Happy Monday, y’all. Hope your week has gotten off to a good start.
As usual, even in the offseason void between college baseball and college football, there’s not a lack of things to talk about on the Canes’ front, so let’s get to it.
1) Our Rob Weaver’s take on the Miami lawsuit is excellent, and I highly recommend reading it. Many salient points. I have a few talking points myself.
I think this could get particularly interesting if Miami is able to formulate an equitable defense and/or claim/counterclaim against Wisconsin based on their own conduct in the matter. They’d better have their own house in order because Miami’s legal counsel will surely depose Wisconsin and or their NIL entity’s representatives about it. Now, typically, discovery responses aren’t for public consumption, but during the case they can become that way as attachments to motions and similar filings. That’s where Wisconsin could look foolish if they’re not clean in all of their own dealings here. Likewise, Miami will not want any misdoings of their own to come to public light in a motion for summary judgment.
I also can’t get past the fact that Wisconsin refused to put his name in and failed to comply with their obligations under NCAA rules simply because they felt like Xavier Lucas was breaking his contract. There’s no exemption or exception from that obligation to do that. And they advertised their unwillingness to comply said obligation in their own complaint.
And what do the conferences and the NCAA really want here (I know the Big Ten is publicly applauding this now, but…)? Do they want this case to ultimately be involved in the creation of a potential legal precedent down the road that players are actually employees, and we have an employer-employee relationship between the players and schools? The baked-in costs from that – benefits, etc. – could be enormous, and protections and obligations under federal and widely varying state labor laws could also come into play, which would be a nightmare to navigate and police.
This is a case that, while many are applauding as good for the sport, could ultimately continue to take us down a road that creates a more business-like structure for college athletics. Perhaps that’s not a bad thing as far as creating more predictability and certainty, but the financial costs could be a giant, ugly expense waiting to rear its head.
As such, I really think this case ends up settled with the encouragement of many voices.
I’m not going to get into the merits of the causes of action that Wisconsin is seeking relief under, because it’s a Wisconsin state case and I don’t know Wisconsin law. And renowned sports law attorney Tom Mars doesn’t see this as being capable of being removed to federal court, which would be a preferred venue for sure for Miami.
At this point, it’s time to see what Miami files in response, and then see where this goes from there.
(And for the record, this is not me giving any legal advice; just my two cents on how I see things at this very, very early juncture in all of it)
2) Mario Cristobal secured a big commitment on Monday, getting Mission Viejo, CA WR Vance Spafford to flip his pledge from Georgia to the Canes.
I love this pickup because he could do very, very well in Shannon Dawson’s offense on the heels of Xavier Restrepo. Restrepo had an all-time career at Miami, and he tagged that with an All-American season last year. Spafford could fill a similar role as Restrepo did in Dawson’s game plan at 5’11”, 175 pounds. He’s quick, strong, and a good route runner who should be an impact player quickly in Coral Gables. Love this get.
Go Canes!