Comments on: NCAA Bylaw 12.3.2.1 Is Void http://www.sportsagentblog.com/2009/05/13/ncaa-bylaw-12321-is-void/ Sports Business, Sports Law, Sports Negotiations, NCAA Rules Thu, 01 Dec 2011 15:23:00 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Tassos http://www.sportsagentblog.com/2009/05/13/ncaa-bylaw-12321-is-void/#comment-127837 Tassos Wed, 13 May 2009 18:55:53 +0000 http://www.sportsagentblog.com/?p=5583#comment-127837 Judge Tone's very tone in the order is somewhat intriguing... The NCAA response has a point, the Judge changed his mind on the contempt issue (http://www.sportsbusinessdaily.com/article/130152). Barring a settlement, which is not out of the question considering recent NCAA litigation mgmt strategy, such decisions presumably have limited chances on the appellate levels. Deferring to SLA meetings and discussions in Chi on this and the Keller (v EA/NCAA/CLC -- IP/RoP & VGs) case if there, and for trackbacks on commentary and related decisions which where reversed peruse: http://collegesportsblog.wordpress.com/2009/02/14/what-is-wrong-with-ohio-courts-first-o%E2%80%99brien-now-this%E2%80%A6/ http://nationalsportsandentertainment.wordpress.com/2009/02/14/what-is-wrong-with-ohio-courts-by-tassos-kaburakis/#comments and commentary from SAB and others: http://www.athleticmanagement.com/2009/02/in_posting_an_133_record.html?userid= http://www.sportsagentblog.com/2009/02/13/round-1-goes-to-andy-oliver/ http://www.sportsagentblog.com/2009/02/16/a-provocative-response-to-the-andy-oliver-ruling/ http://ctsportslaw.com/2009/02/25/oliver-v-ncaa-court-throws-out-ncaa-baseball-lawyer-agent-rule/ Links to the case: http://www.scribd.com/doc/12309586/Oliver-v-NCAA-Opinion-JE6 http://sports-law.blogspot.com/2009/02/court-blows-fastball-down-ncaa-pipe.html http://sportsillustrated.cnn.com/2009/baseball/more/02/12/ncaa.lawsuit.ap/index.html?eref=si_more http://sports.espn.go.com/ncaa/news/story?id=39033 Links to the 5/12/09 Tone order: http://www.nytimes.com/2009/05/13/sports/baseball/13ncaa.html http://www.usatoday.com/sports/college/2009-05-13-ncaa-warned_N.htm If interested parties wish to be provided copies of the order and related docs, here is the address for the request: http://www.erie-county-ohio.net/contacts/contacts9.htm For further info: http://www.courtreference.com/Erie-County-Ohio-Courts.htm http://www.erie-county-ohio.net/clerkofcourts/default.htm Also a couple of interesting links on the Erie Cty. judiciary: http://www.sanduskyregister.com/articles/2009/01/14/front/1080938.txt http://www.sanduskyregister.com/articles/2008/02/23/front/617965.txt Judge Tone’s very tone in the order is somewhat intriguing… The NCAA response has a point, the Judge changed his mind on the contempt issue (http://www.sportsbusinessdaily.com/article/130152).
Barring a settlement, which is not out of the question considering recent NCAA litigation mgmt strategy, such decisions presumably have limited chances on the appellate levels.

Deferring to SLA meetings and discussions in Chi on this and the Keller (v EA/NCAA/CLC — IP/RoP & VGs) case if there, and for trackbacks on commentary and related decisions which where reversed peruse:

http://collegesportsblog.wordpress.com/2009/02/14/what-is-wrong-with-ohio-courts-first-o%E2%80%99brien-now-this%E2%80%A6/

http://nationalsportsandentertainment.wordpress.com/2009/02/14/what-is-wrong-with-ohio-courts-by-tassos-kaburakis/#comments

and commentary from SAB and others:

http://www.athleticmanagement.com/2009/02/in_posting_an_133_record.html?userid=

http://www.sportsagentblog.com/2009/02/13/round-1-goes-to-andy-oliver/

http://www.sportsagentblog.com/2009/02/16/a-provocative-response-to-the-andy-oliver-ruling/

http://ctsportslaw.com/2009/02/25/oliver-v-ncaa-court-throws-out-ncaa-baseball-lawyer-agent-rule/

Links to the case:

http://www.scribd.com/doc/12309586/Oliver-v-NCAA-Opinion-JE6

http://sports-law.blogspot.com/2009/02/court-blows-fastball-down-ncaa-pipe.html

http://sportsillustrated.cnn.com/2009/baseball/more/02/12/ncaa.lawsuit.ap/index.html?eref=si_more

http://sports.espn.go.com/ncaa/news/story?id=39033

Links to the 5/12/09 Tone order:

http://www.nytimes.com/2009/05/13/sports/baseball/13ncaa.html

http://www.usatoday.com/sports/college/2009-05-13-ncaa-warned_N.htm

If interested parties wish to be provided copies of the order and related docs, here is the address for the request: http://www.erie-county-ohio.net/contacts/contacts9.htm
For further info:
http://www.courtreference.com/Erie-County-Ohio-Courts.htm
http://www.erie-county-ohio.net/clerkofcourts/default.htm

Also a couple of interesting links on the Erie Cty. judiciary:
http://www.sanduskyregister.com/articles/2009/01/14/front/1080938.txt
http://www.sanduskyregister.com/articles/2008/02/23/front/617965.txt

]]> By: The NCAA Loses Again http://www.sportsagentblog.com/2009/05/13/ncaa-bylaw-12321-is-void/#comment-127810 The NCAA Loses Again Wed, 13 May 2009 15:53:38 +0000 http://www.sportsagentblog.com/?p=5583#comment-127810 [...] The judge in the Andrew Oliver case clarifies his ruling, absolutely, positively voiding the rule that prevents students from being represented by an agent. We get the added bonus of Oliver’s lawyer comparing the NCAA to a stalker: Also, reporters have asked me how an Ohio court’s order could have any effect outside of Ohio, and the answer is that the court has personal jurisdiction over the NCAA, which is an Ohio citizen, and thus the order applies to the NCAA wherever it may be or go. The analogy would be a court granting a protective order to a wife, the husband follows her out-of-state and violates the protective order, and the court punishes the husband upon motion, because the order applied to the person–not to the location, as long as the court has jurisdiction over the person. I hope that makes sense. [...] [...] The judge in the Andrew Oliver case clarifies his ruling, absolutely, positively voiding the rule that prevents students from being represented by an agent. We get the added bonus of Oliver’s lawyer comparing the NCAA to a stalker: Also, reporters have asked me how an Ohio court’s order could have any effect outside of Ohio, and the answer is that the court has personal jurisdiction over the NCAA, which is an Ohio citizen, and thus the order applies to the NCAA wherever it may be or go. The analogy would be a court granting a protective order to a wife, the husband follows her out-of-state and violates the protective order, and the court punishes the husband upon motion, because the order applied to the person–not to the location, as long as the court has jurisdiction over the person. I hope that makes sense. [...]

]]> By: Bryan Swalley http://www.sportsagentblog.com/2009/05/13/ncaa-bylaw-12321-is-void/#comment-127803 Bryan Swalley Wed, 13 May 2009 14:41:40 +0000 http://www.sportsagentblog.com/?p=5583#comment-127803 Wow. http://www.twitter.com/bryanswalley Wow.

http://www.twitter.com/bryanswalley

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