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Martell’s Attorney re: NCAA Waiver

CashMoneyCane said:
Do not like our chances on this. I didn't to begin with, but when your lawyer is saying "let's just throw a bunch of stuff at the wall and see what sticks," that's a problem.

If Martell were going to any school other than Miami I'd be more confident, but the NCAA has a very long and well-documented history of ******** The U at every turn.
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Am an Attorney, this immediately stuck me as odd while reading. Why on earth would you float this in the public domain during an active claim.
 
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I'm an attorney. I know there are other attorneys on this board. But I cannot stop laughing at all these posters who are definitely not attorneys and still questioning the legal strategy of his attorney.

Conditioning is the strategy as another poster accurately pointed out.
 
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Fields literally has an argument that a racist attacked him but dude got kicked out of school so had his consequences so what else? You're mad a future first round pick kept his spot over you? If he gets a waiver then **** near any kid can get one
 
Canes1968 said:
The school not receiving punishment is irrelevant.

He had to stay until the end of the season because the story broke so late that it would have been too difficult to find a place to transfer to without jeopardizing his education and career, so he decided to stick it out to see if tOSU would do the right thing. By the time the issue was resolved it was too late to transfer.

No chance the NCAA rejects a waiver on these grounds. Can you imagine the backlash and the headlines? Violence against women is one of the hottest of hot button issues right now.
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You say no chance the NCAA rejects a waiver on these grounds.

You do realize this is the same NCAA that literally invented self-corroboration as a legal strategy, right?
 
Canes1968 said:
What don’t you get about my post? His waiver will use tOSU’s handling of the Urban Meyer / Zach Smith scandal. He’ll build a case on a moral objection to how that was handled. Quite frankly, it’s a slam dunk.
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Typical know-it-all Canes1968 post. Of course, he's not the attorney, so he is clueless as to whether they will actually use the Zach Smith controversy. And the "slam dunk" assessment is not even shared by the attorney.

Man, we have some bad porsters on this site.
 
kryptonite said:
...he said until we started losing our depth to other teams. Will you be saying that when we lose our stars every time they don't start freshmen year?
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He said when we have coaching changes. Also you can not prevent a kid from transferring. Not sitting out a year is the issue
 
UProspect said:
Am an Attorney, this immediately stuck me as odd while reading. Why on earth would you float this in the public domain during an active claim.
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Totally agreed. But at the same time... this isn't about the law. We're not talking a discrimination suit with actual legal bearing, we're talking about a claim against a private organization. The NCAA can do whatever it wants as long as they're not breaking the law in doing so.
 
Tree said:
They self imposed just like uga did...racist player was dismissed at uga and urban liar was suspended
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Martell arguing he was offended by the situation, but didn’t quit the team isn’t the same as Fields being offended by the baseball culture and seeking a waiver to transfer before the season starts.

Martell would have the same case Fields has if he had quit the team when the situation became public. His is football specific.

I’m pretty sure Fields is going with the baseball argument, and his football season had nothing to do with that.
 
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moshated305 said:
Also, just like someone said about Martell, why not leave when it happened? Like I said either they both play or both sit. Neither one has a strong case but the NCAA has lightened up in recent years on waivers.
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It is just ridiculous that nitwits continue to insist that "finishing the semester" is somehow a bad fact for these kids. THIS IS COLLEGE. It costs a lot of money, your credits and graduation date are on the line. You don't just quit in the middle of the semester when something bad happens. It's OK to wait until the next semester to change your situation.
 
NajeCane said:
He said when we have coaching changes. Also you can not prevent a kid from transferring. Not sitting out a year is the issue
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Yeah, I know. The thing that's kept kids from transferring as soon as somebody else got the starting job is sitting out a year. If kids can get waivers whenever their coach leaves or somebody calls them a name there's going to be a lot of moving around. And as we get better it will start to negatively affect us.
 
cyrez8 said:
I'm an attorney. I know there are other attorneys on this board. But I cannot stop laughing at all these posters who are definitely not attorneys and still questioning the legal strategy of his attorney.

Conditioning is the strategy as another poster accurately pointed out.
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If the strategy is conditioning, the phrasing is tragic. He could have said:

"We believe we have a multitude of valid claims for the basis of an immediate eligibility waiver. We will present these claims to the NCAA and expect them to agree and grant our request."

What he said was:

"We'll just throw a bunch of arguments at the wall and hope one sticks."

It doesn't take a law degree to see the attorney openly admitted their case is weak and doesn't have any one specific indisputable claim for a waiver.
 
TheOriginalCane said:
It is just ridiculous that nitwits continue to insist that "finishing the semester" is somehow a bad fact for these kids. THIS IS COLLEGE. It costs a lot of money, your credits and graduation date are on the line. You don't just quit in the middle of the semester when something bad happens. It's OK to wait until the next semester to change your situation.
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Players leave teams and finish the semester all the time. It’s not a foreign concept.
 
kryptonite said:
I don't think it does. UGA corrected the matter as best they could, so you can't say they were supporting racism, so what's the reasoning? A kid called him a racist name? Yeah, that happens at lots of schools. And even when it doesn't, kids will be able to say it did. So is the metric that it has to be verifiable? Like if a kid gets called names privately he's got no recourse, but if there are witnesses he's good to go?

Personally I never would have gone to UGA in the first place because I'd just assume that's how I'd be seen. There's too much racist history in that part of the world for me to be comfortable. I feel for any kid who can't feel comfortable at their school because of sht like this, but you know we wouldn't be talking about this if he had gotten the starting job.
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Unlike the idiot attorney representing Martell, who just put the whole legal strategy in an interview, the attorney for Fields has implied that there is a lot more that happened than just one racist comment.

So, uh, yeah, as an attorney, I have a lot more confidence in Fields' attorney winning his case than I do with Martell's attorney ("throw **** against the wall and see what sticks").
 
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moshated305 said:
One drunk idoit at a game. And the school dismissed the said idiot. The truth is Fields was upset from lack of PT. At least Martell can argue the HC he committed to left. The football team itself has nothing to do with the racist baseball player.
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other thing is Fields sister is going to play softball at UGA how can it not be safe for him to play there but ok for his sister to go there and play?
 
TheOriginalCane said:
Unlike the idiot attorney representing Martell, who just put the whole legal strategy in an interview, the attorney for Fields has implied that there is a lot more that happened than just one racist comment.

So, uh, yeah, as an attorney, I have a lot more confidence in Fields' attorney winning his case than I do with Martell's attorney ("throw **** against the wall and see what sticks").
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Yeah, I thought that was pretty stupid. He basically said they don't have a case so he'll just start shouting things and hope it works. Meanwhile Field's guy is trying to sway public opinion so the NCAA will look terrible denying him.
 
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