Miami warns NCAA about lawsuit

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The thing the NCAA can't stomach in a lawsuit is discovery. If it got past a motion to dismss, they would be effed. That's their probleminthe USC case as well.

And it is rare for a motion to dismiss BEFORE discovery to be granted.
 
That was a lawyers letter. There's no news in that for the NCAA. They know UM 'can' sue. Anyone can sue. And the merits of the suit are what they are. The letter is irrelevant.

My guess: Basically, UM sent a letter saying 'we disagree that you can't dismiss at this stage.' They then put in standard legal boilerplate referencing a 'reservation of rights' so the NCAA cannot use the letter against UM if they do throw the case out and UM sues anyhow. In truth, UM ain't gonna sue if the case gets tossed.

IMO it was a little more than that. I wouldn't be surprised if this letter was to show the NCAA that their willingness to sue is real

Not really. The NCAA already knows, or should, that there are circumstances under which the U might sue. You don't have to 'tell' them that. Their own lawyers will tell them that.
 
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The thing the NCAA can't stomach in a lawsuit is discovery. If it got past a motion to dismss, they would be effed. That's their probleminthe USC case as well.

And it is rare for a motion to dismiss BEFORE discovery to be granted with prejudice.

Not true.

FIFY
Basically means failure to state a claim upon which the requested relief can be granted.

The NCAA would certainly try to argue that UM has no legal basis for a suit. And they could well prevail.

But my guess is lawyers for the U will get past the pleadings. There's too much here.
 
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