Harbaugh v. Big Ten alumni amicus brief

Submitted by rym on November 12th, 2023 at 7:21 PM

The law firm Rushing McCarl LLP, in partnership with local counsel, is writing a pro bono amicus brief supporting the University of Michigan’s efforts to block the Big Ten’s suspension of Head Coach Jim Harbaugh. We believe the suspension violates Big Ten rules while endangering the Wolverines’ pursuit of a Big Ten title and national championship.

Amicus briefs are submitted by nonparties whose point of view could be helpful to the court. This brief is a grassroots, fan-driven effort intended to share the perspective of Michigan alumni who love the football program. Its author is the California-based litigation firm Rushing McCarl LLP, which was co-founded by Michigan alum Ryan McCarl. The brief will be co-signed by many other alumni who choose to add their names to the brief.

Michigan sports programs help alumni across the world come together and stay connected with the university, so we should have our voices heard in this lawsuit. Our brief will help the court understand why Michigan athletics are so important to so many people. Important interests are at stake: Michigan’s concerns about the Harbaugh suspension can’t be brushed away as involving “just sports,” “just a few games,” or “just one coach.” Coach Harbaugh should be on the sidelines when Michigan collects its 1,000th program win and defeats Ohio State for the third straight year en route to another Big Ten title.

If you’re a degree-receiving U of M alum interested in signing on as a supporter of the brief, please fill out this form: http://bit.ly/harbaughbrief. You can contact the attorneys writing the brief by emailing goblue[at]rushingmccarl.com (though we cannot respond to every email).

Please also help us spread the word about this effort by sharing the link to the form with your networks. Go Blue!

rym

November 12th, 2023 at 7:37 PM ^

No, it’s for alumni who want to add their names as supporters of the litigation brief we are drafting. It is being drafted now and will be filed in the Harbaugh v. Big Ten litigation this week before Friday’s hearing — probably on Tuesday.

For an example of an amicus brief our firm drafted, see this document. Note the list of “additional signatories” at the end. We’re asking interested alumni to add their names, degrees, and class years as additional signatories to the amicus brief we’ll be filing in the Harbaugh v. Big Ten litigation. Although we have to limit the signatories to alumni for logistical and strategic reasons, anyone can support our effort by spreading the word and sharing the link to the signup form (http://bit.ly/harbaughbrief) with their networks.

crg

November 12th, 2023 at 9:18 PM ^

I certainly don't mind lending support to this, but I am curious about what impact this (the *signatures list*, not the amicus itself) would actually have - what weight it would carry?

If this were an amicus about something that would adversely affect the alumni signatories, then I could see how a judge would receive those names.  However, this is basically just a list of fans (and only a subset at that)... how would that influence anything?

KSmooth

November 12th, 2023 at 9:32 PM ^

This isn't just a petition with signatures.  This brief will include arguments about facts and law for the court to consider.

One of the questions that judges have to consider when they look at an injunction or TRO is the effect it will have on the public interest.  I suspect that the amicus brief will focus on how important this team is to Michigan alumni -- and also the values of fair play and sportsmanship -- all part of showing that the injunction will benefit the public.

KSmooth

November 13th, 2023 at 12:51 AM ^

It helps to have another party back up the team of lawyers.  They can address issues that Harbaugh's and the University's attorneys can't for various reasons -- maybe come out and say some things the others won't, or offer a slightly different take that might be persuasive.

Jim Harbaugh and the University can try to speak for the alumni, but it helps to have someone else who can credibly represent the alumni themselves chime in.  Hence the amicus brief -- and the signatures in support.

In highly visible, high-stakes litigation with public interest implications (aside from Northwestern these are public colleges after all) amicus briefs can be helpful.

The more, the merrier.

Castroviejo

November 12th, 2023 at 7:52 PM ^

I did my surgical residency and ECMO fellowship there (7 years:). Not a degree per se, but I am a member of the Alumni Association. Eligible to sign?

 

Either way, this is great!