excited and say if that file is open look out, etc etc etc. It won't amount to a hill of beans. Sorry, but the NCAA does what it wants and plays by it's own rules. Just move on. Best advise, promise!

The difference is that this is an active defamation lawsuit that has nothing to do with USC directly. This is brought by a formere USC coach entirely on his own.

The judge in the case has already stated that the NCAA acted improperly and ordered the files to be unsealed. The NCAA is appealing that ruling. This appears to have gone a lot farther than the 'Bama suits did.

 

[trojanfan12]

There is a huge difference between incompetence and full on intentional defamation. Proving the latter is difficult by design in legal terms.

As for why they don't want any communications to come out, even if it doesn't prove malice, they keep siting the need to continue confidentiality to protect future cases because letting these things out now helps prevent whistle blowers from coming forward later. Might be BS, but that's their claim. I don't understand why they don't rule to break the seal, but only allow the attorneys and judge in this case to have full access to them and then only with the stipulation that nothing from them can be made public. There is no need to make it fully public just to either prove, or disprove this particular case.

I'm all for letting the entire cat out of the bag, but it isn't going to happen. Just my opinion.

This is going to be interesting and possibly precedent setting. The judge in the actual defamation case has ordered the files to be unsealed and the NCAA is appealing.

I know the NCAA claims "confidentiality" and possible discouraging of "whistleblowers". But it seems fairly obvious that given what has already come out, if it's ever shown exactly how these cases are handled, it will ruin the NCAA as an institution.

This, of course, could be a very good thing as long as it leads to major reforms and more transparency and accountability of the NCAA.

 

[BamaTee1]

The difference is that this is an active defamation lawsuit that has nothing to do with USC directly. This is brought by a formere USC coach entirely on his own.

The judge in the case has already stated that the NCAA acted improperly and ordered the files to be unsealed. The NCAA is appealing that ruling. This appears to have gone a lot farther than the 'Bama suits did.

Go read up on Ronnie Cotrell and Professor Tom Jones and I think you will feel differently.

 

[WhiteMamba]

Cheaters beat us in 05. Which happens to be Oregons only loss. And the Ducks, have no problems beating Texas.

Trojans You FACE!

 

[TROJAN-MAN]

Cheaters beat us in 05. Which happens to be Oregons only loss. And the Ducks, have no problems beating Texas.

Trojans You FACE!

Neither does USC...... USC 4 the refs 1, I mean Texas

 

[FSUmanager]

Just to throw this out there because it is kind of funny or maybe it is just me. The judge that ruled to open the seal is a USC grad. His Bachelor is from USC(1976). His law degree I from Loyola Law School(1979).

Frederick Shaller is his name.

 

[trojanfan12]

Just to throw this out there because it is kind of funny or maybe it is just me. The judge that ruled to open the seal is a USC grad. His Bachelor is from USC(1976). His law degree I from Loyola Law School(1979).

Frederick Shaller is his name.

Conspiracy theory?

 

[MarkOU]

Ooh well.

Reggie and his family still got hooked up, just like Scam Newtons.

If there is any injustice its that Auburn wasn't punished like USC.

 

[FSUmanager]

Conspiracy theory?

That is what would be claimed if this were at FSU. Just thought it is funny that USC haters have not brought it up.

 

[trojanfan12]

That is what would be claimed if this were at FSU. Just thought it is funny that USC haters have not brought it up.

Well don't give them any ideas!!

Actually, it's been brought up before in the past. I think it didn't gain much traction because he still has to be within the law in his rulings. Plus, the NCAA hasn't asked him to recuse himself, so they don't seem to have a problem other than not wanting to unseal the files and that is out of his hands with the appeal.