Short, Non-Substantive Update on The TRO Hearing

Submitted by XM - Mt 1822 on November 13th, 2023 at 2:49 PM

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  

blanx

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."

Arb lover

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. 

mulhemp

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! 

FreddieMercuryHayes

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.

smitty1233

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. 

mgolund

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).

MGoPHILLY

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.

 

The Mad Hatter

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.

uminks

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. 

Amazinblu

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.

dragonchild

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.

CompleteLunacy

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.

Realus

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.

Eng1980

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.

rym

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.

Zone Left

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.

wildbackdunesman

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.

Grampy

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?

XM - Mt 1822

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. 

tybert

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!

RLARCADIACA

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.

East German Judge

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....