Joe Kinsey
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Eight Nebraska Cornhuskers football players have joined together to file a lawsuit against the Big Ten, according to the Omaha World-Herald. The newspaper obtained a 13-page complaint states the cancelation of fall football should be “overturned because it didn’t follow established procedures in the decision-making process and was “unjustified” based on flawed and misapplied medical information.”
The Nebraska Cornhuskers Football Parents group announced the lawsuit and pleaded with Big Ten commissioner “to make this right & save our season, save 100’s of millions of dollars for our communities, save 100’s of scholarships for our kids, & save thousands of jobs.THIS IS OUR CHANCE TO LEAD! DO THE RIGHT THING.”
“This lawsuit isn’t about money or damages, it’s about real-life relief,” Mike Flood, lead attorney for the players, said in an official statement. “ These student athletes have followed all the precautions, underwent regular testing, and lived according to the prescribed guidelines of the world-class experts at UNMC all for the chance to play football in September. On August 11th, six days after announcing the fall football schedule, a decision was made to cancel everything with vague reasoning and no explanation. Our Clients want to know whether there was a vote and details of any vote, and whether the Big Ten followed its own rules in reaching its decision.”
Flood backed up his pledge that this isn’t about money by adding language in the lawsuit stating the student-athletes do not seek damages of $75,000 or more and won’t accept damages over that number.
The football players are calling on the court to declare the Big Ten’s “purported decision to cancel the 2020” as invalid, clearing the way for the fall season to resume.
.@bigten Presidents, & Mr. Warren
There is still time to make this right & save our season, save 100’s of millions of dollars for our communities, save 100’s of scholarships for our kids, & save thousands of jobs.THIS IS OUR CHANCE TO LEAD!
DO THE RIGHT THING#B1GparentsUNITED pic.twitter.com/1Dvi9nHkt0— Nebraska Cornhusker Football Parents (@ParentsNebraska) August 27, 2020
I hate to be cynical, Joe…but if Mike Flood (lead attorney) took a nickel for his work, then he’s been paid too much. If he’s doing it on a contingency basis, then more power to him. Either way, the paperwork on this won’t even be looked at ’til…who knows…
Lancaster County Court —>
District Court —>
Court of Appeals —>
The interesting thing about explicitly stating that they are not seeking over $75,000 in damages is that it looks like the plaintiffs are trying to avoid getting this removed to Federal Court. $75,000 is the threshold for diversity jurisdiction. That is probably for two reasons. It speeds things up and they get some home cooking in a Nebraska court.
I’m not sure that this lawsuit has a leg to stand on the way it’s presented. I’d have to read the full complaint, but you don’t sue a party without huge verifiable damages.
And you don’t sue a multi billion dollar organization unless you go Full Bore. Make it ugly for them.
A weak lawsuit will hurt everyone.
How long would this take to prosecute? Would this be resolved in the next 4 weeks?
I read the complaint.
It’s weak.
And it’s useless.
And filed in the wrong court.
Nobody is willing to stick out their neck and really fight.
Do you think they should have filed in Federal Court. I think they are trying to avoid that. Further, if the Big 10 thinks the complaint has no merit then why haven’t they filed a motion to dismiss for failure to state a claim on which relief can be granted?