Other thread too big. Let's start "New and Improved Wiseman," lol.

A line from Monday's court order, in response to the TRO request:

"IT IS FURTHER ORDERED that the Nominal Defendant, University of Memphis, is hereby restrained and enjoined from withholding the plaintiff from intercollegiate competition as a member of the men’s basketball team on the basis of the NCAA decision, and that the University of Memphis is hereby authorized and allowed to play Mr. Wiseman as the coaching staff deems appropriate."

I don't have a link to the full TRO, but it's posted elsewhere.

Did Wiseman take time off for a religious mission, or was he held back a year, or play overseas before landing at Memphis? He sure looks much older than 18/19.

He certainly looks like a player who could go directly to the NBA.

(11-13-2019 03:40 PM)Kandy Atz Wrote:  Did Wiseman take time off for a religious mission, or was he held back a year, or play overseas before landing at Memphis? He sure looks much older than 18/19.

He certainly looks like a player who could go directly to the NBA.

Nope. Born March 31, 2001. Eighteen years old.

Thanks for posting that.

From my brief reading of the Ncaa rules regarding restraining orders and injunctions, the only way they can penalize Memphis down the road would be if at the upcoming preliminary hearing the judge decided on the evidence shown at the hearing that the TRO had no merit and no basis for being granted. Given the Ncaa's flip-flop over the summer, I think the court will find that the initial ruling had merit.

The court could still rule that Memphis shouldn't be penalized, and then lift the stay and rule that Wiseman is ineligible based on evidence at the hearing. At that point, Memphis wouldn't have much of a legal right to play him.

But there's too much drama around this case for both the Ncaa and the university to keep going on. It screams for a settlement which is what I think will happen.

Regardless of court order, there is the unresolved issue issue of Memphis playing Wiseman in their first game, when hours earlier the NCAA notified Memphis U that he was ineligible to play. Memohis defies the NCAA ruling when no Court proceeding had as yet been filed.

Regardless of the court proceeding, will be interesting to see if the NCAA ignores Memphis ignoring the NCAA’s initial ruling.

The TRO language dissipates the false narrative that Memphis summarily defied the NCAA’s ineligibility ruling.

(11-13-2019 03:27 PM)TripleA Wrote:  Other thread too big. Let's start "New and Improved Wiseman," lol.

A line from Monday's court order, in response to the TRO request:

"IT IS FURTHER ORDERED that the Nominal Defendant, University of Memphis, is hereby restrained and enjoined from withholding the plaintiff from intercollegiate competition as a member of the men’s basketball team on the basis of the NCAA decision, and that the University of Memphis is hereby authorized and allowed to play Mr. Wiseman as the coaching staff deems appropriate."

I don't have a link to the full TRO, but it's posted elsewhere.

Interesting.

The next question becomes: Will the NCAA respond by filing an appeal or a separate case, or will they simply reconsider their decision and revise their rule books accordingly?

If they let Memphis off the hook and revise their rule books accordingly, the definition of a "booster" or the activities permitted for boosters would have to be less restrictive than it is currently.

It could help if this turns out to be Hardaway's only rule violation - - they might let him off with a warning or a slap on the wrist.

On the other hand, if he knew he was violating the rule by funding the youth's family's moving expenses while having the status of a "booster," the NCAA would have to deal with the consequences of allowing dozens of other boosters to do the same thing. They're between a rock and a hard place.

(11-13-2019 04:27 PM)Miggy Wrote:  Regardless of court order, there is the unresolved issue issue of Memphis playing Wiseman in their first game, when hours earlier the NCAA notified Memphis U that he was ineligible to play. Memohis defies the NCAA ruling when no Court proceeding had as yet been filed.

Regardless of the court proceeding, will be interesting to see if the NCAA ignores Memphis ignoring the NCAA’s initial ruling.

I don't think either party will fall on the sword over that issue. Make Wiseman sit an extra game, or at worst Memphis forfeits that first game.

To litigate if Memphis had a justification for playing him in the first game would stretch out for a year or more. Memphis would argue that the same conditions that caused the granting of the TRO existed at the first game, and the notice--a couple hours before gametime--would have prevented Memphis from proper game preparation, and that the notice could have been given days earlier. The Ncaa of course will rebut all of that. Goes on for months or years.

The NCAA cares more about being defied/lied to than the actual sports-related infraction. Memphis in trouble.

Aren’t all the local judges Memphis alums?

When this goes to federal court, the Memphis Bubble will be popped.

A number of lawyers have already said it will never see Federal Court.

Then I guess it will be the Troll Bubble that got popped.

(11-13-2019 05:11 PM)ShockerFever Wrote:  Aren’t all the local judges Memphis alums?

When this goes to federal court, the Memphis Bubble will be popped.

The only way it goes to federal court is on diversity jurisdiction. In other words, plaintiff and defendant must be residents of different states. The UM is a legal resident of Tennessee, Wiseman is a Tennessee resident. The Ncaa is an association of its members and a resident of any state its members reside in. Here it's a resident of Tennessee.

So, no diversity, no federal court for you.

(11-13-2019 05:13 PM)BartlettTigerFan Wrote:  A number of lawyers have already said it will never see Federal Court.

Then I guess it will be the Troll Bubble that got popped.

A number of Memphis lawyers?

(11-13-2019 05:05 PM)jedclampett Wrote:  

(11-13-2019 03:27 PM)TripleA Wrote:  Other thread too big. Let's start "New and Improved Wiseman," lol.

A line from Monday's court order, in response to the TRO request:

"IT IS FURTHER ORDERED that the Nominal Defendant, University of Memphis, is hereby restrained and enjoined from withholding the plaintiff from intercollegiate competition as a member of the men’s basketball team on the basis of the NCAA decision, and that the University of Memphis is hereby authorized and allowed to play Mr. Wiseman as the coaching staff deems appropriate."

I don't have a link to the full TRO, but it's posted elsewhere.

Interesting.

The next question becomes: Will the NCAA respond by filing an appeal or a separate case, or will they simply reconsider their decision and revise their rule books accordingly?

If they let Memphis off the hook and revise their rule books accordingly, the definition of a "booster" or the activities permitted for boosters would have to be less restrictive than it is currently.

It could help if this turns out to be Hardaway's only rule violation - - they might let him off with a warning or a slap on the wrist.

On the other hand, if he knew he was violating the rule by funding the youth's family's moving expenses while having the status of a "booster," the NCAA would have to deal with the consequences of allowing dozens of other boosters to do the same thing. They're between a rock and a hard place.

This appears to be the sticking point. The booster rule makes Hardaway an active agent for the university. Remove the booster thing and its just a benefits violation from a highschool coach and not a university booster which makes it sinister in some peoples eyes.

(11-13-2019 05:11 PM)ShockerFever Wrote:  Aren’t all the local judges Memphis alums?

When this goes to federal court, the Memphis Bubble will be popped.

What happens when they settle and your dreams are shattered? Will you be ok? Can you ever again love WSU as much as you hate Memphis? I hope so, for your family.

Parrish just tweeted they're about to 'reach a resolution'.

(11-13-2019 06:48 PM)Crowleys Ridge Tiger Wrote:  

(11-13-2019 05:11 PM)ShockerFever Wrote:  Aren’t all the local judges Memphis alums?

When this goes to federal court, the Memphis Bubble will be popped.

What happens when they settle and your dreams are shattered? Will you be ok? Can you ever again love WSU as much as you hate Memphis? I hope so, for your family.

If it wasn’t for your legion of aholic fans, I would have no problem with Memphis. Do you think I hate for no reason?

If we have to vacate the first 2 wins, I'm assuming it will effect the UofM's NET?

Temporary Injunction hearing Nov 18