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Wisconsin officially sues Miami over Xavier Lucas

Bender said:
Do we really want to give this attention? Cause nothing will come out of it. Even the NCAA, who surely would've investigated if foul play was actually at hand, didn't do **** because Lucas' lawyer had his guns loaded.

Wisconsin tried to bind a player with a contract (illegal) based on a settlement where the ruling didn't exist yet. I can't wait to be convicted of a crime that's not written into law but may be written into one in six months.

But cool, have them take the L. It's even more pathetic that they're not suing Lucas for breach of contract but only the university for tampering in hopes of receiving money.
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100% and you are absolutely right, this deserves zero attention because all it is, is pure posturing BS. This will go nowhere and it’s only an L for Wisconsin. Lol
 
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Didn't Wisconsin poach one of our DBs a few days after he went in the portal? A Florida kid no less. Someone explain to me that he wasn't tampered with.
 
TheOriginalCane said:
Hilarious.

Basically, the complaint says nothing of value.

No references to the specific clauses of the contracts themselves.

And a "family member" of Xavier Lucas told them a couple of things.

NO DATES provided for any of the Miami contact. No information whatsoever.

MULTIPLE statements that indicated that Wisconsin spent a lot of time REFUSING to put his name in the Portal. This is a key component, because it is central to the concept that WISCONSIN CREATED THE TAMPERING by unreasonably refusing to create a situation that would NOT be tampering (i.e., if Wisconsin puts Xavier's name in the Portal, then schools can talk to him, but if they REFUSE to do so, then Wisconsin creates a situation that "requires" tampering).

No specificity of monetary damages, presumably to create a fog around removal to federal court (no dollar amount in controversy, at least as stated thus far).

As I have stated before, TWO plaintiffs, one of which is the collective.

EVEN IF the "Collective NIL" contract was to be found valid, it was due to expire upon the House settlement approval. There is a vague reference to a December 2 payment, not sure if that is the original NIL, the "new" short-term NIL, and it certainly was not specified to be for the "future rev-share contract".

Even with an execution date of December 2, Xavier Lucas expressed his desire to transfer two weeks later. Again, NOTHING HAPPENED to give rise to damages in those two weeks.

Whole thing is a joke. "But he signed a future contingent contract". Yes, one where Wisconsin provided no consideration and was terminated well before the contingent condition. You CANNOT use the consideration from one earlier contract to cover another later contract. Must be paid separately, or at least separately stated if paid at one time.

Not worried at all.

A vague pile of horse****.
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I honestly can't thank you enough. For a person with zero understanding of law your breakdown made everything clear. This isn't sucking up, I sincerely appreciate it.

Still sad as **** whisky and the big ten are pursuing it.
 
There were no damages. End of story...

The reason there was no damages is because the kid wasn't going to play for them next season. No matter what team he went to. They would have to prove that he was going to play for Wisconsin and the only reason he left is because of Miami. Which is stupid and will get laughed out of court. They simply cannot prove that the only reason this kid entered the portal is because of Miami.

Also Wisconsin broke the NCAA rules by not entering his name into the portal and Wisconsin is currently under NCAA investigation for not following the rules again. The rules are in place to protect the kids. Wisconsin is walking a dangerous line, They are defrauding young adults. The kid can file a counter against them and should.
 
Can we counter-sue to be ****s for them taking TVD? lol in all seriousness Lucas gotta be a **** of a player for them to crash out like this. They can say goodbye to any legit SF recruits for a while.
 
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Brains said:
$100 PFS, 57.105, MTD.

Absolutely frivolous lawsuit. **** WISCONSIN, **** MADISON, **** THEIR ENTIRE FANBASE.
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They filed in Wisconsin circuit court.

www.documentcloud.org

U Wisconsin suit vs U Miami

www.documentcloud.org www.documentcloud.org

UM will remove to federal court, move to dismiss (potentially arguing lack of personal jurisdiction along with substantive arguments), and then proceed to wipe its *** with Wisky.
 
clg003 said:
There were no damages. End of story...

The reason there was no damages is because the kid wasn't going to play for them next season. No matter what team he went to. They would have to prove that he was going to play for Wisconsin and the only reason he left is because of Miami. Which is stupid and will get laughed out of court. They simply cannot prove that the only reason this kid entered the portal is because of Miami.

Also Wisconsin broke the NCAA rules by not entering his name into the portal and Wisconsin is currently under NCAA investigation for not following the rules again. The rules are in place to protect the kids. Wisconsin is walking a dangerous line, They are defrauding young adults. The kid can file a counter against them and should.
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The complaint language is really hilarious in this respect. Attorneys develop an eye for this stuff, and this one was so full of fluff. I mean, I think they probably wrote an extra 3-4 unnecessary pages just trying to beef up Lucas and how strong their commitment was to him. They even said his deal was one of the highest in UW history. It’s a joke, but they will have to prove it in discovery.

Lucas wasn’t named in the suit, so no reason for him to file a counterclaim. He should stay out of it if he can.
 
Not sure I agree agree with Heitner on all points; e.g. "tampering"/tortious interference) necessarily being attached to an employer/employee relationship.

That said, he represented Xavier and his thoughts are here:

www.espn.com

Wisconsin sues Miami for tampering with transfer

Wisconsin has filed a lawsuit claiming that the Miami football team broke the law by tampering with a Badgers player.
www.espn.com www.espn.com

@DMoney do I recall correctly you do business litigation? Would love to hear your thoughts
 
PalyCane said:
Not sure I agree agree with Heitner on all points; e.g. "tampering"/tortious interference) necessarily being attached to an employer/employee relationship.

That said, he represented Xavier and his thoughts are here:

www.espn.com

Wisconsin sues Miami for tampering with transfer

Wisconsin has filed a lawsuit claiming that the Miami football team broke the law by tampering with a Badgers player.
www.espn.com www.espn.com

@DMoney do I recall correctly you do business litigation? Would love to hear your thoughts
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I just don't see Wisconsin's endgame. There are no real damages. The more they try to show damages, the more they admit this is pay-for-play (which cuts against their antitrust/labor arguments in the bigger cases). It's absurd to argue they lost any real "NIL" value from Lucas, i.e. endorsements. Of course, they can't stop Lucas from playing for Miami and they don't even ask for that relief.

It seems the Big 10 just wants a court to bless their contingent MOU as an enforceable contract, and they want to get some bad discovery from Miami to put in front of Congress while asking for "sport-saving legislation." That's the only explanation that makes sense to me.
 
clg003 said:
There were no damages. End of story...

The reason there was no damages is because the kid wasn't going to play for them next season. No matter what team he went to. They would have to prove that he was going to play for Wisconsin and the only reason he left is because of Miami. Which is stupid and will get laughed out of court. They simply cannot prove that the only reason this kid entered the portal is because of Miami.

Also Wisconsin broke the NCAA rules by not entering his name into the portal and Wisconsin is currently under NCAA investigation for not following the rules again. The rules are in place to protect the kids. Wisconsin is walking a dangerous line, They are defrauding young adults. The kid can file a counter against them and should.
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Good point….they also used “teams” plural in their filing when mentioning he was being contacted.
 
PalyCane said:
Not sure I agree agree with Heitner on all points; e.g. "tampering"/tortious interference) necessarily being attached to an employer/employee relationship.

That said, he represented Xavier and his thoughts are here:

www.espn.com

Wisconsin sues Miami for tampering with transfer

Wisconsin has filed a lawsuit claiming that the Miami football team broke the law by tampering with a Badgers player.
www.espn.com www.espn.com

@DMoney do I recall correctly you do business litigation? Would love to hear your thoughts
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He’s absolutely right. As I said in my previous posts, courts will hate the non-compete aspects of Wisconsin’s case. The law generally allows for free competition, and that includes both Lucas and Miami here. The court will like this to an employer-employee relationship, because it basically was.

The court also will hate the power imbalance UW tried to impose upon Lucas. They will not like that they required him to sign without representation, and then pressured him when he wanted to transfer.

And now they are accusing Miami of tortious interference with that contract? It’s such a stretch that it is laughable. Tortious interference isn’t when a party already wants out of a contract. It’s when a company does something truly nefarious, like poaching executives in a malicious way.
 
A couple thoughts from reading this thread, without having yet read the complaint:

1. Someone else mentioned, but I think the B1G is involved because UW used its template.

2. UW didn’t plead with specificity, because it likely isn’t required in Wisconsin state court. But if it is moved to federal court, they will have to. At that point, a lot of these baseless allegations (like unnamed family member) will either have to be backed up with evidence, or (more likely) face a 12(b)(6) motion to dismiss.
 
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caneingville said:
The complaint language is really hilarious in this respect. Attorneys develop an eye for this stuff, and this one was so full of fluff. I mean, I think they probably wrote an extra 3-4 unnecessary pages just trying to beef up Lucas and how strong their commitment was to him. They even said his deal was one of the highest in UW history. It’s a joke, but they will have to prove it in discovery.

Lucas wasn’t named in the suit, so no reason for him to file a counterclaim. He should stay out of it if he can.
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Gotta get in those billable hours baby
 
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DMoney said:
I just don't see Wisconsin's endgame. There are no real damages. The more they try to show damages, the more they admit this is pay-for-play (which cuts against their antitrust/labor arguments in the bigger cases). It's absurd to argue they lost any real "NIL" value from Lucas, i.e. endorsements. Of course, they can't stop Lucas from playing for Miami and they don't even ask for that relief.

It seems the Big 10 just wants a court to bless their contingent MOU as an enforceable contract, and they want to get some bad discovery from Miami to put in front of Congress while asking for "sport-saving legislation." That's the only explanation that makes sense to me.
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At first, I thought that this was just an attempt to smear Miami’s name. It’s a win-win situation. Even if they lose they get to allegedly expose all the things we did to try to allure other players to come to Miami in the transfer portal or recruiting.
However, I really don’t see that being the end goal with the amount of money they would have to spend to fight this. Especially when you consider that the U getting mentioned in any negativity is like a cfb Pavlovian response.

From the beginning I suspected that they didn’t release him into the transfer portal because they knew that the flood gates would open with other players that signed that stupid contract.

The entire conference had most of their teams hand out this contract to other players. They were probably hoping for the smoke to clear to see where other players thoughts and actions would be at.
Suing Miami is probably gonna stop some players from entering the transfer portal because they would be afraid that if Wisconsin wins, then they would have to pay that money back.

This has the big 10’s fingerprints all over it and trying to stop a bunch of those contracts being automatically voided.

If they don’t sue, a bunch of players are gonna leave as soon as the next window opens. If they lose the same thing happens. But at least a lawsuit puts things in limbo indefinitely.

The season is about to start and they are probably players that have been wanting to transfer but are scared to because of what they signed.
But if an entire season passes, and Lucas doesn’t pay any money back, gets some all American honors or mentions, and gets a lot of NFL buzz; that contract is getting more and more worthless by the minute.
As soon as that portal window opens, they’re gonna jump in it. But if there’s pending litigation, they might not want to do it. So in essence, by suing Miami that contract holds some weight.

Also, if a bunch of people donated money to that collective and they can’t hold on to any of their players; they risk any future financial funding.
 
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