Memphis injunction...

Anon1679859502

All-American
Jun 28, 2015
4,862
9,154
113
They can play it anyway they want to but paying players is against the rules so all of these Memphis media and attorneys need to brush up on NCAA rules abit. I guess James thought his mom hit the lotto or something that’s where the money came from.
 

dave5164

All-Conference
Apr 6, 2009
4,119
2,599
0
I am sick of these fans especially Memphis fans that don't think that it was planned to bring Hardaway on a year before Wiseman decision. Everyone knew that James Wiseman really liked UK and Coach Cal and was heading to Lexington. His mom talked about Coach Cal in most articles and always said how much she liked Coach Cal and UK. Tubby didn't have a bad season in year two going 21-13 and everyone was talking about him coaching another season at Memphis.

Memphis was worried about Wiseman and knew with Tubby there that Wiseman was headed to UK. Memphis fires Tubby ,immediately hired Hardaway, Hardaway helps the Wisemans and do we really know the dollar amount Hardaway gave to the Wiseman Family? Then Wiseman commits to Memphis and now we know why and it's not hard to follow how Memphis and Hardaway made this happen. I don't care what anyone else says but this was DIRTY on how Wiseman was brought to Memphis.

This is no different than than the Kanter case and UK appealed and Kanters family was willing to pay the money back and for Kanter to sit out a few games to get to play at UK. The NCAA and Pres. Emmett said no way and Kanter missed the whole season because it was UK and Coach Cal. This was all handled dirty in firing Tubby, bringing in Hardaway, the money to pay for Wiseman Family move, holding this over the Wiseman's in order to secure Wiseman to Memphis. IT WAS ALl DIRTY and if you don't see it yout blind! If this was UK and Coach Cal we would get the death penalty!
 
  • Like
Reactions: keepingit real

docholiday51

Heisman
Oct 19, 2001
22,011
26,718
0
I(nor anyone else) have any idea what will happen in this situation.What we do know is that Penny has a problem before he has needed to call his first time out as the Memphis coach.His prized recruit is in limbo and the team could have to forfeit games before Thanksgiving.It isn't the best start for Penny's time at Memphis

If the NCAA already has Memphis/Penny on their radar it is only a matter of time before the NCAA finds or invents a way to get them just like they have found or invented ways to let UNC and Duke off the hook for years.

Where are Bilas,Vitale and the rest of ESPN on this matter.They would already be on a pile of soapboxes if it were UK,or Duke or UNC

We are not yet 2 weeks into the season and all the KU,Ariz and whoever else was involved in the trials,hearings and legal gymnastics of last summer are already on the back burner without any resolution in sight.

Maybe if they had put a picture of Wiseman on the side of the moving van that brought him to Memphis then the school could say they were paying him for the use of his likeness and things would be o k.

How great it would be if we could have a college basketball season without the NCAA sideshow.
 

Wildcats1st

Heisman
Sep 16, 2017
18,949
28,911
0
Disappointed in the fact the idiot ncaa didn’t go to a federal judge to put this asshat good ole boy county judge in check. The only way to read it is the ncaa is wussing out and will not do anything to prevent wiseman from playing even though he is ineligible. Might as well bring back ulis and whoever we want and play them. Might as well have our boosters start throwing cash he’ll even cal cut some big checks to top recruits. I mean what is the ncaa gonna do about it????
 

UKnCincy_rivals

All-Conference
Aug 2, 2008
3,504
4,024
0
Once again that was a civil case about being able to hire a financial advisor. Also it never went to trial because NCAA paid 175,000 dollars to Oliver.

That’s incorrect on two points.

First, Oliver, like Wiseman, sued over eligibility. The difference between the two cases is the underlying by-law that was violated. Oliver was declared ineligible for violating the no agent rule. Wiseman is likely to be declared ineligible for receiving extra benefits. But in both cases, the athletes filed lawsuits challenging their eligibility status and both players obtained restraining orders to delay their ineligibility.

Second, Oliver went to trial and won. The settlement occurred before the appeal was heard. At that point, Oliver had turned pro and was tired of dealing with the case. The NCAA was quick to jump at the opportunity to settle because the judge had ruled that both the no agent rule and restitution by-law could not be enforced by the NCAA. The settlement gave the NCAA the opportunity to vacate the lower court’s ruling, avoid having this case serve as precedent and maintain those two by-laws.

At the end of the day, Oliver sued over his eligibility, successfully obtained a restraining order, won his initial trial, and played during the 2009 season.
 

Wildcats1st

Heisman
Sep 16, 2017
18,949
28,911
0
That’s incorrect on two points.

First, Oliver, like Wiseman, sued over eligibility. The difference between the two cases is the underlying by-law that was violated. Oliver was declared ineligible for violating the no agent rule. Wiseman is likely to be declared ineligible for receiving extra benefits. But in both cases, the athletes filed lawsuits challenging their eligibility status and both players obtained restraining orders to delay their ineligibility.

Second, Oliver went to trial and won. The settlement occurred before the appeal was heard. At that point, Oliver had turned pro and was tired of dealing with the case. The NCAA was quick to jump at the opportunity to settle because the judge had ruled that both the no agent rule and restitution by-law could not be enforced by the NCAA. The settlement gave the NCAA the opportunity to vacate the lower court’s ruling, avoid having this case serve as precedent and maintain those two by-laws.

At the end of the day, Oliver sued over his eligibility, successfully obtained a restraining order, won his initial trial, and played during the 2009 season.

You’re comparing apples and oranges stretching with this Oliver case. Wiseman didn’t receive extra benefits. A booster on record who is now his coach gave him 12000$. Additionally memphis broke another bylaw by not adhering to their agreement with the ncaa which I believe has evolved since the Oliver case. I’m sure this is where you’re getting your facts on the Oliver case and I’m sure the attorneys for wiseman are salivating over this but this isn’t some 500$ Extra benefit. It’s an impermissible benefit. Here’s the Oliver case.

https://udayton.edu/law/_resources/documents/law_review/oliver_v_ncaa.pdf
 

UKnCincy_rivals

All-Conference
Aug 2, 2008
3,504
4,024
0
You’re comparing apples and oranges stretching with this Oliver case. Wiseman didn’t receive extra benefits. A booster on record who is now his coach gave him 12000$. Additionally memphis broke another bylaw by not adhering to their agreement with the ncaa which I believe has evolved since the Oliver case. I’m sure this is where you’re getting your facts on the Oliver case and I’m sure the attorneys for wiseman are salivating over this but this isn’t some 500$ Extra benefit. It’s an impermissible benefit. Here’s the Oliver case.

https://udayton.edu/law/_resources/documents/law_review/oliver_v_ncaa.pdf

The only reason I compared the two was in response to the discussion around the scope of potential lawsuits the NCAA may face, and to refute the implicit statement that somehow the NCAA is shielded from lawsuits when the underlying point of contention is eligibility. Both Oliver’s and Wiseman’s lawsuits are eligibility disputes.

As to your statement that “Wiseman didn’t receive extra benefits”, that is factually incorrect. Receiving money from a booster is an extra benefit.

I think the problem here is that your understanding of the terms “impermissible benefit” and “extra benefit” is not accurate. All extra benefits are impermissible, but not all impermissible benefits are extra.

For example, the by-laws outline a number of permissible benefits. For most of these, there are limits applied to the benefit. If you exceed the limit by an amount that is not excessive, then that excess amount is an impermissible benefit but not an extra benefit. The penalties for benefits that are merely impermissible are far less severe than for extra benefits.
 

Spanish Radio

All-Conference
Moderator
Nov 18, 2004
3,674
2,360
113
Once Penny takes the coaching job at Memphis is he not required to know and follow the rules on benefits? Even if all of these transactions took place before he became the coach at Memphis isn't he still responsible for following the rules? Isn't it the compliance office at Memphis supposed to ensure that the program and coach at Memphis follow the rules? If the compliance office at Memphis was aware that Penny was declared a booster and gave Wiseman's family $11,500 why would they allow him to play at Memphis? I guess we all want to know how much did the NCAA know before making any rulings...
 

poppycat

All-Conference
Sep 23, 2006
3,757
1,467
0
I believe the NCAA still has some cards to play when necessary.
Likely some trumps and aces.