Wisconsin sues Miami

[jgeorge322]

I can see how you could sue a player for failing to do the number of autograph signings or public appearances for which he was contracted. But I don’t see how you can sue him for deciding to play at another school. I mean, you paid him for his NAME, IMAGE & LIKENESS. Not for him playing football at your favorite school. Right?

Ha that’s good point

 

[HtownOrange]

Notice Wisconsin is suing the school and not the player. Probably because it’d be a terrible look to school the player and the damages are questionable.

All those referring to non competes, those typically are not enforceable except in a small geographic area so good luck with that.

I would agree with you in the regional aspect of a noncompete clause; however, in CFB, due to the limited number of teams within conferences and the number of schools overall, the noncompete clause has a better chance of survival.

I agree with your first paragraph. A terrible look and damages would be only the cost of recruiting and difference in payout to the player.

 

[AngryOtto]

They are suing Miami for intentionally interfering with the contract causing breach. This will have a stronger impact than suing the player. If a school thinks they have to pay damages it may cause them to think twice about trying to poach a player. Even if they work through a 3rd party to contact the player they are causing an intentional breach.

 

[javadoc]

They are suing Miami for intentionally interfering with the contract causing breach. This will have a stronger impact than suing the player. If a school thinks they have to pay damages it may cause them to think twice about trying to poach a player. Even if they work through a 3rd party to contact the player they are causing an intentional breach.

Tortious interference? Alienation of affections?

 

[Capt. Tuttle]

Yes, if it’s breach of contract. Multi year “holds” are a contract. Lots of employees are “under contract”. They can quit but it doesn’t mean they can go elsewhere. Or else a contract is meaningless. The question is, is all this NIL binding or not. We will find out.

Non-competes are on the way out. What is the state’s interest in holding a kid to a contract that can be filled by others? Has Washington ever hired a coach from another school? That’s tortious interference. Has the big whatever conference ever poached a school from another conference. Lots of pot and kettle stuff going on.

 

[Capt. Tuttle]

They are suing Miami for intentionally interfering with the contract causing breach. This will have a stronger impact than suing the player. If a school thinks they have to pay damages it may cause them to think twice about trying to poach a player. Even if they work through a 3rd party to contact the player they are causing an intentional breach.

Wisconsin will lose. It should use summarily.

 

[grepal]

Interesting but I just don’t see the courts upholding multi-year holds on players. Can an employer tell you that you can’t quit? If it is a subcontractor that might be different but as far as I know, “employee” has been used to define the players.

A contract is different. What if he had a 2 year do not compete?

 

[SU68]

Tortious interference? Alienation of affections?

Loss of consortium?

 

[HtownOrange]

Non-competes are on the way out. What is the state’s interest in holding a kid to a contract that can be filled by others? Has Washington ever hired a coach from another school? That’s tortious interference. Has the big whatever conference ever poached a school from another conference. Lots of pot and kettle stuff going on.

That is why I think you will see the powers that be reach a standard by which players can be poached or secured. The nonsense of Pena securing a deal for this fall then jumping to PedState is an example thae all coaches are for when they are the gaining coach but dead set against when they are the losing coach. Pros are locked into contacts for the duration or trade. The players are merely minor league players now. Schools will want stability via contracts. The NCAA has neither legal nor moral authority anymore as evidence by PedState and U of No Classes, breaching any authority that may have had both times.

This may also lead to a collective bargaining unit for the players. Who knows? However, a CBU for the players may destroy any notion of not being employees of the school. All we can do slis speculate.

 

[Chip]