This is fascinating legal drama: NCAA settlement on hold as judge requests changes on roster limits

[ttowncoug]

A federal judge told the NCAA on April 7th, modify your roster change rules. In NCAA and power conferences in this lawsuit (The Pac-12) in typical fashion, they came back and say "no thanks."

What fools...."We are playing chicken with a damn federal judge," said one high-ranking college leader.

From the article....

Wilken was clear on April 7: Change the roster-limit situation or risk not having me approve the settlement.

“My idea is to grandfather in” those currently on rosters, she told lawyers. “It would save a lot of angst.”

But the defendant attorneys in the case — the NCAA and power conferences — didn't make the change, even though the plaintiff attorneys have publicly supported that idea. In an interview in the fall with Yahoo Sports, Steve Berman, one of the lead plaintiff attorneys who struck the settlement with the NCAA, said both sets of attorneys were “working” with the NCAA and power leagues for solutions, including a transitional period in which those currently on a roster are grandfathered into the system.

However, it never happened.

NCAA settlement on hold as judge requests changes on roster limits

The judge is giving attorneys 14 days to implement a system that will assure athletes who are on NCAA rosters do not lose their spot — something that’s happening across the country.

sports.yahoo.com

 

[UberCougars]

I’m rooting for Conference arrogance and a very pissed off federal judge.

Let chaos reign!

 

[BiggsCoug]

I’m rooting for Conference arrogance and a very pissed off federal judge.

Let chaos reign!

Not surprised at all with your post…

“Let chaos reign!”

Gotta be a catturd link for you…

 

[UberCougars]

The NCAA screwed WSU.

It isn’t surprising that you support Shadow Government over the Federal Judge

 

[BiggsCoug]

The NCAA screwed WSU.

It isn’t surprising that you support Shadow Government over the Federal Judge

Ive made no comments about who I support. You are making things up.

Not surprising you want chaos. You are a dumbass.

 

[UberCougars]

Ok!✅

 

[cr8zyncalif]

Different cultures support different negotiating tactics. There are parts of the world where it is both assumed and accepted that lying will be used as a negotiating tactic. That particular tactic has until recently not been widely successful in the US, and I don't expect it to prevail here. So if you take that out of the equation, we are left with NCAA/Greedy 4 pushing the "it's easier to seek forgiveness than get permission" tactic. They've been implementing the assumed roster limits for months now, and in fact many athletes (though far from the majority that are impacted) have now made other plans. The working assumption seems to have been that if they start to actively implement (as opposed to simply doing planning), the irresistible force (NCAA/Greedy 4) will meet the immovable object (the court) and prevail. Unfortunately, it usually does not work that way, and it appears that it won't work here, either. So now NCAA/Greedy 4 have to decide: Do we do a partial or a full compliance with the grandfathered roster spots? My bet is that the same folks who decided to blow off the judge will persuade the rest that they can get away with a partial response. Not sure what that would look like; maybe a full response for most sports and little or nothing for the revenue (more expensive) sports? Or maybe something like 80% compliance across the board, with a very accelerated phase out of the roster spots? Hard to say. It would have to be enough for both parties to save face, and they clearly blew their chance to offer something like that on the last go round. There is a good chance that the judge will insist on all or nothing at this point, and she has leverage that I have not seen mentioned yet: If she refuses to sanction the settlement, and it goes to an upper court, there will be significant delay and uncertainty. That alone will damage every party on each side in the case. I can't see how they can afford the delay. Heck, just the athletic department & university budgeting for every institution will stroke out if that time frame uncertainty is imposed.

One of Herb Cohen's favorite negotiating tactics was his approach that would lead off with "I don't know where to go with this; can you help me? I don't understand". Then shut up. That would have been the right approach 2 weeks ago. I'm not sure if its "sell by" date has been exceeded now. The tough thing about mishandling a negotiation to the point that both sides can't move is that it then simply reverts to whose deadline is more pressing. And the NCAA/Greedy 4 have a far more pressing deadline than the judge. I guess NCAA/4 could simply fire their attorneys, plead mea culpa, and give the judge most of what she wants. The attorney firing would probably give enough cover for the judge to bend a bit.

I'm glad that I am not the one stage-managing this situation. It should never have gotten to this point.

 

[ttowncoug]

Different cultures support different negotiating tactics. There are parts of the world where it is both assumed and accepted that lying will be used as a negotiating tactic. That particular tactic has until recently not been widely successful in the US, and I don't expect it to prevail here. So if you take that out of the equation, we are left with NCAA/Greedy 4 pushing the "it's easier to seek forgiveness than get permission" tactic. They've been implementing the assumed roster limits for months now, and in fact many athletes (though far from the majority that are impacted) have now made other plans. The working assumption seems to have been that if they start to actively implement (as opposed to simply doing planning), the irresistible force (NCAA/Greedy 4) will meet the immovable object (the court) and prevail. Unfortunately, it usually does not work that way, and it appears that it won't work here, either. So now NCAA/Greedy 4 have to decide: Do we do a partial or a full compliance with the grandfathered roster spots? My bet is that the same folks who decided to blow off the judge will persuade the rest that they can get away with a partial response. Not sure what that would look like; maybe a full response for most sports and little or nothing for the revenue (more expensive) sports? Or maybe something like 80% compliance across the board, with a very accelerated phase out of the roster spots? Hard to say. It would have to be enough for both parties to save face, and they clearly blew their chance to offer something like that on the last go round. There is a good chance that the judge will insist on all or nothing at this point, and she has leverage that I have not seen mentioned yet: If she refuses to sanction the settlement, and it goes to an upper court, there will be significant delay and uncertainty. That alone will damage every party on each side in the case. I can't see how they can afford the delay. Heck, just the athletic department & university budgeting for every institution will stroke out if that time frame uncertainty is imposed.

One of Herb Cohen's favorite negotiating tactics was his approach that would lead off with "I don't know where to go with this; can you help me? I don't understand". Then shut up. That would have been the right approach 2 weeks ago. I'm not sure if its "sell by" date has been exceeded now. The tough thing about mishandling a negotiation to the point that both sides can't move is that it then simply reverts to whose deadline is more pressing. And the NCAA/Greedy 4 have a far more pressing deadline than the judge. I guess NCAA/4 could simply fire their attorneys, plead mea culpa, and give the judge most of what she wants. The attorney firing would probably give enough cover for the judge to bend a bit.

I'm glad that I am not the one stage-managing this situation. It should never have gotten to this point.

In this lawsuit, it's the greedy 5 (Pac-12 was named). Or more appropriately, the greedy 4 + the broke 1.

 

[cr8zyncalif]

In this lawsuit, it's the greedy 5 (Pac-12 was named). Or more appropriately, the greedy 4 + the broke 1.

You are right, of course. But it is the Greedy 4 (or realistically, the Greedy 2 plus the 2 wannabes) that are driving this bus, plus the unwilling passenger in the trunk (the PAC...or as you correctly note, the broke 1).