Originally posted by pinstripers
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So.................... we KNOW he can play THIS year? Just dunno if he's playing as a junior or a senior? Is that right?
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Originally posted by Aargh View Post
This is what virtually EVERYBODT does. Sue the NCAA. get an injunction. the other option is to play him and then sue the NCAA. It's almost a certain win either way.
Worst case is that some games are forfeited before the court ruling takes effect. Forfeited games don''t keep butts pout of seats.
A: Matej Bošnjak is a promising basketball player from Zagreb, Croatia. He recently joined the Wichita State Shockers as a 6’9", 240-pound center12. Before coming to Wichita State, he played for Cibona in the Adriatic Basketball Association, where he averaged 7.8 points, 4.1 rebounds, and 2.3 assists per game1. He also has experience with the Croatian Youth National Team, showcasing his skills at the FIBA U-20 European Championships. Bošnjak is known for his rebounding, isolation ability around the rim, passing skills, and his ability to stretch the floor. Coach Paul Mills is excited about his potential impact on the team. Do you think he’ll be a game-changer for the Shockers this season? ?
Q: Why can’t he get clear to play for Wichita State Men's Basketball this season?
A: Matej Bošnjak’s eligibility to play for Wichita State this season is still under review by the NCAA. The main issue is determining how many years of collegiate eligibility he has left, given his previous professional experience in Croatia. The Shockers are hoping he will be classified as a junior. It’s a bit of a waiting game, but the team is optimistic about his potential impact once he’s cleared to play. ?
Is there anything else you would like to know about the team or the upcoming season?
Q: Can we sue the NCAA to force their hand? And what arguments would we use to be successful?
A: Suing the NCAA to expedite Matej Bošnjak’s eligibility decision is a complex and challenging process. However, it is possible to take legal action if you believe the NCAA is acting unfairly or unlawfully. Here are some key points and arguments that could be used:
Legal Grounds for a Lawsuit- Due Process Violation: Argue that the NCAA’s delay or decision-making process violates Matej’s right to due process. This would require demonstrating that the NCAA’s actions are arbitrary or capricious.
- Breach of Contract: If there are specific agreements or guidelines that the NCAA is not adhering to, you could claim a breach of contract.
- Antitrust Violations: The NCAA has faced numerous antitrust lawsuits. If you can show that their actions are restricting Matej’s ability to compete and earn a living, this could be a viable argument12.
- Arguments to Support the Case
- Unreasonable Delay: Highlight the length of time the NCAA has taken to make a decision and how this impacts Matej’s career and the team’s performance.
- Inconsistent Application of Rules: Provide evidence that the NCAA has applied its rules inconsistently in similar cases, which could suggest bias or unfair treatment.
- Harm to Student-Athlete: Emphasize the personal and professional harm caused to Matej by the delay, including lost opportunities and potential earnings.
- Potential Challenges
- NCAA’s Broad Discretion: The NCAA has significant discretion in its decision-making processes, which can make it difficult to challenge their actions.
- Legal Costs: Litigation can be expensive and time-consuming, with no guarantee of a favorable outcome.
- It’s always best to consult with a legal expert who specializes in sports law to explore the feasibility and potential strategies for such a lawsuit.
Q: What obscure arguments could we use, i.e., novel approaches to scare the pants off the NCAA/
A: Here are some novel and creative legal arguments that could potentially put pressure on the NCAA:
1. Consumer Protection Laws
Argue that the NCAA’s actions are deceptive and unfair to student-athletes, who are consumers of the educational and athletic services provided by universities. This could be framed as a violation of state consumer protection laws, which are designed to prevent unfair business practices1.
2. Civil Rights Violations
Claim that the NCAA’s eligibility rules disproportionately affect international players, potentially violating civil rights laws. This argument could be strengthened by showing a pattern of discrimination against non-U.S. athletes2.
3. Emotional Distress
File a claim for intentional infliction of emotional distress, arguing that the NCAA’s prolonged decision-making process is causing significant emotional harm to Matej Bošnjak. This would require demonstrating that the NCAA’s actions are extreme and outrageous3.
4. Breach of Fiduciary Duty
Argue that the NCAA has a fiduciary duty to act in the best interests of student-athletes and that their actions are a breach of this duty. This could be particularly compelling if you can show that the NCAA’s decisions are financially motivated rather than focused on the welfare of the athletes4.
5. Public Trust Doctrine
Invoke the public trust doctrine, which is traditionally used in environmental law, to argue that the NCAA holds a public trust to ensure fair and equitable treatment of all student-athletes. This would be a novel application of the doctrine, but it could be persuasive in highlighting the NCAA’s responsibility to the public5.
6. False Advertising
Claim that the NCAA’s promotion of college sports as a pathway to professional careers is misleading if they are arbitrarily restricting eligibility. This could be framed as a violation of false advertising laws.
7. Unjust Enrichment
Argue that the NCAA is unjustly enriched by the labor of student-athletes without providing fair compensation or opportunities, especially when eligibility decisions are delayed or denied.
These arguments are unconventional and would require creative legal strategies, but they could potentially put significant pressure on the NCAA to expedite their decision-making process.
Would you like more details on any of these approaches?
Q: Thanks, WuOracle, I need to get back to my meatloaf.
A: You’re welcome! Enjoy your meatloaf, and feel free to reach out anytime. Have a great day!
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Why do we come across as a poor whipped dog in these scenarios? We're like, "oh well, we've submitted the paperwork and gone through the proper channels, we'll see what they tell us..." While the big dogs are like " You dummotherfuqers...see you in court"You do not have permission to view this gallery.
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Originally posted by Aargh View Post
This is what virtually EVERYBODT does. Sue the NCAA. get an injunction. the other option is to play him and then sue the NCAA. It's almost a certain win either way.
Worst case is that some games are forfeited before the court ruling takes effect. Forfeited games don''t keep butts pout of seats.
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I don't think WSU needs a "good" lawyer familiar with NCAA rules to win in court. I think the NCAA would cave with any threat of a lawsuit because they haven't won one in years.
With WSU's record with the NCAA, the NCAA just might decide to use WSU as an example and try to win their first case in the last decade just to prove they still have some teeth. they don't havce any teeth left. They've had their teeth knocked out so effectively that they don't even have a jawbone left.
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Originally posted by Aargh View Post
This is what virtually EVERYBODT does. Sue the NCAA. get an injunction. the other option is to play him and then sue the NCAA. It's almost a certain win either way.
Worst case is that some games are forfeited before the court ruling takes effect. Forfeited games don''t keep butts pout of seats.
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Originally posted by 1972Shocker View PostShocker Alum Toby Lane didn't last long at DOBO did he?
Nolan Magee Added to Men's Basketball Staff
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Originally posted by Kung Wu View Post
A certain win for WSU? Who doesn't have a single General Counsel member that has any serious expertise in NCAA athletics? I suppose we could outsource it to some 3rd party firm that doesn't understand the urgency or give two sheets about the result ...
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Originally posted by Aargh View Post... the other option is to play him and then sue the NCAA. It's almost a certain win either way.
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Originally posted by TrackSuitAndTie View Post
Easy solution: take the NCAA to court, get an injunction, play the young man in the meantime.
Worst case is that some games are forfeited before the court ruling takes effect. Forfeited games don''t keep butts pout of seats.
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When is the last time one of these situations shook out in our favor? Never?
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Originally posted by Kel Varnsen View PostWhen he is not granted eligibility (and I say when because, let's face it, he won't be), it won't be because the NCAA stands for academic excellence. That went out the window a while ago, and the facade was completely ripped down once NIL got here. It's not about student-athletes; it's about money and the biggest brands.
As much of a capitalist as I am, the pursuit of money has ruined college athletics and there's no turning back now. Student-athletes? Pfft. That's naivete.
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