One thing OM better beware of with this Rebel Rags nonsense

[lamont]

Ol' Rags better hope he hasnt been giving out gear to OM recruits that attend other schools.

You can bet our coaching staff has been reaching out to coaches at other schools with OM recruits. Those recruits will be questioned by their coaches on whether they received gear from Rebel Rags. If they did- they will be asked to come to the defense of fellow SEC football players against those mean Boosters at OM.

There could be alot of new and fun surprises popping up this summer.

[Saltydog]

before this decision was made. They are going "all in" that nobody wants to get wrapped up in this mess, including athletes at fellow SEC institutions and honestly, who could blame them. Honestly, I'm thinking this is more of a scare tactic than anything else. I don't see this going to court.

[Martianlander]

Cadaver-Is this the other it you were talking about or is there more to come?

[lamont]

Other coaches see this as a way to help kids and bury OM- numerous others claiming they got gear at Rebel Rags would sink their case

[preachermatt83]

before this decision was made. They are going "all in" that nobody wants to get wrapped up in this mess, including athletes at fellow SEC institutions and honestly, who could blame them. Honestly, I'm thinking this is more of a scare tactic than anything else. I don't see this going to court.

100 percent in agreement.

[JDog13]

Cadaver-Is this the other it you were talking about or is there more to come?

Is this phase 3? Yes

[Lumpy Chucklelips]

"Expect Rebel Rags to gradually expand the lawsuit to include other persons as defendants, according to Merkel. As more facts surface, Rebel Rags will likely expand the lawsuit to include those who may have negotiated with the NCAA for immunity from punishment."

My contention is why can't Leo, Kobe, and if they name others, sue the hell out of rebel rags and anyone else that has uttered their name in public for defamation of character? Their names, and names of any other player to be named later, were redacted in the noa. None of their names have been made public officially. By naming these players in their lawsuit, RR is doing exactly what they are claiming Leo and Kobe did to them. Seems to me Leo and Kobe, and possibly others have a better case than rebel rags.

[Pollodawg]

They better know what they're doing.

[ShotgunDawg]

"Expect Rebel Rags to gradually expand the lawsuit to include other persons as defendants, according to Merkel. As more facts surface, Rebel Rags will likely expand the lawsuit to include those who may have negotiated with the NCAA for immunity from punishment."

My contention is why can't Leo, Kobe, and if they name others, sue the hell out of rebel rags and anyone else that has uttered their name in public for defamation of character? Their names, and names of any other player to be named later, were redacted in the noa. None of their names have been made public officially. By naming these players in their lawsuit, RR is doing exactly what they are claiming Leo and Kobe did to them. Seems to me Leo and Kobe, and possibly others have a better case than rebel rags.

Not sure if Leo or Kobe would qualify as "public figures" or not.

It's very difficult for public figures to win law suits like this. For example: Can athletes sue Bo Bounds if he talks bad about the on the radio?

Can Trump sue every left wing media person?

Point is, different rules apply when you become famous.

[msstate7]

Not sure if Leo or Kobe would qualify as "public figures" or not.

It's very difficult for public figures to win law suits like this. For example: Can athletes sue Bo Bounds if he talks bad about the on the radio?

Can Trump sue every left wing media person?

Point is, different rules apply when you become famous.

"Famous" is probably a stretch here

[ShotgunDawg]

"Famous" is probably a stretch here

I don't agree. Maybe not nationally, but, as athletes, they are well known regionally & can't sue if criticized by a writer or radio host.

In the context of defamation actions (libel and slander) as well as invasion of privacy, a public figure cannot base a lawsuit on incorrect harmful statements unless there is proof that the writer or publisher acted with actual malice (knowledge of falsity or reckless disregard for the truth).

This is from Yahoo answers, but seems like a good answer.

Are College Athletes Public Figures?

First it would be slander, not libel, because it was spoken.

Second, they are limited public figures. You can make fun of their play and activities on the court all you want. HOWEVER, describing them as nappy-headed hos falls outside of their activities on the court and is personal defamation.

Lastly, bringing a suit may not be such a great idea. It will bring more publicity to Imus (who does not need any more free publicity for his show thankyouverymuch) and will not gain the players much in money. Read on for further illumination:


Under the First Amendment of the United States Constitution, as set forth by the U.S. Supreme Court in the 1964 Case, New York Times v Sullivan, where a public figure attempts to bring an action for defamation, the public figure must prove an additional element: That the statement was made with "actual malice". In translation, that means that the person making the statement knew the statement to be false, or issued the statement with reckless disregard as to its truth.

The concept of the "public figure" is broader than celebrities and politicians. A person can become an "involuntary public figure" as the result of publicity, even though that person did not want or invite the public attention. For example, people accused of high profile crimes may be unable to pursue actions for defamation even after their innocence is established, on the basis that the notoriety associated with the case and the accusations against them turned them into involuntary public figures.

A person can also become a "limited public figure" by engaging in actions which generate publicity within a narrow area of interest. For example, a woman named Terry Rakolta was offended by the Fox Television show, Married With Children, and wrote letters to the show's advertisers to try to get them to stop their support for the show. As a result of her actions, Ms. Rakolta became the target of jokes in a wide variety of settings. As these jokes remained within the confines of her public conduct, typically making fun of her as being prudish or censorious, they were protected by Ms. Rakolta's status as a "limited public figure".

While people who are targeted by lies may well be angry enough to file a lawsuit, there are some very good reasons why actions for defamation may not be a good idea.

The publicity that results from a defamation lawsuit can create a greater audience for the false statements than they previously enjoyed. For example, if a newspaper or news show picks up the story of the lawsuit, false accusations that were previously known to only a small number of people may suddenly become known to the entire community, nation, or even to the world. As the media is much more apt to cover a lawsuit than to cover its ultimate resolution, the net effect may be that large numbers of people hear the false allegations, but never learn how the litigation was resolved.

Another big issue is that defamation cases tend to be difficult to win, and damage awards tend to be small. As a result, it is unusual for attorneys to be willing to take defamation cases on a contingent fee basis, and the fees expended in litigating even a successful defamation action can exceed the total recovery.

Another significant concern is that, even where the statements made by the defendant are entirely false, it may not be possible for a plaintiff to prove all of the elements of defamation. Most people will respond to news that a plaintiff lost a defamation lawsuit by concluding that the allegations were true.

In other words, the plaintiff in a defamation action may be required to expend a considerable amount of money to bring the action, may experience significant negative publicity which repeats the false accusations, and if unsuccessful in the litigation may cement into the public consciousness the belief that the defamatory accusations were true. While many plaintiffs will be able to successfully prosecute defamation actions, the possible downside should be considered when deciding whether or not such litigation should be attempted.

[Lumpy Chucklelips]

Not sure if Leo or Kobe would qualify as "public figures" or not.

It's very difficult for public figures to win law suits like this. For example: Can athletes sue Bo Bounds if he talks bad about the on the radio?

Can Trump sue every left wing media person?

Point is, different rules apply when you become famous.


They aren't just being talked about on the radio. They are being singled out as their actions having contributed to the defamation of character of another individual and being sued over it. All the while, never having been officially named as having done so. Their names have only come out into the public eye as speculation by certain individuals.

[ILOATHEBears]

"Expect Rebel Rags to gradually expand the lawsuit to include other persons as defendants, according to Merkel. As more facts surface, Rebel Rags will likely expand the lawsuit to include those who may have negotiated with the NCAA for immunity from punishment."

My contention is why can't Leo, Kobe, and if they name others, sue the hell out of rebel rags and anyone else that has uttered their name in public for defamation of character? Their names, and names of any other player to be named later, were redacted in the noa. None of their names have been made public officially. By naming these players in their lawsuit, RR is doing exactly what they are claiming Leo and Kobe did to them. Seems to me Leo and Kobe, and possibly others have a better case than rebel rags.

In that article u referenced it said negotiated for immunity. How do they know Leo negotiated for
Immunity? What if the NCAA knocked on the door asking to discuss violations committed by OM

[ShotgunDawg]

They aren't just being talked about on the radio. They are being singled out as their actions having contributed to the defamation of character of another individual and being sued over it. All the while, never having been officially named as having done so. Their names have only come out into the public eye as speculation by certain individuals.

Agree.

After reading the Yahoo answer, it appears as though they'd be "Limited Public Figures". This means what they do on the field can be publicly criticized, but not what happens off of it.

[Lumpy Chucklelips]

In that article u referenced it said negotiated for immunity. How do they know Leo negotiated for
Immunity? What if the NCAA knocked on the door asking to discuss violations committed by OM

The NCAA is the one who negotiates for immunity. The investigative arm has to go to the COI and lay out why they want to give someone immunity to help in their case. The COI rules yea or nea whether to grant immunity. The NCAA then goes and knocks on the athletes door....through the school obviously. At that point, the NCAA has the information they need, they are just adding another layer of proof to their allegation.

[CadaverDawg]

Cadaver-Is this the other it you were talking about or is there more to come?

Yes, one of them. Hilarious that Ole Miss is once again trying to spin this as "a good thing". This is a big big mistake. Nobody has done this before...you think it's because one of the worst Law Schools in the country is just smarter than everyone else? Haha

The reason this doesn't happen is bc 1) Nobody typically cheats on this level, and 2) most schools are smart enough to keep this from becoming a court issue. They just opened this thing up to Death Penalty possibilities, and Don't for a second think Ole Miss isn't telling Rebel Rags what to do.

[ckDOG]

The NCAA is the one who negotiates for immunity. The investigative arm has to go to the COI and lay out why they want to give someone immunity to help in their case. The COI rules yea or nea whether to grant immunity. The NCAA then goes and knocks on the athletes door....through the school obviously. At that point, the NCAA has the information they need, they are just adding another layer of proof to their allegation.

I've heard this several times but don't really believe it. If they have corroborating proof, it would have been included in the NOA and this discussion wouldn't be occurring. I think they are putting tegether circumstantial evidence from their investigation, getting that gut feeling of what's happening, and putting the icing on it with interviews of student athletes.

[MadDawg]

I've heard this several times but don't really believe it. If they have corroborating proof, it would have been included in the NOA and this discussion wouldn't be occurring. I think they are putting tegether circumstantial evidence from their investigation, getting that gut feeling of what's happening, and putting the icing on it with interviews of student athletes.

Then you believe, as does the bear faithful, that the granting of immunity was for fishing expeditions as the NCAA was on their witch hunt.

I've never heard it described like that, but hey, I guess y'all might be right.

[ckDOG]

Then you believe, as does the bear faithful, that the granting of immunity was for fishing expeditions as the NCAA was on their witch hunt.

I've never heard it described like that, but hey, I guess y'all might be right.

Not sure I described it like that either. There's a short novel of diverse allegations over a period of time. I don't think the NCAA was just polling randoms out of spite. They had reason to believe what they did, just maybe nothing concrete where they could feel comfortable putting it in the NOA. The immunity/testimony put it over the top. The only way I see it backfiring is if they put pressure on Lewis to say what he did. Otherwise, I can't think of any reason why a student athlete would want to lie about benefits received from any program before his career was even off the ground.

[whatever]

before this decision was made. They are going "all in" that nobody wants to get wrapped up in this mess, including athletes at fellow SEC institutions and honestly, who could blame them. Honestly, I'm thinking this is more of a scare tactic than anything else. I don't see this going to court.

Agreed, it's pretty obvious no one is going to want their athletes to be involved in ANY kind of lawsuit, much less even NCAA immunity interviews.

The OM posters are saying that Saban told his players to "shut up and not say a word about OM" to the NCAA, which may be why we never heard anything from/about Bo Scarbrough or Shy Carter. That actually makes sense, because Leo's name is getting thrown under the bus, he's of course being attacked for his story inconsistencies, he's having a lawsuit filed against him, and I don't know if this is true or not, but OM posters are saying if Leo is proven at the COI to have lied then he loses immunity?

[fader2103]

Here is the thing. If some how he does win the lawsuit against Leo or Kobe (which I personally believe he has 99.9% chance of not a chance in hell of winning) How much is he willing to profit off of a college student on scholarship without a job?

[BuckyIsAB****]

Do they really expect anyone to believe the only kids who received anything from Rebel Rags are the ones who didnt go to OM??? Better yet, went to State instead of OM??

[Tbonewannabe]

Agreed, it's pretty obvious no one is going to want their athletes to be involved in ANY kind of lawsuit, much less even NCAA immunity interviews.

The OM posters are saying that Saban told his players to "shut up and not say a word about OM" to the NCAA, which may be why we never heard anything from/about Bo Scarbrough or Shy Carter. That actually makes sense, because Leo's name is getting thrown under the bus, he's of course being attacked for his story inconsistencies, he's having a lawsuit filed against him, and I don't know if this is true or not, but OM posters are hoping if Leo is proven at the COI to have lied then he loses immunity?

Fixed it for you. I imagine that Leo knows he was granted immunity if he told the truth, if he lied to the NCAA then his career is pretty much over. He didn't just make shit up to get UNM in trouble. Do I need to remind people that Doug Buckles accusation of getting $20 was part of Jackie's penalties along with Fant's tires?
It is funny that UNM is screaming MSU and Mullen are trying to bring them down when they bought all those recruits for Flipmas. The same school had one of their signees report $20 payment by one of his friends that was on the MSU team and had private dicks follow Jackie around. Those bitches were far more obsessed with MSU than we ever were with UNM.

[fader2103]

Do they really expect anyone to believe the only kids who received anything from Rebel Rags are the ones who didnt go to OM??? Better yet, went to State instead of OM??

shouldn't be hard to find where hats and shirts come from now a days.... Kids don't cut tags off anymore

[Perpetual Underachiever]

Here is the thing. If some how he does win the lawsuit against Leo or Kobe (which I personally believe he has 99.9% chance of not a chance in hell of winning) How much is he willing to profit off of a college student on scholarship without a job?

This suit has nothing to do with money. It's all about power, intimidation, and perception.

[fader2103]

Everything comes down to money. You aren't gonna pay a lawyer to sue someone without getting money. I get what your say about power, intimidation and perception...but all 3 comes down to money especially a business man like the owner of a certain store in Oxford

[lamont]

Everything comes down to money. You aren't gonna pay a lawyer to sue someone without getting money. I get what your say about power, intimidation and perception...but all 3 comes down to money especially a business man like the owner of a certain store in Oxford

The spin is that if he is disassociated- he could lose his licensing to sell OM merchandise

[msbulldog]

Everything comes down to money. You aren't gonna pay a lawyer to sue someone without getting money. I get what your say about power, intimidation and perception...but all 3 comes down to money especially a business man like the owner of a certain store in Oxford

The lawyer is a huge Mississippi booster the baseball teams indoor facility is named after him.

[Perpetual Underachiever]

The spin is that if he is disassociated- he could lose his licensing to sell OM merchandise

I'm no expert in this field, but I do not think they would have to stop selling OM products, licensed through IMG, even if they are disassociated. It's my understanding that they would not be able to advertise on campus, donate to the university, or sponsor anything OM related i.e. "the official OM swag shop"

Can anyone confirm exactly what the repercussions would be for being disassociated?

[MarketingBully]

Agreed, it's pretty obvious no one is going to want their athletes to be involved in ANY kind of lawsuit, much less even NCAA immunity interviews.

The OM posters are saying that Saban told his players to "shut up and not say a word about OM" to the NCAA, which may be why we never heard anything from/about Bo Scarbrough or Shy Carter. That actually makes sense, because Leo's name is getting thrown under the bus, he's of course being attacked for his story inconsistencies, he's having a lawsuit filed against him, and I don't know if this is true or not, but OM posters are saying if Leo is proven at the COI to have lied then he loses immunity?

Scarborough talked to the NCAA and was suspended four games for what he took from Ole Miss last year. He didn't get immunity but he did talk to the NCAA. The NCAA chose not to use those allegations in their NOA because they already had the pattern established. It's amazing everyone glossed over that in 2015 when Scarborough was suspended four games for an "NCAA issue."

[Entodawg]

I don't think other school's players will come forward, but if I were LL or KJ's lawyers, I'd want to talk to some of the highly recruited players who didn't pan out at OM. Pat Patterson, Nick Brassel, Tobias Singleton, Devonte Kincade, Tee Shepard, etc. They all have nothing to lose by telling the truth.

[Mjoelner34]

Scarborough talked to the NCAA and was suspended four games for what he took from Ole Miss last year. He didn't get immunity but he did talk to the NCAA. The NCAA chose not to use those allegations in their NOA because they already had the pattern established. It's amazing everyone glossed over that in 2015 when Scarborough was suspended four games for an "NCAA issue."

Rosie said Scarborough was suspended because of what went on during a recruiting trip to Clemson.

[Reason2succeed]

http://www.espn.com/college-football/story/_/id/19618141/store-owner-linked-ole-miss-ncaa-case-files-defamation-suit

Something I just saw here.

The lawsuit accuses the trio and other unnamed defendants (read: Dan Mullen, In State Head Coach #1) of making false statements to NCAA investigators "intentionally, maliciously and/or with reckless disregard for the consequences of their actions" and causing "economic and reputational damage to the plaintiff."

Not a single witness corroborates these claims -- in fact, every other witness denies it, including those closest to the prospects and without University affiliation."


It sounds like to me there are several witnesses that corroborate the claim and you are suing all of them. That's Spicer level spin there.

[LC Dawg]

I think one thing that isn't really being discussed and something that could blow up in their face is Lindsey Miller being included in the lawsuit. Miller's allegations deal with Tunsil receiving merchandise so logically the best person to corroborate or dispute this claim is Laremy Tunsil. My guess is that Laremy Tunsil is the last person that Ole Miss wants on the stand.

[Mimi's Babies]

Ol' Rags better hope he hasnt been giving out gear to OM recruits that attend other schools.

You can bet our coaching staff has been reaching out to coaches at other schools with OM recruits. Those recruits will be questioned by their coaches on whether they received gear from Rebel Rags. If they did- they will be asked to come to the defense of fellow SEC football players against those mean Boosters at OM.

There could be alot of new and fun surprises popping up this summer.

I have reason to believe that this has already happened..... at many universities...

Could have been one of the questions a certain SA lied about.

[Mimi's Babies]

This suit has nothing to do with money. It's all about power, intimidation, and perception.

Here is some perception, this is posted information by the State of MS...

https://corp.sos.ms.gov/corp/portal/c/page/corpBusinessIdSearch/portal.aspx?#clear=1

[Acid mouth]

I think one thing that isn't really being discussed and something that could blow up in their face is Lindsey Miller being included in the lawsuit. Miller's allegations deal with Tunsil receiving merchandise so logically the best person to corroborate or dispute this claim is Laremy Tunsil. My guess is that Laremy Tunsil is the last person that Ole Miss wants on the stand.

I remember reading an article concerning the recruitment of Big Softie. He randomly takes a trip to Oxford despite them not being on his radar. When Mark Richt goes to visit Softie the following week, his family is decked out in BearShark gear. Wonder where he got all that apparel?

[Reason2succeed]

I remember reading an article concerning the recruitment of Big Softie. He randomly takes a trip to Oxford despite them not being on his radar. When Mark Richt goes to visit Softie the following week, his family is decked out in BearShark gear. Wonder where he got all that apparel?

They bought it all at full price at a certain athletic apparel store right outside of the most beautiful campus you've ever seen.***

[TrapGame]

I remember reading an article concerning the recruitment of Big Softie. He randomly takes a trip to Oxford despite them not being on his radar. When Mark Richt goes to visit Softie the following week, his family is decked out in BearShark gear. Wonder where he got all that apparel?

It's my understanding other student athletes that did not wind up at State supposedly got om gear from RR. But, the owner is only going after the two that signed with State.

Is this true or am I wrong on this?

[MadDawg]

It's my understanding other student athletes that did not wind up at State supposedly got om gear from RR. But, the owner is only going after the two that signed with State.

Is this true or am I wrong on this?

You are correct, but the lawsuit also names "John Doe #1 thru #15" to include others as they become known. Common tactic in such cases so more defendants can be named as they come to light.

[Mimi's Babies]

It's my understanding other student athletes that did not wind up at State supposedly got om gear from RR. But, the owner is only going after the two that signed with State.

Is this true or am I wrong on this?

There was MUCH OM wear on one recruit that DID sign with OM..... Wonder where it came from????

There was many benefits given to the OM recruits every time that they visited OM.
Benefits included: Book bag, Clothes, Electronics, Cash, Jewelry

Money has been used to purchase trucks and cars....

[Bully75]

Not sure if Leo or Kobe would qualify as "public figures" or not.

It's very difficult for public figures to win law suits like this. For example: Can athletes sue Bo Bounds if he talks bad about the on the radio?

Can Trump sue every left wing media person?

Point is, different rules apply when you become famous.

It's called vortex public figures..............anybody can say anything about you if you are known to the public through the news, etc.

[Tbonewannabe]

You are correct, but the lawsuit also names "John Doe #1 thru #15" to include others as they become known. Common tactic in such cases so more defendants can be named as they come to light.

So is this a tactic to prevent any more witnesses from coming forward? Sounds like if anyone corroborates their story then they get sued also.

[Political Hack]

The discovery phase of this lawsuit is going to bring out a massive amount of information. They're going to have everyone likely getting deposed, from freeze to Bjork to Barney to Warren to the NCAA. All boosters in the allegations will likely be known. The sting operation the NCAA ran and everyone involved will likely be known. Every PSA's name will likely be known. All phone records will likely be put out there. Neal McCready and Yancy and others will likely be deposed. Warren's family, and I mean extended family, family likely be deposed. His other business(es) will almost certainly be drug into this, including their employees. And that, right there, could bring a thump that no one is anticipating.

We can only hope they push this and our overly conseravative compliance office doesn't somehow influence Leo's lawyers to only focus on the defensive side of things. If they go on the offensive, it's going to be a field day like none of us ever imagined.

[Bubb Rubb]

but, but, but....Yancy say only the coaches and SAs named in the allegation can be deposed! That's comical, of course.

[Mimi's Babies]

but, but, but....Yancy say only the coaches and SAs named in the allegation can be deposed! That's comical, of course.

That is not correct.... ANYONE with any information can be called to give testimony... To bring forward all of "emily's" business records will be really interesting....

[ShotgunDawg]

That is not correct.... ANYONE with any information can be called to give testimony... To bring forward all of "emily's" business records will be really interesting....

Even it were true, if Leo just files a counter suit, then it's open game.

[Bully13]

I'm predicting there will be attys flocking to counter sue. UNM Will be found at the top of the food chain.

[Political Hack]

but, but, but....Yancy say only the coaches and SAs named in the allegation can be deposed! That's comical, of course.

Nope. The lawyers will be given every opportunity to find "Emily."

[Mimi's Babies]

Where oh where is "emily".... and the List of the Boosters Names that OM "SAID" they were releasing??????

[WSOPdawg]

Nope. The lawyers will be given every opportunity to find "Emily."

Including tracking down any former RR employees who may have had a falling out but knows details that others would be interested in learning.

[Lord McBuckethead]

"Expect Rebel Rags to gradually expand the lawsuit to include other persons as defendants, according to Merkel. As more facts surface, Rebel Rags will likely expand the lawsuit to include those who may have negotiated with the NCAA for immunity from punishment."

My contention is why can't Leo, Kobe, and if they name others, sue the hell out of rebel rags and anyone else that has uttered their name in public for defamation of character? Their names, and names of any other player to be named later, were redacted in the noa. None of their names have been made public officially. By naming these players in their lawsuit, RR is doing exactly what they are claiming Leo and Kobe did to them. Seems to me Leo and Kobe, and possibly others have a better case than rebel rags.

Exactly my point since this thing started. Their names were never made public. LL et al never said anything about foxy reb publically, nor does anyone not named in the NOA even seen their names. Not exactly sure how a public defamation case can be made when the statements were given by a random SA39.