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Topic: Crystal Ball: No CFB this year.

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fuzzynavol

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Re: Crystal Ball: No CFB this year.
« Reply #14 on: August 09, 2020, 12:15:13 PM »
Haven’t the athletes already been told they could forego the season and still retain their scholarships?

Sounds reasonable enough as a liability waiver. 
Good point and I agree.

But ladies and gentlemen of the jury, my client felt unduly pressured to take the field as coaches told him in-not-so-many-words that they couldn't guarantee he'd keep his position if someone else comes in and performs well.  They've got a sign on the wall about courage and loyalty being foundational building blocks of the program, and players who didn't opt out were celebrated as heroes.  My client wasn't provided with the proper counsel in order to make an informed decision, and this wanton recklessness on the part of a coaching staff fighting for their jobs has cost him the NFL career they all but guaranteed him during the recruiting process.  That's why we're seeking $10 million in damages and another $10 million in punitive damages.  Let's send a message to these institutions that these vulnerable student-athletes are NOT dispensable chattel for their coaches to cruelly exploit for their own enrichment.  

harvestalvol

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Re: Crystal Ball: No CFB this year.
« Reply #15 on: August 09, 2020, 12:30:19 PM »
Good point and I agree.

But ladies and gentlemen of the jury, my client felt unduly pressured to take the field as coaches told him in-not-so-many-words that they couldn't guarantee he'd keep his position if someone else comes in and performs well.  They've got a sign on the wall about courage and loyalty being foundational building blocks of the program, and players who didn't opt out were celebrated as heroes.  My client wasn't provided with the proper counsel in order to make an informed decision, and this wanton recklessness on the part of a coaching staff fighting for their jobs has cost him the NFL career they all but guaranteed him during the recruiting process.  That's why we're seeking $10 million in damages and another $10 million in punitive damages.  Let's send a message to these institutions that these vulnerable student-athletes are NOT dispensable chattel for their coaches to cruelly exploit for their own enrichment. 
Good argument counselor. Universities can no longer accept the liability of having athletes compete for our fine institutions. We have decided to postpone all sports for the foreseeable future. Apparently we’ll go back to educating/indoctrinating our students. Unless, of course, there is liability involved.

Drew4UTk

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Re: Crystal Ball: No CFB this year.
« Reply #16 on: August 09, 2020, 12:40:13 PM »
Can a worker at Krogers or FoodLion, wal-mart or homedepot sue their employer if they contract covid?  Is the employer forcing them to work- like, "if you dont work we'll break the bones of your children until you relent"?  

As a said in @OldVol74 's thread about "how concerned", its not the sickness we gotta worry about.  

As soon as the left can entwine c9vid with climate control, we're effed in the worst way possible. 

KingKongGodzilla

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Re: Crystal Ball: No CFB this year.
« Reply #17 on: August 09, 2020, 12:57:39 PM »
"Your Honor, my client was pressured." Weak sauce that won't fly in court.
Players are pressured to perform every day. Prove he was illegally targeted and pressured. Almost impossible unless there is indisputable evidence. What about the waiver each player signed acknowledging the risks?
That's the difference between the real world and the fantasy world based on the pillar, "if I say it, then it's true." Any civil suit of this nature would likely be tossed or wouldn't make it past summary judgment.
But, the great thing about civil litigation, its the last frontier where the little guy can seek justice against 800lbs gorillas.

jgvol

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Re: Crystal Ball: No CFB this year.
« Reply #18 on: August 09, 2020, 01:32:36 PM »
Good point and I agree.

But ladies and gentlemen of the jury, my client felt unduly pressured to take the field as coaches told him in-not-so-many-words that they couldn't guarantee he'd keep his position if someone else comes in and performs well.  They've got a sign on the wall about courage and loyalty being foundational building blocks of the program, and players who didn't opt out were celebrated as heroes.  My client wasn't provided with the proper counsel in order to make an informed decision, and this wanton recklessness on the part of a coaching staff fighting for their jobs has cost him the NFL career they all but guaranteed him during the recruiting process.  That's why we're seeking $10 million in damages and another $10 million in punitive damages.  Let's send a message to these institutions that these vulnerable student-athletes are NOT dispensable chattel for their coaches to cruelly exploit for their own enrichment. 

I have no doubt that your arguments made above, would with 100% certainty be made IRL.

Tricky navigating for sure. 


fuzzynavol

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Re: Crystal Ball: No CFB this year.
« Reply #19 on: August 09, 2020, 01:58:40 PM »
"Your Honor, my client was pressured." Weak sauce that won't fly in court.
Players are pressured to perform every day. Prove he was illegally targeted and pressured. Almost impossible unless there is indisputable evidence. What about the waiver each player signed acknowledging the risks?
That's the difference between the real world and the fantasy world based on the pillar, "if I say it, then it's true." Any civil suit of this nature would likely be tossed or wouldn't make it past summary judgment.
But, the great thing about civil litigation, its the last frontier where the little guy can seek justice against 800lbs gorillas.
"Your Honor, my client was pressured." Weak sauce...

Ladies and gentlemen of the jury, it's easy for a well-to-do lawyer to stand up here and call the pressure these young men are under to succeed for themselves and their poverty-stricken families, "weak."  But I would suggest he's never walked in their shoes.  

Players are pressured to perform every day. Prove he was illegally targeted and pressured.

Happily - we've subpoenaed several teammates to corroborate the coaches actions, along with the strength coach.  And unlike the Trump administration, these subpoenas will not be ignored.  

What about the waiver each player signed acknowledging the risks? 

My 20 year old client signed that contract under extreme duress, and I'll remind the court that this matter has no precedent, as we are in unprecedented times.  

That's the difference between the real world and the fantasy world based on the pillar, "if I say it, then it's true." Any civil suit of this nature would likely be tossed or wouldn't make it past summary judgment.

You may be right - I'm just having fun spit-ballin. 

But, the great thing about civil litigation, its the last frontier where the little guy can seek justice against 800lbs gorillas. 

Maybe Billy will drop by and weigh in.  

billyboy75

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Re: Crystal Ball: No CFB this year.
« Reply #20 on: August 09, 2020, 02:09:57 PM »
Any lawsuit, no matter how frivolous or without factual or legal foundation, will take months. 

Such suits, if brought, would be extremely weak.  But you still have to go thru motion to dismiss, then discovery, then motion for summary judgment, before it could be tossed out.

The practical issue is how will the plaintiff's lawyer be paid?   Not from money upfront, such as $20,000 or more, or from the payday at the end when you win big.   Wont happen, so any rational attorney would not bother to file such a suit.  But there are quite a few irrational, ambitious, publicity seeking types who want their name out there.   Only that type would file such a suit.  

Personally, I like to make money and be paid for what I do.

gymvol

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Re: Crystal Ball: No CFB this year.
« Reply #21 on: August 09, 2020, 02:11:08 PM »
Good point and I agree.

But ladies and gentlemen of the jury, my client felt unduly pressured to take the field as coaches told him in-not-so-many-words that they couldn't guarantee he'd keep his position if someone else comes in and performs well.  They've got a sign on the wall about courage and loyalty being foundational building blocks of the program, and players who didn't opt out were celebrated as heroes.  My client wasn't provided with the proper counsel in order to make an informed decision, and this wanton recklessness on the part of a coaching staff fighting for their jobs has cost him the NFL career they all but guaranteed him during the recruiting process.  That's why we're seeking $10 million in damages and another $10 million in punitive damages.  Let's send a message to these institutions that these vulnerable student-athletes are NOT dispensable chattel for their coaches to cruelly exploit for their own enrichment. 


The death rate among people under the age of 25 is almost non existent. To imagine athletes who are supposedly in the peak of health, that are in physically superior condition with no underlying medical conditions would die from Covid-19 is more hyperbole from left wing loons as yourself. They are not by any standard vulnerable student athletes.

What we have to worry about is not college football players dying from the virus but democrats like Cuomo putting anyone with it in nursing homes murdering senior citizens.

snip;





As shown, deaths in young people (from babies to college students) are almost non-existent. The first age group to provide a substantial contribution to the death toll is 45-54 years, who contribute nearly 5% of all coronavirus deaths. More than 80% of deaths occur in people aged 65 and over. That increases to over 92% if the 55-64 age group is included.

https://www.acsh.org/news/2020/06/23/coronavirus-covid-deaths-us-age-race-14863
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Cincydawg

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Re: Crystal Ball: No CFB this year.
« Reply #22 on: August 09, 2020, 03:26:28 PM »
Death as an outcome obviously is not the sole metric of concern here.  This is highly contagious, and could rip through a team in no time if one person has it, and many would get sick enough to be unable to play.  My son was quite sick for 4-5 days, and very tired thereafter.


fuzzynavol

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Re: Crystal Ball: No CFB this year.
« Reply #23 on: August 09, 2020, 03:47:29 PM »
Any lawsuit, no matter how frivolous or without factual or legal foundation, will take months. 

Justice delayed is justice denied, sir.  

Such suits, if brought, would be extremely weak.

Ob-Jection your honor!  I will not sit idly by while my client is being denigrated by this two-bit elitist.

But you still have to go thru motion to dismiss, then discovery, then motion for summary judgment, before it could be tossed out.

I take it you weren't swayed by my jurisprudence?

The practical issue is how will the plaintiff's lawyer be paid?  Not from money upfront, such as $20,000 or more, or from the payday at the end when you win big.  Wont happen, so any rational attorney would not bother to file such a suit.

Would it be bad to be paid a percentage of the winnings or settlement (assuming they do)?

But there are quite a few irrational, ambitious, publicity seeking types who want their name out there.  Only that type would file such a suit.  

Maybe they're who the Universities are afraid of - assuming there's any credence to my ramblings.  

Personally, I like to make money and be paid for what I do.

Same.  

Cincydawg

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Re: Crystal Ball: No CFB this year.
« Reply #24 on: August 09, 2020, 03:52:11 PM »
My guess is they all cancel this week, by Friday.  They may try and fashion spring football, which would be interesting.

ATexasVol

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Re: Crystal Ball: No CFB this year.
« Reply #25 on: August 09, 2020, 04:22:43 PM »
Maybe universities think they're uniquely vulnerable to lawsuits if their players get the virus. 

It couldn't possibly be because college presidents and boards of regent are subject to intense political pressure from the left, not the least of which are their students, administrators, and professors.  

HK_Vol

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Re: Crystal Ball: No CFB this year.
« Reply #26 on: August 09, 2020, 07:40:14 PM »
I would note that 51 had died as of that date under age 25.
To put that in perspective, there are 104 MILLION people in the US in the 0-24 year-old age range.
And of those 51, how many had some sort of pre-conditions?

It is a nasty, ugly flu, but no more dangerous to that age group than the regular flu, pneumonia, and much less dangerous than riding in cars and getting into a deadly auto wreck.


fuzzynavol

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Re: Crystal Ball: No CFB this year.
« Reply #27 on: August 09, 2020, 08:09:27 PM »
I would note that 51 had died as of that date under age 25.
Do you have any data on survivors who are left with problems with chronic fatigue?


 

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