Eyedoctor2
Redshirt Freshman
- Joined
- Nov 5, 2011
- Messages
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John Morgan, Ray Ray Armstrong's attorney, was on the Dan Sileo show today.
You can listen at: http://wqam.com/interviews
Though not an attorney, I found his arguments persuasive. Was wondering if anybody with knowledge of the law and the process could comment.
EDIT: Just found a legal commentary at: http://www.sun-sentinel.com/sports/...armstrong-injunction-20120808,0,7200029.story
“Being on the team, practicing, competing, etc. is all a privilege and can be taken away at any time for any reason (or no reason at all),” said Infante, author of the Bylaw Blog who worked in compliance offices for two schools. “Courts also have rejected the argument that dismissing him from the team harms him by hurting his draft status. Courts say the money you will make as a professional athlete is too speculative to deserve relief from a court in the form of an injunction or monetary damages.”
How Armstrong would fit back into the team is an issue his attorney faces in seeking the injunction. The school could always argue his reinstatement would harm the team chemistry among other competitive issues.
“On the other hand, Miami would probably seek to show that there’s a very small likelihood that Ray-Ray would succeed on the merits of the case moving forward,” said Darren Heitner, an attorney with Wolfe Law Miami. “There’s nothing wrong with the University of Miami levying its own punishment. It does not need the support of the NCAA to do so, and I think that’s where I think the statement’s made by Ray-Ray’s attorney might have been pumping up his case a little too much.”
The potential loss of future earnings in the NFL is the basis of the case. Morgan plans to argue Armstrong’s opportunity to make a roster would suffer if he transferred to a smaller school.
Heitner also said the case of Janoris Jenkins could work against Armstrong, showing that transferring to a lower-level program doesn’t necessarily devastate draft potential. The defensive back was kicked off the University of Florida team before the 2011 season and transferred to Division II power North Alabama.
Jenkins was picked in the second round of April’s NFL Draft after a successful season.
Once the injunction is filed, UM will have an opportunity to respond before a judge schedules a hearing.
Meanwhile, Morgan said Armstrong remains in the Miami area.
“He’s still hopeful,” Morgan said. “He wants to remain on the University of Miami’s roster for the upcoming season. He continues to work and train as hard as he ever has.”
You can listen at: http://wqam.com/interviews
Though not an attorney, I found his arguments persuasive. Was wondering if anybody with knowledge of the law and the process could comment.
EDIT: Just found a legal commentary at: http://www.sun-sentinel.com/sports/...armstrong-injunction-20120808,0,7200029.story
“Being on the team, practicing, competing, etc. is all a privilege and can be taken away at any time for any reason (or no reason at all),” said Infante, author of the Bylaw Blog who worked in compliance offices for two schools. “Courts also have rejected the argument that dismissing him from the team harms him by hurting his draft status. Courts say the money you will make as a professional athlete is too speculative to deserve relief from a court in the form of an injunction or monetary damages.”
How Armstrong would fit back into the team is an issue his attorney faces in seeking the injunction. The school could always argue his reinstatement would harm the team chemistry among other competitive issues.
“On the other hand, Miami would probably seek to show that there’s a very small likelihood that Ray-Ray would succeed on the merits of the case moving forward,” said Darren Heitner, an attorney with Wolfe Law Miami. “There’s nothing wrong with the University of Miami levying its own punishment. It does not need the support of the NCAA to do so, and I think that’s where I think the statement’s made by Ray-Ray’s attorney might have been pumping up his case a little too much.”
The potential loss of future earnings in the NFL is the basis of the case. Morgan plans to argue Armstrong’s opportunity to make a roster would suffer if he transferred to a smaller school.
Heitner also said the case of Janoris Jenkins could work against Armstrong, showing that transferring to a lower-level program doesn’t necessarily devastate draft potential. The defensive back was kicked off the University of Florida team before the 2011 season and transferred to Division II power North Alabama.
Jenkins was picked in the second round of April’s NFL Draft after a successful season.
Once the injunction is filed, UM will have an opportunity to respond before a judge schedules a hearing.
Meanwhile, Morgan said Armstrong remains in the Miami area.
“He’s still hopeful,” Morgan said. “He wants to remain on the University of Miami’s roster for the upcoming season. He continues to work and train as hard as he ever has.”
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