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UPDATED: Todd McNair Files Lawsuit against NCAA

I just got a text message alert that Todd McNair filed a lawsuit against the NCAA Friday.

Here is the message...

Former USC assistant coach Todd McNair files lawsuit against the NCAA in Los Angeles Superior Court Friday. USCFootball.com

I have looked for other confirmation but have yet to find it...so no link available at this time.

Good for him. I am surprised that they filed suit so quickly...usually it takes a while to get all the ducks in a row.

It will be a long road ahead but I hope he gets some relief.

If this actually goes to trial it will be interesting to see what turns up.

More as it is becomes available...

UPDATE #1

From Bryan Fischer's Twitter...

McNair is suing the NCAA for libel, slander and negligence among other things. Demands a jury trial.less than a minute ago via TweetDeck Favorite Retweet Reply

 

UPDATE #2

Here is the filing...

Todd McNair v. NCAA

Comment 39 comments  |  3 recs  | 

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Good for him.

Floyd should have done the same thing to yahoo after those allegations of him standing on the street corner handing out cash.

At USC we're not snobs, we're just better than you.

by TrojanCBB on Jun 5, 2011 12:14 PM PDT reply actions  

Todd McNair was a "throw away" human being to the NCAA

He was treated worse than “guilty until proven innocent”, as the possiblity that he might be innocent was never even explored. He was “necessarily guilty” to the NCAA, in a process that was devoid of truth and justice…a process that served only the predetermined agenda of the enforcement staff and COI. And McNair mattered not to them. He was a means to their ends, garbage for their dumpster.

I have no idea if McNair knew about Bush’s benefits. But I do know that he was entitled to the NCAA’s BEST efforts of due process and fairness. Unfortunately, the NCAA determined that he did not even merit their WORST efforts. I hope he bankrupts the bastards!

by TrojanJAG on Jun 5, 2011 1:28 PM PDT reply actions   1 recs

Hear hear!

"The people who cast the votes decide nothing. The people who count the votes decide everything." - Joseph Stalin
U feeling Loco?

by M. AGRIPPA on Jun 5, 2011 1:47 PM PDT up reply actions  

AMEN

_________________________________________________________________________‎
"You can't sanction heart, and you can't sanction the will to win" - USC QB, Matt Barkley

by WE ARE SC on Jun 6, 2011 9:17 AM PDT via mobile up reply actions  

GAME ON BABY!!!!!!!!!!!!!!

This will never see trial but it’s fun to think about the Fat F*ck, Missy the “Whore of Notre Dame,” Potuto Head, and the rest of the cabal going through interrogatories, depositions and all the other sundry pre-trial miseries. Ah, to be a fly on that wall!

Realistically, just like with Neuheisel, this action should never go to trial. The road is well traveled and TMac will become a millionaire, his record will be cleared.

On the other hand… If TMac and his attorneys want to make history, it is certainly in their power to slay the Odious Monster. An LA Superior Court Jury will gleefully see to the dismantling of the corrupt NCAA.

FIGHT ON TMAC!

"The people who cast the votes decide nothing. The people who count the votes decide everything." - Joseph Stalin
U feeling Loco?

by M. AGRIPPA on Jun 5, 2011 1:46 PM PDT reply actions  

Dripping with irony... Bruce A. Broillet is a DOMER

"The people who cast the votes decide nothing. The people who count the votes decide everything." - Joseph Stalin
U feeling Loco?

by M. AGRIPPA on Jun 5, 2011 2:47 PM PDT reply actions  

Intervening variable: he's a lawyer

Either that, or he thinks this is a catastrophe waiting to happen and is just fanning the flames in the hopes that SC gets singed. But I think the “lawyer” part is the key one.

"When the seagulls follow the trawler, it's because they think sardines will be thrown into the sea"

by DC Trojan on Jun 5, 2011 7:16 PM PDT up reply actions  

But of course!

As they say… The only difference between a rat and a lawyer is there are some things a rat won’t do.

"The people who cast the votes decide nothing. The people who count the votes decide everything." - Joseph Stalin
U feeling Loco?

by M. AGRIPPA on Jun 5, 2011 7:44 PM PDT up reply actions  

GREAT glad to see someone has Balls

Funny thing is that those idiots on the COI have probably never been sue, and will be shitting their pants over this one.

BOOM_BOOM that was the sound of the DUCKs being shot down again in a BCS Bowl Game---I guess all that Slave Money can't buy a championship.

oH and Flush the sound Our Basketball Program is going down the drain, anybody got some liquid Plumber.

by so.cal.native1952 on Jun 5, 2011 5:26 PM PDT reply actions  

tarkanian and Neuheisal have both sued and won...

At USC we're not snobs, we're just better than you.

by TrojanCBB on Jun 5, 2011 11:15 PM PDT up reply actions  

Yeh but not the punks that set us up, plus it will be great if it goes to court.

If I was Haden and Nickilas I would now spring a lawsuit on the ncaa, it would totally catch them with their pants down.

BOOM_BOOM that was the sound of the DUCKs being shot down again in a BCS Bowl Game---I guess all that Slave Money can't buy a championship.

oH and Flush the sound Our Basketball Program is going down the drain, anybody got some liquid Plumber.

by so.cal.native1952 on Jun 6, 2011 4:42 AM PDT up reply actions  

I think the greater question is this:

If McNair is at all successful — and even a settlement has to be regarded as at least moderately successful — will it have any impact on the Trojans’ sanctions?

by exDTguy on Jun 5, 2011 6:20 PM PDT reply actions  

No effect

The NCAA will drag this out for YEARS. USC should encourage the BCS to wait until the case is adjudicated before deciding the fate of the 2004 National Championship. As a practical matter, the scholarship reductions levied against USC will be in the past when the case reaches a jury or a settlement, therefore all we can look forward to is a moral victory. It will be enough for USC to clear its name.

"The people who cast the votes decide nothing. The people who count the votes decide everything." - Joseph Stalin
U feeling Loco?

by M. AGRIPPA on Jun 5, 2011 6:55 PM PDT up reply actions  

Yes you got it right Loco and now I feel even if USC did follow suit with McNair it would take to long, and USC doesn't ever get scholarships back.

BOOM_BOOM that was the sound of the DUCKs being shot down again in a BCS Bowl Game---I guess all that Slave Money can't buy a championship.

oH and Flush the sound Our Basketball Program is going down the drain, anybody got some liquid Plumber.

by so.cal.native1952 on Jun 6, 2011 4:45 AM PDT up reply actions  

STICK IT TO THE MAN

Don't play F A G! Do not play F A G! Don't- (BLAST F). OH MY GOD WHAT ARE YOU (BLAST A) DOING?! I SAID NOT TO (BLAST G)!

by DFWTrojanTuba on Jun 5, 2011 6:29 PM PDT reply actions  

Los Angeles Superior Court = Plaintiff's ATM

The NCAA doesn’t have a chance because LA juries always side with “the little guy.” The punitive damages will be astronomic.

by aeneas on Jun 5, 2011 7:00 PM PDT reply actions  

theyll just settle in exchange for a gag order.

At USC we're not snobs, we're just better than you.

by TrojanCBB on Jun 5, 2011 11:16 PM PDT up reply actions  

Some people just can't allow the facts to interfere with their hate

Photobucket"/>
“Todd McNair has filed a lawsuit against the U$C”
Wow…

"The people who cast the votes decide nothing. The people who count the votes decide everything." - Joseph Stalin
U feeling Loco?

by M. AGRIPPA on Jun 6, 2011 12:11 AM PDT reply actions  

Well, what do you expect from a

bRuin.

Oh, Mama, can this really be the end
To be stuck inside of Mobile
With the Memphis blues again
-R. Zimmerman

by gnossos on Jun 6, 2011 12:39 AM PDT up reply actions  

Ha ha ha ha this coming from a guy that goes by the name of a mythical character, G you should sue BN for detrimental use of greek gods names.

Why can’t the mods over there GROW UP

BOOM_BOOM that was the sound of the DUCKs being shot down again in a BCS Bowl Game---I guess all that Slave Money can't buy a championship.

oH and Flush the sound Our Basketball Program is going down the drain, anybody got some liquid Plumber.

by so.cal.native1952 on Jun 6, 2011 4:51 AM PDT up reply actions  

'Been Down So Long, It Looks Like Up To Me'

Oh, Mama, can this really be the end
To be stuck inside of Mobile
With the Memphis blues again
-R. Zimmerman

by gnossos on Jun 6, 2011 10:52 AM PDT up reply actions  

“shut up and keep your mouth”

There’s nothing like a frenzied posting session while foaming at the mouth to reduce the accuracy of one’s typing.

"When the seagulls follow the trawler, it's because they think sardines will be thrown into the sea"

by DC Trojan on Jun 6, 2011 6:47 AM PDT up reply actions  

You have to feel bad for the Bears...

See how their children turned out all wrong :-P

"The people who cast the votes decide nothing. The people who count the votes decide everything." - Joseph Stalin
U feeling Loco?

by M. AGRIPPA on Jun 6, 2011 8:31 AM PDT up reply actions  

yah Yogi and Bu-boo would have been better

Maybe it is all the squirrels on campus that influences their soles, oh no I forgot they are all influenced by the Wizard of Gilbert.

BOOM_BOOM that was the sound of the DUCKs being shot down again in a BCS Bowl Game---I guess all that Slave Money can't buy a championship.

oH and Flush the sound Our Basketball Program is going down the drain, anybody got some liquid Plumber.

by so.cal.native1952 on Jun 6, 2011 8:35 AM PDT up reply actions  

They are stupid

The last thing the NCAA wants is discovery. This a contract/libel action against the NCAA, so it’s irrelevant what USC might have done outside of Bush.

I would guess that if the NCAA doesn’t get the suit thrown out, they settle. How the NCAA goes about making it’s enforcement decisions, the emails between COI members and the enforcement investigators, etc. that they last thing they want public.

by Zoulou on Jun 6, 2011 12:12 PM PDT up reply actions  

They are indeed...

So what’s your opinion on the merits of the complaint? I am told Broillet usually goes all the way for the kill.

"The people who cast the votes decide nothing. The people who count the votes decide everything." - Joseph Stalin
U feeling Loco?

by M. AGRIPPA on Jun 6, 2011 1:10 PM PDT up reply actions  

We'll see how the NCAA responds

I get the feeling that with the timing that McNair knew that he and USC would lose, and he waited until after the USC appeal to file. I’m not sure if USC gave him the go ahead, because I don’t think they really have much say, but I’m guessing that after checking with counsel, USC didn’t beg him not to.

From the pleadings, as far as I can tell, people who think this suit is going to expose USC, Carroll, etc. will be disappointed.

As for removing from state court, I’m not sure on what grounds. Federal Courts don’t like these “pissy” state law actions.

by Zoulou on Jun 6, 2011 2:14 PM PDT up reply actions  

haha the only grounds they have to show is that the amount in controversy is over 75k and the parties are diverse

it doesn’t really matter what federal courts like. I think the NCAA is incorporated in Indiana so I don’t see any obstruction to removal. the citizenship of the DOES could be a problem, but that is only way it doesn’t get removed in my opinion

I like orange and I am a dog person

by goldballs on Jun 6, 2011 2:38 PM PDT up reply actions  

even then McNair is going to have to name those DOEs that destroy diversity b/c

they are being sued under a fictitious name right now and they are ignored

I like orange and I am a dog person

by goldballs on Jun 6, 2011 2:47 PM PDT up reply actions  

I am interested to see what comes of this though

I am not a fan of the NCAA and am disappointed that an organization full of lawyers does not appear to have any concern for precedent or clearly drafted rules. Reading through the complaint makes me skeptical about the likelihood of success for a lot of McNair’s claims though…

I like orange and I am a dog person

by goldballs on Jun 6, 2011 3:14 PM PDT up reply actions  

"For purposes of removal … the citizenship of defendants sued under fictitious names shall be disregarded." 28 USC § 1441(a)

by Zoulou on Jun 6, 2011 4:07 PM PDT up reply actions  

  • in all jurisdictions outside the State of Tennessee :-P

"The people who cast the votes decide nothing. The people who count the votes decide everything." - Joseph Stalin
U feeling Loco?

by M. AGRIPPA on Jun 6, 2011 4:38 PM PDT up reply actions  

I am confused are you saying I was wrong somehow?

the code section he cited clearly corroborates what I said

I like orange and I am a dog person

by goldballs on Jun 7, 2011 7:11 AM PDT up reply actions  

Interesting.

Depending upon how the NCAA feels/documents their internal workings, this might not even get to any sort of real discovery. They might pay him off A LOT in exchange for a gag order on everyone. Flip side, if they have good internal documentation to back up what they said and did….it could get ugly all the way around. I lean towards the first option.

Go Bears Go

by Rocksanddirt on Jun 6, 2011 10:11 AM PDT reply actions  

Heh, they sure as hell don't want this guy in front of an LA Superior Court jury


Case closed!

"The people who cast the votes decide nothing. The people who count the votes decide everything." - Joseph Stalin
U feeling Loco?

by M. AGRIPPA on Jun 6, 2011 10:21 AM PDT up reply actions  

they don't want ANY

of their school/conference affiliated people infront of a LA county jury.

The train wreck drama would be spectacular though, as an outsider.

sigh

Go Bears Go

by Rocksanddirt on Jun 6, 2011 10:26 AM PDT up reply actions  

Oh yah, the entertainment value of the thing would be priceless. And really, we’re all insiders as “member institutions” of the NCAA.

"The people who cast the votes decide nothing. The people who count the votes decide everything." - Joseph Stalin
U feeling Loco?

by M. AGRIPPA on Jun 6, 2011 11:34 AM PDT up reply actions  

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