Short, Non-Substantive Update on The TRO Hearing
Mates,
I contacted the Court today to get some specifics on the case logistics.
1. Hearing is set for Friday @ 0900 hrs in front of Judge Connors
2. A little birdie told me that Connors grew up in AA, played high school FB, is a good dude, but horrendous at hoops.
3. It is an 'in person' hearing and the Court is not going to 'Zoom' the hearing.
Wish I had more to report, but at least some of the details are confirmed. I don't think you have to wear maize and blue glasses on to see how insane the B10's treatment of our school and coach has been. I hope there is an equally severe (but just) result in our favor. Fear and jealousy should not rule civilized society and particularly the law.
XM
November 13th, 2023 at 3:36 PM ^
As a law-talking guy, here's my response to Coach:
"Jim, I love you, but let's maybe leave that hearing to the professionals, and you should fly with the team to Maryland. Or I hear Tuvalu is nice this time of year- they're turning out large defensive tackles, you should go check."
November 13th, 2023 at 6:07 PM ^
If Harbaugh talks, wonderful opportunity to take it to the B1G without risking an actual sportsmanship violation. What the university could say in a legal filing is also juicy, but "Harbaugh details three times he raised specific player safety concerns to the B1G and they did nothing". I hope he understands this is an opportunity to unload skeletons in others closets while maintaining the high ground.
November 13th, 2023 at 3:06 PM ^
It very much concerns me that he's bad at basketball. What does that mean for hearing? Does it affect Jim Harbaugh? Will it color his verdict? Oh lord the uncertainty!
November 13th, 2023 at 3:28 PM ^
Jim takes basketball seriously - ask his brother...
November 13th, 2023 at 3:15 PM ^
Normally I want unbiased judges. But in this case I want a very biased judge toward UM's side.
Also, I'm guessing lawyers will argue a shit ton about this, but getting a TRO does open up the Big Ten to be able to subpoena Conner Stalions. I hope UM has done an internal investigation enough to know that they will be fine if Stalions has to get deposed. NCAA and B1G normally cannot get under oath testimony about rules infractions.
November 13th, 2023 at 3:27 PM ^
Yeah, I’m sure Williams & Connelly, the birthplace of Supreme Court justices hasn't thought about this, at all…
November 13th, 2023 at 3:46 PM ^
Well, they are 0-1 so far. Maybe they are more prepared for the next round.
November 13th, 2023 at 5:11 PM ^
They didn't lose anything, that's why this hearing is happening you goober
November 13th, 2023 at 3:16 PM ^
NOT A LAWYER
however my concern is if the judge grants the TRO does that mean they unjustly harmed the program since he missed a game now already? Will that factor into the final decision on granting the TRO. I fear it will. Seems we are in a spot where not granting TRO may be the easiest and less messy course of action. If they grant it I think that validates some of the Universities arguments.
November 13th, 2023 at 3:38 PM ^
When my wife needed a biopsy, her doctor said, "Hope for the best, prepare for the worst." I would expect that Michigan is doing both.
Incidentally, my wife was OK.
November 13th, 2023 at 3:18 PM ^
XM, I nominate you for court reporter AND courtroom sketch artist!
November 13th, 2023 at 3:46 PM ^
Gibberish and stick figures is all you’d get from me
November 13th, 2023 at 4:29 PM ^
Well dammit, I’ll take it!
November 13th, 2023 at 9:04 PM ^
How unfortunate. It appears you have spent too much time trying to rationalize the behavior of Tony Petitti.
November 13th, 2023 at 3:29 PM ^
Good for him. Legal arguments aside, he's going to be heard. It also gives the judge a chance to see the human side of this.
November 13th, 2023 at 3:29 PM ^
I scored front row seats on StubHub.
November 13th, 2023 at 3:30 PM ^
Is this a TRO or a preliminary injunction hearing?
Down here, the courts never take testimony at a TRO, but they do for a temporary injunction. Harbaugh's declared intent to testify makes me think it could be an injunction. Frankly, that would be better anyway. If he prevails, then the injunction remains in place until trial (rather than, at most, 14 days).
November 13th, 2023 at 3:31 PM ^
OP, thank you for the update. Actually contacting the Court for details as a step that you'd have expected actual journalists to have taken, but have not so far.
November 13th, 2023 at 3:32 PM ^
Excellent update XM. Love that it's early. I hope one of our MGoLawyers makes it in to report back. An astute observer might be able to tell how the judge is going to rule.
November 13th, 2023 at 3:33 PM ^
My only question is I thought the commissioner could only suspend a coach for 2 games under the poor sportsmanship clause. Any longer suspension would have to come after an official B1G investigation and that has not happened yet.
November 13th, 2023 at 3:35 PM ^
IIRC, not an investigation. He needed conference approval. So they gathered up the committee and approved it.
Which, speaking of which, they actually fucking did that.
It's time to leave.
November 13th, 2023 at 3:43 PM ^
Correct. And the committee that approved the longer suspension has 4 members: 2 from PSU, 1 from OSU, and 1 from Northwestern. No bias there, obviously.
November 13th, 2023 at 3:53 PM ^
I keep hearing this talking point, but I haven't seen any info that actually proves this. Who were these committee members?
November 13th, 2023 at 4:16 PM ^
I've gone looking for that information intently and I can't find it anywhere. I find that odd. Not nefarious on the face of it, but odd.
November 13th, 2023 at 5:41 PM ^
How did they pick the people to be on this committee? Drawing straws, by rotation, what? Sorry if this has been addressed elsewhere.
November 13th, 2023 at 9:06 PM ^
2 from one school is really odd.
November 13th, 2023 at 4:05 PM ^
I believe there are two levels associated with the Sportsmanship clause - minor and major infraction.
The minor infraction allows up to a two game suspension. The JCEG may not need to be involved in minor infractions - and they can be administered / handed down by the B1G Commissioner alone.
The major infraction allows for a longer suspension. This, again, to my understanding - requires approval from the JCEG. And, the three game suspension falls into the major category.
People have commented about the composition of the four person JCEG - but, that information may not be accurate. No information I have seen from the B1G identifies the JCEG members.
November 13th, 2023 at 3:33 PM ^
I don't think you have to wear maize and blue glasses on to see how insane the B10's treatment of our school and coach has been.
I'll reiterate what I said in an earlier thread, based on my experience with an in-law suffering from dementia. We tried to force her into assisted living, but our lawyer told us that (short of diagnosis from an exam she won't consent to), the law does not protect someone from making bad decisions. It's concerned with the law, and "the B1G Commissioner is a stupid asshole" is, however indisputable, not a legal argument.
Despite the timing of the suspension, M's lawyers dropped a 200+ page complaint on the court. Meanwhile, I don't think the B1G's letter wrt the suspension was written well. So, it seems like one side was prepared while the other wasn't.
THAT'S the "maize and blue glasses". M wrote a friggin' novel because it actually has a weak case because the B1G is basically a cartel, and there's no law against them from eating one of their own or making unfair, irrational, mean-spirited, and idiotic decisions. The B1G said they had no evidence right in their response which sounds stupid but in hindsight is really saying, "Yeah, we're assholes but whaddya gonna do about it?"
Unfortunately, they're probably right. You could convincingly argue a "lack of authority" under the B1G's own bylaws, but as far as judge is concerned it's a treehouse club that sets its own rules so who cares? After all, the law didn't intervene when the Pac-12 disintegrated. You need some angle like racketeering or fraud or breach of contract. Tiny is a stupid asshole, but that's still legal -- otherwise over 90% of the B1G would be in prison.
November 13th, 2023 at 3:46 PM ^
Thanks for the insight, as much as I dislike what it means. And if this is true, I guess the main possible responses for Michigan are "suck it up and deal with it" or "if you don't like the rules, go somewhere else".
November 13th, 2023 at 4:17 PM ^
As far as a judge concerned, the bylaws are a contractual obligation that all member institutions and the Big Ten itself agree to abide by. The court doesn't care what the rules are, but they DO care if an entity abuses or misuses the rules to unfairly punish someone. Michigan is basically arguing this punishment is a breach of contract...the Big Ten disputes it. It's by no means a slam-dunk case, but I don't think any respectable judge is going to have the attitude of "it's a treehouse club that sets its own rules so who cares?" There are real, monetary damages on the line here, not to mention the damaged reputation of Harbaugh and the university.
November 13th, 2023 at 7:24 PM ^
Exactly! The B1G is a conference due to a multi party contract. They actually can NOT, under US law do whatever a majority of them want to do.
Now the law is subject to interpretation, not always enforced, enforced biasedly, etc.
But it is a contract. I am kind of amazed that dragonchild doesn't seem to know that.
November 13th, 2023 at 9:17 PM ^
I cannot neg you. There may be a ruling in Michigan's favor but there does not have to be a ruling in Michigan's favor.
I do believe this is a breech or nullification of contract and Michigan can walk away from the Big 10 when it chooses. Slavery contracts are not valid. The Big 10 can do what it pleases but if treehouse club rules apply then MIchigan can walk away. There is lack of consideration as Michigan takes four years to build a program by the rules only to have the rules changed unilaterally. I don't see how the Big 10 can make a claim against Michigan.
November 13th, 2023 at 3:46 PM ^
We are filing our amicus brief tomorrow. Over 1,175 alumni co-signers and counting. I'll post it on the Board once we file.
November 13th, 2023 at 4:13 PM ^
Look forward to seeing it. I went to the website. For me personally, I wouldn't sign something I couldn't read first. I understand the time constraints, but that's a bit of an issue.
November 13th, 2023 at 4:58 PM ^
I definitely wouldn't sign without reading it.
As much as I really want Michigan to have this work out, I don't actually buy the harm argument. The absolute value of harm to Michigan is probably pretty high depending on the calculation, but the real world impact is really nothing.
November 13th, 2023 at 5:16 PM ^
That take on the harm issue is the main concern our brief seeks to address. Fully understood re: not wanting to sign it without reading it, though.
Over 1,200 alumni have co-signed through our form so far, so quite a few people are putting their trust in our firm, and their backing is what will put the brief on the map. I'm excited to file and share it tomorrow. I'll consider posting an outline or teaser this evening if I feel we are close enough to justify that.
November 13th, 2023 at 4:30 PM ^
+1 for the update
November 13th, 2023 at 4:41 PM ^
I want to believe that having no Zoom is a deliberate slap at the out of state NCAA.
I'm still baffled that Michigan couldn't get an order before Penn State. I mean, there are probably a couple judges who are rabid Michigan fans who'd give a 3-day stay just given when the suspension was handed down.
November 13th, 2023 at 5:55 PM ^
I believe The no zoom is just this court’s normal SOP, not specific to this case. Some courts broadcast everything on YouTube, for instance. Wide variance across the state, and from district Ct to circuit Ct
November 13th, 2023 at 5:03 PM ^
Encouraging to know the judge is someone for whom football is not a foreign language.
November 13th, 2023 at 5:13 PM ^
Balas on radio said there could be more damning evidence. NCAA investigating CMU for a Harbaugh connection. We'll see.
Balas thinks FoxSports wants Harbaugh on sidelines for OSU game.
November 13th, 2023 at 6:29 PM ^
The only damning evidence left pertains to Stallions and CMU. If there were any other information it would have been known by now or destroyed.
November 14th, 2023 at 8:50 AM ^
Balas has consistently been most negative and generally wrong. I would take all of what he says with a grain of salt.
November 13th, 2023 at 5:54 PM ^
My question for this august set of legal mind:
In an earler post (yesterday?), a lot was made of the conflict of authority that exists if a Michigan court issues a TRO/TRI against an organization which operates under Illinois law, i.e. is the injunction worth more than the paper that it is written on. However, does the fact that the B1G is actively participating in the hearing (i.e. defending their actions in a court of law) add teeth to the injunction if it is issued?
November 13th, 2023 at 6:21 PM ^
generally jurisdiction must be raised in the very first pleading filed by a party or else the issue is raised. AFAIK, the B10 only had an attorney file an appearance so that's not a pleading within the michigan court rules. they may indeed contest jurisdiction with whatever they end up filing.
FWIW, i believe the washtenaw court would have subject matter and personal jurisdiction on the B10, but i have not researched it so that opinion might not be worth the tiny electrons on your screen.
if a TRO or PI is entered, they can be enforced and you can do what's called 'domesticating' a judgement in another state. it's an extra hoop or two to jump through, but you can do it.
November 13th, 2023 at 8:02 PM ^
Around the PSU game decision, someone brought up that a STATE court ruling may be ignored in another state, at least temporarily??? I wonder if Maryland would refuse his entrance into the stadium saying "our state doesn't recognize that (yet)"
That's why I hope he gets back JIT for the Ohio game!
November 13th, 2023 at 9:24 PM ^
I don't think Maryland can or would stop Coach Harbaugh. I think they will leave it to the officiating crew to hold up the game until Jim leaves or throw sideline unsportsmanlike penalties with each down until Jim is gone.
November 13th, 2023 at 6:19 PM ^
So a few questions on the court meeting. Who will be allowed in with the Coach, beyond his and the University lawyers? Also will the court object to any Michigan vs Everybody gear? Will there be a mass gathering outside the courthouse in support of Coach and will players show up or even be allowed to show up. A mass raucous gathering broadcast to all outside would be just awesome and it would go along with Coaches words today about Americas team. If the B1G and OSU want to play dirty on this all let’s take back the PR high ground. Even if Coach and the team lose in the court a large backing just pushes more Michigan vs Everybody out there and both the SEC and ACC leaders can’t help but notice it. F..k the B1G it is Michigan vs Everybody leverage it to the hilt and beyond.
November 13th, 2023 at 7:43 PM ^
The one thing that pisses me off is that David Nacht (nachtlaw.com) represents the B1G, he is a former U of M Law School grad. He could have easily turned down the offer, but he wanted to fuck over our University, our Team, and our Coach.
People should really think twice about using this Benedict Arnold, and he does have a VERY punchable face....