Dingle/Ledlum court case

In a case seeking injunctive relief, the longer it takes to issue a decision the more likely it is the relief will be denied. If a Court is convinced there was irreparable harm, it will typically grant relief expeditiously. The case drew a Judge who is a Hofstra grad. Random draw. We need a decision soon. I think 5/29 is last day to withdraw from nba draft.
 
Joedib said:
In a case seeking injunctive relief, the longer it takes to issue a decision the more likely it is the relief will be denied. If a Court is convinced there was irreparable harm, it will typically grant relief expeditiously. The case drew a Judge who is a Hofstra grad. Random draw. We need a decision soon. I think 5/29 is last day to withdraw from nba draft.
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Joe … what appeal rights, if any, would Ledlum
Have if the State Supreme Court Judge denies the requested relief?
 
otis said:
Joe … what appeal rights, if any, would Ledlum
Have if the State Supreme Court Judge denies the requested relief?
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Depends. If court issues a memo decision and order, it is immediately appealable, and if you have your papers ready, as you should, you can be in Appellate Division the next morning. But you need an actual order to appeal. If court issues just decision and says settle order on notice, plaintiff has to draft order, give ncaa three days to submit counter proposed order, and judge can then sit on papers for a month, or more, and then clerk can take another week to enter order, and only at that time can you get to appellate division. Most judges do not like to be reversed. If judge knows it’s a close call and does right thing, she will issue decision and order, facilitating quick appeal. If judge does not like case and wants to moot appeal by delay, we will get a decision and settle order type of decision. Judges know how to manipulate the system. Best part of process is that appeal would essentially be de novo review by appellate division, with no deference given to lower court’s discretion because it’s a paper record of affidavits and no testimony/ credibility issues. So appeal will be a fresh look at the issues.
 
Joedib said:
Depends. If court issues a memo decision and order, it is immediately appealable, and if you have your papers ready, as you should, you can be in Appellate Division the next morning. But you need an actual order to appeal. If court issues just decision and says settle order on notice, plaintiff has to draft order, give ncaa three days to submit counter proposed order, and judge can then sit on papers for a month, or more, and then clerk can take another week to enter order, and only at that time can you get to appellate division. Most judges do not like to be reversed. If judge knows it’s a close call and does right thing, she will issue decision and order, facilitating quick appeal. If judge does not like case and wants to moot appeal by delay, we will get a decision and settle order type of decision. Judges know how to manipulate the system. Best part of process is that appeal would essentially be de novo review by appellate division, with no deference given to lower court’s discretion because it’s a paper record of affidavits and no testimony/ credibility issues. So appeal will be a fresh look at the issues.
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Dingle and Ledlum would be 30 years old by the time the Second Department hears an appeal, irrespective of how fast it is filed and perfected.
 
Blocked by Obekpa said:
Dingle and Ledlum would be 30 years old by the time the Second Department hears an appeal, irrespective of how fast it is filed and perfected.
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You would not need to wait until full appeal. You would ask Second dept to grant the tro the lower court denied. If you got the tro pending hearing on appeal itself, they could play pending full decision on the appeal. Agree that by the time that happened our season will be over and case becomes moot. But in the interim they would play.
 
Joedib said:
You would not need to wait until full appeal. You would ask Second dept to grant the tro the lower court denied. If you got the tro pending hearing on appeal itself, they could play pending full decision on the appeal. Agree that by the time that happened our season will be over and case becomes moot. But in the interim they would play.
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These cases tend to be won, or lost, at the preliminary stages and rarely go to plenary proceedings. The Court's tip their hands with their preliminary rulings.
 
Joedib said:
You would not need to wait until full appeal. You would ask Second dept to grant the tro the lower court denied. If you got the tro pending hearing on appeal itself, they could play pending full decision on the appeal. Agree that by the time that happened our season will be over and case becomes moot. But in the interim they would play.
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If they play in the interim and ultimately lose the NCAA would most likely forfeit the wins. ☹️😡🤬
 
bamafan said:
If they play in the interim and ultimately lose the NCAA would most likely forfeit the wins. ☹️😡🤬
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Ugh. but the NCAA would do that to any high major with the same issues, like UCONN, Kansas, Kentucky, Duke, UNC, AZ, Illinois, Tennessee, Auburn, Alabama, right?
No???
Oh okay, then, we're screwed.
Lol.
 
bamafan said:
If they play in the interim and ultimately lose the NCAA would most likely forfeit the wins. ☹️😡🤬
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That has not stopped other schools from playing guys once injunction was granted. It case would likely never reach trial. Once season is over, case is moot. Court won’t try moot case, and ncaa foolish to incur fees trying it. Besides, ncaa will not exist in a few years.
 
Ha. That’s the worst insult I have ever suffered. Look hard enough at old posts and you will find just how critical I have been of Oliva. I practiced law for 46 years at a major international law firm specializing in litigation. Long time season ticket holder until covid hit.
 
Joedib said:
Ha. That’s the worst insult I have ever suffered. Look hard enough at old posts and you will find just how critical I have been of Oliva. I practiced law for 46 years at a major international law firm specializing in litigation. Long time season ticket holder until covid hit.
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Did I hear a rooster crow?
 
Joedib said:
Ha. That’s the worst insult I have ever suffered. Look hard enough at old posts and you will find just how critical I have been of Oliva. I practiced law for 46 years at a major international law firm specializing in litigation. Long time season ticket holder until covid hit.
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Just wanted to say thanks for your posts on this. Its great to have someone who really knows their stuff on issues like this.
 
Sorry as this was probably discussed I may have just not seen it, but if Dingle and Led both received another year, is it likely we retain both?

I know we only have one scholly left, but surely we could make room if they both want to come back.

If we had to choose one i'll take the Dingle that we saw in the UConn game in the BET
 
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