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	<title>Comments on: Oliver Adds OSU As A Defendant</title>
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	<link>http://www.sportsagentblog.com/2008/07/16/oliver-adds-osu-as-a-defendant/</link>
	<description>A blog for sports agents: Discussing sports business news, Sports Law, and other interesting sports related material</description>
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		<title>By: Cruz</title>
		<link>http://www.sportsagentblog.com/2008/07/16/oliver-adds-osu-as-a-defendant/comment-page-1/#comment-85219</link>
		<dc:creator>Cruz</dc:creator>
		<pubDate>Sat, 26 Jul 2008 13:28:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.sportsagentblog.com/?p=1499#comment-85219</guid>
		<description>Seems that the Barratas didn&#039;t seek removal within the appropriate time frame?  Not only do they appear to be bad and vindictive agents, they appear to be bad lawyers, too.</description>
		<content:encoded><![CDATA[<p>Seems that the Barratas didn&#8217;t seek removal within the appropriate time frame?  Not only do they appear to be bad and vindictive agents, they appear to be bad lawyers, too.</p>
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		<title>By: TDT</title>
		<link>http://www.sportsagentblog.com/2008/07/16/oliver-adds-osu-as-a-defendant/comment-page-1/#comment-85153</link>
		<dc:creator>TDT</dc:creator>
		<pubDate>Sat, 26 Jul 2008 06:43:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.sportsagentblog.com/?p=1499#comment-85153</guid>
		<description>Another update....

http://www.sanduskyregister.com/articles/2008/07/26/sports/doc488aa88289378240449658.txt</description>
		<content:encoded><![CDATA[<p>Another update&#8230;.</p>
<p><a href="http://www.sanduskyregister.com/articles/2008/07/26/sports/doc488aa88289378240449658.txt" rel="nofollow">http://www.sanduskyregister.com/articles/2008/07/26/sports/doc488aa88289378240449658.txt</a></p>
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		<title>By: TDT</title>
		<link>http://www.sportsagentblog.com/2008/07/16/oliver-adds-osu-as-a-defendant/comment-page-1/#comment-84859</link>
		<dc:creator>TDT</dc:creator>
		<pubDate>Fri, 25 Jul 2008 02:23:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.sportsagentblog.com/?p=1499#comment-84859</guid>
		<description>The defendants in this case filed a notice of removal last week to take the lawsuit out of County Courts and to a Federal Court in Toledo, which is about an hour and a half west of Oliver&#039;s hometown of Vermilion.</description>
		<content:encoded><![CDATA[<p>The defendants in this case filed a notice of removal last week to take the lawsuit out of County Courts and to a Federal Court in Toledo, which is about an hour and a half west of Oliver&#8217;s hometown of Vermilion.</p>
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		<title>By: Ken</title>
		<link>http://www.sportsagentblog.com/2008/07/16/oliver-adds-osu-as-a-defendant/comment-page-1/#comment-84270</link>
		<dc:creator>Ken</dc:creator>
		<pubDate>Tue, 22 Jul 2008 17:20:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.sportsagentblog.com/?p=1499#comment-84270</guid>
		<description>What I see is time rapidly running out. It looks like several parties to the lawsuit are aleady stalling in responding to the complaints. The fall semester begins in a few weeks not months or years.

I have read the NCAA handbook regarding a school trying to get the NCAA to reinstate an athlete. After reading it is obvious to me the NCAA has set up a process that could take forever. And yet the NCAA also says they had no hand in the suspension of Andy. Hopefully the judge will sooner rather than later stop the stalling and at least issue a temporary restraining order against the NCAA. 

I am predicting a temporary restraining order that in the words of one of Darren&#039;s articles says &quot;Let Andy Play&quot; while all the supposed adults in this sorry affair face each other in a circle and start shooting at each other till all of them have finally owned up to what they did to a student athlete who they apparently thought right after being drafted as an 18 year old high schooler should have put everything on hold while he got hold of the NCAA Handbook(huge numbers of pages) and became an expert in that Handbook and not trust the advisor who advertised to him the advisor knew everything there was to know regarding the NCAA Handbook and could be trusted to help the athlete with the process and preserve his future eligibility.

I&#039;m betting every player on the 8 teams that recently participated in the College World Series and currently has an advisor and/or had an advisor in high school would have to be declared ineligible if they were singled out the way Andy was for violating NCAA Bylaw 12.3.2.1 Presence of a Lawyer at Negotiations which defines direct contact with a professional organization as beng in person, by telephone or by mail.</description>
		<content:encoded><![CDATA[<p>What I see is time rapidly running out. It looks like several parties to the lawsuit are aleady stalling in responding to the complaints. The fall semester begins in a few weeks not months or years.</p>
<p>I have read the NCAA handbook regarding a school trying to get the NCAA to reinstate an athlete. After reading it is obvious to me the NCAA has set up a process that could take forever. And yet the NCAA also says they had no hand in the suspension of Andy. Hopefully the judge will sooner rather than later stop the stalling and at least issue a temporary restraining order against the NCAA. </p>
<p>I am predicting a temporary restraining order that in the words of one of Darren&#8217;s articles says &#8220;Let Andy Play&#8221; while all the supposed adults in this sorry affair face each other in a circle and start shooting at each other till all of them have finally owned up to what they did to a student athlete who they apparently thought right after being drafted as an 18 year old high schooler should have put everything on hold while he got hold of the NCAA Handbook(huge numbers of pages) and became an expert in that Handbook and not trust the advisor who advertised to him the advisor knew everything there was to know regarding the NCAA Handbook and could be trusted to help the athlete with the process and preserve his future eligibility.</p>
<p>I&#8217;m betting every player on the 8 teams that recently participated in the College World Series and currently has an advisor and/or had an advisor in high school would have to be declared ineligible if they were singled out the way Andy was for violating NCAA Bylaw 12.3.2.1 Presence of a Lawyer at Negotiations which defines direct contact with a professional organization as beng in person, by telephone or by mail.</p>
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		<title>By: Darren Heitner</title>
		<link>http://www.sportsagentblog.com/2008/07/16/oliver-adds-osu-as-a-defendant/comment-page-1/#comment-84223</link>
		<dc:creator>Darren Heitner</dc:creator>
		<pubDate>Tue, 22 Jul 2008 13:36:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.sportsagentblog.com/?p=1499#comment-84223</guid>
		<description>MKJones-

I said that I believe that Andy will settle with Barrata bros and Icon Group.  I also think that once he gets reinstated, he drops the case against OSU/NCAA...too big of a battle to take on by himself.

Cruz-

Maybin is a client of Barratas...from what I hear, he is very happy with them.  Who knows, though.</description>
		<content:encoded><![CDATA[<p>MKJones-</p>
<p>I said that I believe that Andy will settle with Barrata bros and Icon Group.  I also think that once he gets reinstated, he drops the case against OSU/NCAA&#8230;too big of a battle to take on by himself.</p>
<p>Cruz-</p>
<p>Maybin is a client of Barratas&#8230;from what I hear, he is very happy with them.  Who knows, though.</p>
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		<title>By: Cruz</title>
		<link>http://www.sportsagentblog.com/2008/07/16/oliver-adds-osu-as-a-defendant/comment-page-1/#comment-84215</link>
		<dc:creator>Cruz</dc:creator>
		<pubDate>Tue, 22 Jul 2008 12:32:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.sportsagentblog.com/?p=1499#comment-84215</guid>
		<description>Hasn&#039;t Oliver&#039;s lawyer said that all he wants is his eligibility back?

Sounds like he may have violated NCAA rules (or rather the Barrata bros. violated the rules).  Not sure what kind of suspension is warranted where someone negotiates on your behalf?

Perhaps he settles with Barrata and Icon, but sounds like those groups may need to pay dearly for the legal and ethical violations.    

In any event, I can&#039;t see a player ever using the Barrata group again.</description>
		<content:encoded><![CDATA[<p>Hasn&#8217;t Oliver&#8217;s lawyer said that all he wants is his eligibility back?</p>
<p>Sounds like he may have violated NCAA rules (or rather the Barrata bros. violated the rules).  Not sure what kind of suspension is warranted where someone negotiates on your behalf?</p>
<p>Perhaps he settles with Barrata and Icon, but sounds like those groups may need to pay dearly for the legal and ethical violations.    </p>
<p>In any event, I can&#8217;t see a player ever using the Barrata group again.</p>
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		<title>By: MKJones</title>
		<link>http://www.sportsagentblog.com/2008/07/16/oliver-adds-osu-as-a-defendant/comment-page-1/#comment-84153</link>
		<dc:creator>MKJones</dc:creator>
		<pubDate>Tue, 22 Jul 2008 04:12:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.sportsagentblog.com/?p=1499#comment-84153</guid>
		<description>Thanks Darren..

If my guess is as good as yours, then what IS your guess?

I just can&#039;t see a 20-year old kid dragging out a lawsuit trial against the NCAA and OSU, especially during the school year. I mean, it just seems like a HUGE distraction and I personally don&#039;t see this ending well. If Oliver gets his eligibility back, does he just drop the suit? This one could go MANY ways, yet I have a hard time seeing which way it indeed will go.</description>
		<content:encoded><![CDATA[<p>Thanks Darren..</p>
<p>If my guess is as good as yours, then what IS your guess?</p>
<p>I just can&#8217;t see a 20-year old kid dragging out a lawsuit trial against the NCAA and OSU, especially during the school year. I mean, it just seems like a HUGE distraction and I personally don&#8217;t see this ending well. If Oliver gets his eligibility back, does he just drop the suit? This one could go MANY ways, yet I have a hard time seeing which way it indeed will go.</p>
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		<title>By: Darren Heitner</title>
		<link>http://www.sportsagentblog.com/2008/07/16/oliver-adds-osu-as-a-defendant/comment-page-1/#comment-84152</link>
		<dc:creator>Darren Heitner</dc:creator>
		<pubDate>Tue, 22 Jul 2008 03:57:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.sportsagentblog.com/?p=1499#comment-84152</guid>
		<description>I personally believe that Oliver and Baratta settle.  Chances are that the same will result with Icon Sports.  I do not see the NCAA nor OSU settling, though.  In the end, your guess is as good as mine.</description>
		<content:encoded><![CDATA[<p>I personally believe that Oliver and Baratta settle.  Chances are that the same will result with Icon Sports.  I do not see the NCAA nor OSU settling, though.  In the end, your guess is as good as mine.</p>
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		<title>By: MKJones</title>
		<link>http://www.sportsagentblog.com/2008/07/16/oliver-adds-osu-as-a-defendant/comment-page-1/#comment-84132</link>
		<dc:creator>MKJones</dc:creator>
		<pubDate>Tue, 22 Jul 2008 03:24:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.sportsagentblog.com/?p=1499#comment-84132</guid>
		<description>Boy, what a mess this is.

Is there ANY way this ends positively for all three sides? Will there be any hard feelings between Andy and OK ST when its all done??

Darren,

Do you see this going to trial? That seems like it could take a LONG time if that ends up being the case...</description>
		<content:encoded><![CDATA[<p>Boy, what a mess this is.</p>
<p>Is there ANY way this ends positively for all three sides? Will there be any hard feelings between Andy and OK ST when its all done??</p>
<p>Darren,</p>
<p>Do you see this going to trial? That seems like it could take a LONG time if that ends up being the case&#8230;</p>
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		<title>By: Cruz</title>
		<link>http://www.sportsagentblog.com/2008/07/16/oliver-adds-osu-as-a-defendant/comment-page-1/#comment-84077</link>
		<dc:creator>Cruz</dc:creator>
		<pubDate>Mon, 21 Jul 2008 19:34:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.sportsagentblog.com/?p=1499#comment-84077</guid>
		<description>Sounds like the attorney for OSU may be in hot water here, too.  I think it is very possible that Oliver expected the OSU lawyer was also looking out for his interests in that an attorney-client relationship could have been formed.  At the very least, he is probably going to get to trial on the breach of trust and fiduciary duties claims (i.e. survive summary judgment on this issue).

Looks like Andy got screwed over by people he trusted (Barratas - OSU).</description>
		<content:encoded><![CDATA[<p>Sounds like the attorney for OSU may be in hot water here, too.  I think it is very possible that Oliver expected the OSU lawyer was also looking out for his interests in that an attorney-client relationship could have been formed.  At the very least, he is probably going to get to trial on the breach of trust and fiduciary duties claims (i.e. survive summary judgment on this issue).</p>
<p>Looks like Andy got screwed over by people he trusted (Barratas &#8211; OSU).</p>
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