Per Shuster: Big Ten Hiring Local Counsel Derailed TRO on Friday

Submitted by Maizinator on November 12th, 2023 at 8:05 PM
https://twitter.com/DavidShuster/status/1723857457049387139?ref_src=tws…

Need the legal guys to weigh in on this regarding if it even makes sense.  

In one of the threads on Friday night, someone remarked about having opposing counsel entered in the record.

If so, score one for the Big Ten I guess, but the war isn't over.

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EDIT (LSA) - a "long story made short" reply that I received someone that covers the next steps - "On Friday there will be a hearing on whether the TRO is granted. The TRO would preserve the status quo (JH coaching) until a hearing on the request for preliminary injunction. If the PI is granted, JH can coach until the breach of contract lawsuit is decided on the merits."

GLORY

November 12th, 2023 at 9:25 PM ^

Ultimately, it's his unilateral decision regardless of how many BIG members support him.  He's paid big bucks to make sound decisions, not popular ones.  When this goes to court and proves his decisions were premature, reckless and most importantly flat out wrong....he will have no choice but to resign or get fired.  No way he continues his role looking foolish as a result of his actions.  And guess what, those BIG members that so called had his back will have no problem turning their backs on him, when facts disprove his actions.  It's just business.  This will not end well for Petitti.

bighouse22

November 12th, 2023 at 8:49 PM ^

Not to go all conspiracy theory on everyone, but don't you find it strange that all of these Conference Commissioners seem to be ushering in the destruction of the Conference model.  It almost appears intentional and a way to push this towards a Super Conference with relegation. 

There is too much money involved not to at least question motives. These Commisioners (i.e. Pac-12, Big 12 and now B1G) seem to be making some odd decisions.

jmblue

November 12th, 2023 at 8:46 PM ^

I think there are two main factors at play:

1) Pettiti's a pushover to begin with, afraid to tell OSU to pipe down, so they won't stop demanding blood (for the sin of beating their team the last two years);

2) Pettiti's background is with MLB, where sign stealing is much egregious than in football - which probably makes him even more receptive to OSU's whining.  He hears "sign stealing" and alarm bells go off in his mind.

Ernis

November 12th, 2023 at 9:10 PM ^

It tells you exactly what you’re dealing with.

Pettiti claimed that what Michigan was doing is worse than serial child rape.

Given that he has this perception how can Michigan expect reasonable treatment? Realize that Pettiti is basically an unhinged lunatic who probably sees himself on a quest to save the world from some evil plot he sees as on par with a Bohemian Grove style ritual ushering in Gozer the Gozerian or some such.

That or he’s just a shitty liar, but point stands.

UMForLife

November 12th, 2023 at 8:12 PM ^

I remember someone saying this in one of the threads that this is a possibility. B1G is really out to get UM? Aren't they? I don't trust that they will stop at anything. UM really needs to think about being in this conference.

Hope the Judge has some harsh words for B1G. That would definitely make the news and make it a little better for UM and fans.

lhglrkwg

November 12th, 2023 at 8:16 PM ^

I just don't get what the Big Ten is after. Are there no sensible minds in the Big Ten right now? You're launching a public campaign against 1 of the 2 teams making this league rich. What are you doing? Why aren't the other 10 Big Ten teams telling the league to chill tf out?

The real conspiracy is Pettiti is a plant to break up the Big Ten so they can get the 2 cash cows out and leave about 10 other schools behind to fight over Big 12 spots

M-Dog

November 12th, 2023 at 11:17 PM ^

I just don't get what the Big Ten is after

The Big Ten is not a "person" making wise and considered judgements.  The Big Ten is nothing more than the collection of its members.  Its commissioner serves at the pleasure of these members.

If the majority of those members want something, then that is what will happen.  What they want is Harbaugh's head.  They don't care if that pisses off Michigan, there are more of them than there is of Michigan.

 

Brhino

November 12th, 2023 at 8:12 PM ^

The Big Ten really seem to believe their own bullshit that somehow leaving Michigan unpunished for the amount of time it will take an actual investigation to be completed is some sort of clear and present danger to the sanctity of college football, don't they?

The sign stealer is no longer on the team, everyone knows to change their signs if they feel the needs.  There is no ongoing problem, no matter how much you exaggerate the scope of the problem that ended a few weeks ago when everything came to light.

It just defies any sense of logic, and unless someone can provide a previous example, it's completely unprecedented.  Murder, rape, coverup thereof? Buying recruits, abusing children?  All that can wait for the justice system to run its course.  Bending some bylaws they had half a mind to get rid of anyhow?  Bring down the hammer of the gods, right here, right now.

I'm trying to see past my bias as a Michigan fan, but I just do. not. get. it.

Couzen Rick's

November 12th, 2023 at 8:13 PM ^

Is shuster actually legit as a source? He is a real™️ journalist and somewhat prominent so may have access to this type of info, but he’s also a rather obvious shitposter, and started posting about Michigan at high volumes only very recently so hard to gauge. 

FB Dive

November 12th, 2023 at 8:36 PM ^

Yeah, that never made sense because if the judge was going to delay granting the TRO so that it would last through Ohio State, presumably the judge would also be inclined to grant the PI, in which case the length of the TRO is moot.

I think Shuster is making up shit. I am admittedly uncertain whether this claim is true, but I doubt it. It was an ex parte motion. If the judge wanted to grant it, he could have and should have.

ajhe

November 12th, 2023 at 9:34 PM ^

This is 100% true.  It was an ex parte tro so an appearance by opposing counsel had zero effect.  The Judge didn't rule on it bc she wasn't going to grant it and probably thought that actually issuing a written order denying it would garner a bunch of unwanted attention towards her court.

Maizinator

November 12th, 2023 at 8:13 PM ^

Some had theorized that Petitti was doing the suspension with the idea we'd get the TRO anyway, just to appease the mob.

If this is true, I think we can put that theory to rest.

PopeLando

November 12th, 2023 at 8:14 PM ^

I’m surprised that any attorney would want to be involved with a case where the punishment was decided first, the facts are still being investigated, and the rules are being broken.

Whoever set up this whole railroading did a masterful job of it

XM - Mt 1822

November 12th, 2023 at 8:15 PM ^

not true.  can have the TRO motion even with known opposing counsel.  sometimes a court will call them up and have them on a speaker phone, or nowadays, on zoom depending on the logistics. 

i stick to my original thought earlier today: the court is letting the B10 weigh in, have their say, and will hopefully grant the TRO.  that TRO will act functionally like a preliminary injunction, which is an order that is supposed to stay in place until a final, full hearing on the merits of a given action.   with a TRO in place that has had a fairly full hearing, the pattern is usually set and an actual preliminary injunction hearing at that point is a waste of time and wouldn't get scheduled until after the season (guessing on that). 

XM - Mt 1822

November 12th, 2023 at 8:53 PM ^

eh, maybe, but not in my experience. there is always what we call a 'duty judge', meaning a judge who was on call 24/7 on every otherwise off-time for the court.   no doubt U of M would know who to call to get the judge on the line.  

in my old life we did search warrants at all hours of the day and night, and i can't tell you the number of times we did telephonic search warrants, meaning we would get the judge on the phone with a court reporter and record the required probably cause needed for the warrant and get it issued to go get bad guys in the middle of the night.