Forget Cal Poly - When Does Nelson Brands Sue to Get His Eligibility Back?

vhsalum

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Great, lawyerly breakdown here. F'ing incredible that this judge isn't hung and quartered immediately.

 

DPJ1

Junior
Sep 15, 2017
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Great, lawyerly breakdown here. F'ing incredible that this judge isn't hung and quartered immediately.

This judge has to be a Texas Tech alum, what a joke. Hopefully his ruling gets overturned when the NCAA appeals, but it's in Texas so who knows how that'll go.
 

vhsalum

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This judge has to be a Texas Tech alum, what a joke. Hopefully his ruling gets overturned when the NCAA appeals, but it's in Texas so who knows how that'll go.
Alas, no.

UT at Arlington and Houston Law Center.

A complete quack acting like this is a typical job (where you can't fire people for mental health issues as long as they are seeking treatment).
 

Wrestleknownothing

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Alas, no.

UT at Arlington and Houston Law Center.

A complete quack acting like this is a typical job (where you can't fire people for mental health issues as long as they are seeking treatment).
But all four judges in the court where they appealed ARE Texas Tech law school grads. So the NCAA has that to look forward too.
 
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Wrestleknownothing

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Weird times when I'm actually rooting for the NCAA to win a court case. College athletics are a mess and I don't think things are going to get any better unfortunately.
I agree, but there is also a degree of "chickens coming home to roost" here. The NCAA has fought long and hard to both treat sports as big business and deny that athletes are employees. If they were employees then these things would be collectively bargained (like they are in pro sports) and thereby not subject to state court litigation.
 

FanInBlack

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I agree, but there is also a degree of "chickens coming home to roost" here. The NCAA has fought long and hard to both treat sports as big business and deny that athletes are employees. If they were employees then these things would be collectively bargained (like they are in pro sports) and thereby not subject to state court litigation.
yep.
 

vhsalum

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I agree, but there is also a degree of "chickens coming home to roost" here. The NCAA has fought long and hard to both treat sports as big business and deny that athletes are employees. If they were employees then these things would be collectively bargained (like they are in pro sports) and thereby not subject to state court litigation.
Yup.

And now they want Congress to save them. Which isn't likely to happen because the SEC and Big Ten vehemently oppose congressional oversight and want conferences to make their own decisions. Which... makes NO SENSE.
 
Jul 18, 2025
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I agree, but there is also a degree of "chickens coming home to roost" here. The NCAA has fought long and hard to both treat sports as big business and deny that athletes are employees. If they were employees then these things would be collectively bargained (like they are in pro sports) and thereby not subject to state court litigation.
I don’t know. You could have an arbitrator make a bad decision under a CBA too.

To me, the chickens coming home to roost are the embrace by sports leagues of gambling. You push that stuff and you will have problems.
 

chipackhawk

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Yup.

And now they want Congress to save them. Which isn't likely to happen because the SEC and Big Ten vehemently oppose congressional oversight and want conferences to make their own decisions. Which... makes NO SENSE.
At some point when chaos abounds and there are cries that college sports is dead, there will be this bright idea that an organization must be formed to govern it all. One that sets the rules that all must follow in order to be part of this organization. It will have its flaws, but somehow it will be better than this. The current version of the NIL will be re-worked so players get something for their name/image/likeness. Yes, the NCAA will be back and most will be better for it. Except the agents and lawyers.
 
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Corby2

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I heard that yesterday as well. Insane.
Also read that the 7th district which will handle the appeal is backed up 9-12 months . They put in an accelerated appeal but those are 6-9 months so he's gonna get to play the season minus the 2 games to start the season
 

PinkShizzle

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And then sue the cop for hindering his sobriety?
Sean Flanagan Fah GIF by Foil Arms and Hog
 
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Ktrain1969

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Drunk drivers should just say it's an addiction to get out of DUIs with this argument (I'm not being serious, but you know what I mean).
I've worked with multiple people who tested positive for THC, kept their job by going to treatment, and 1 who popped again and was let go.
 
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chipackhawk

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I've worked with multiple people who tested positive for THC, kept their job by going to treatment, and 1 who popped again and was let go.
It's not so easy to do that in a state where it is legal. Has to be an obvious on the job use. Pretty much the same as with alcohol. Except THC can remain in the system far longer than alcohol so even immediate testing after an accident can be iffy. We have even been advised to no longer test for it on pre placement screenings.
 

Twoooooo

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And seriously. F that kid, F that coach, F that administration and F any booster of Texas Tech.

The fact that they even ENTERTAINED fighting this is just as egregious as the courts overturning his ban.
I can’t agree with the “F that kid”. Put yourself in his shoes. Yeah, I get he fuked up. But if given the chance to play college ball again. I imagine along with the majority here would say I want to play. Hopefully he learns from the mistake going forward.
 

vhsalum

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I can’t agree with the “F that kid”. Put yourself in his shoes. Yeah, I get he fuked up. But if given the chance to play college ball again. I imagine along with the majority here would say I want to play. Hopefully he learns from the mistake going forward.

yeah. Absolutely not. You bet on your team kid. I guess i'm just old school. It's one thing if there was some injustice being done to him. There was absolutely not. Hell, the kid committed a federal crime. I'd be laying low - not requesting the courts to act like my crime is no big deal.
 

Wrestleknownothing

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I have little empathy for him suing to get back in college football. Through no one's fault but his own he cost himself that opportunity - and at least $4 million.

I am certainly in the camp of F Texas Tech and Cody Campbell for suing to make it happen (almost). That Ken Paxton just had to get involved, and did it in such a ham-handed way that it opened the door for the conference to sue in federal court, is just so delicious. Without the letter from Paxton there was still a chance he played. With it there were too many problems to resolve in too little time.
 

Twoooooo

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yeah. Absolutely not. You bet on your team kid. I guess i'm just old school. It's one thing if there was some injustice being done to him. There was absolutely not. Hell, the kid committed a federal crime. I'd be laying low - not requesting the courts to act like my crime is no big deal.
How do you know it was all pushed by him?
 

cwobrien11

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Great, lawyerly breakdown here. F'ing incredible that this judge isn't hung and quartered immediately.

I'm late to this party...so sorry for the late quote bump.

I have no idea what this particular judge was thinking. The judge basically rewrote 100 years of Texas legal precedent by intervening in an organization with voluntary membership. The Texas judiciary has gone out of their way to not intervene. The judge completely disregarded the intent and requirements of a temporary injunction and essentially just ruled on vibes without even attempting to meet the requirements to show the need or the hardship. None of that even touches the fact that he preemptively, and in this specific instance, permanently revoked the NCAA's ability to enforce bylaw 12.9.4.2 and extended that coverage to everyone on TT's schedule. That's significant overreach without any kind of legal leg to stand on.

There's no way that this thing stands up on appeal at all. The NCAA didn't do anything to violate any existing contract law and has applied similar rulings fairly uniformly over an extended period of time...normally the inconsistency is what gets the NCAA into trouble, but when it comes to gambling they have been very consistent. Gambling isn't covered by ADA or any of the various state laws in a similar vein. Sorsby also violated state laws in three different states (including Texas) in addition to federal laws with his gambling activities. There is evidence that he placed bets while underaged, using third party accounts to avoid detection, betting by proxy while in the state of Texas, etc.

I'm also 100% confident that the Big 12 is going to continue with its lawsuit in federal court...which while related, is still separate. There's almost no chance they lose that one...too much legal precedent to not rule in their favor. Failure to do so would basically mean that in the state of Texas corporations would have minimal ability to enforce their bylaws...and no judge in any state is going to throw that out for the potential benefit of any university.
 

manatree

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I'm late to this party...so sorry for the late quote bump.

I have no idea what this particular judge was thinking. The judge basically rewrote 100 years of Texas legal precedent by intervening in an organization with voluntary membership.

If one cannot follow the rules of a voluntary activity, then perhaps that voluntary activity is not the one for you.
 

el dub

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yeah. Absolutely not. You bet on your team kid. I guess i'm just old school. It's one thing if there was some injustice being done to him. There was absolutely not. Hell, the kid committed a federal crime. I'd be laying low - not requesting the courts to act like my crime is no big deal.
But… this is a new era, right? Did he bet on his team to win?