Tag:lawsuit
Posted on: November 4, 2010 2:11 pm
 

Utah A.G. looking for federal help in BCS suit

Posted by Jerry Hinnen

Utah attorney general Mark Shurtleff has been gearing up for an antitrust lawsuit aimed at bringing down the Bowl Championship Series for quite some time now, and this week he made his pitch to what could prove to be a very powerful friend in his fight against the BCS: the U.S. Justice Department. The administration of president Barack Obama --- who of course famously stated that he would support a playoff in college football -- has already been mulling over an investigation into the fairness of the BCS system. If Shurtleff has his way, that mulling over will become action and the BCS could be facing federal antitrust violations.

But as this report from the Salt Lake Tribune helps illustrate, if Shurtleff doesn't get federal help, the lawsuit will likely never get off the ground. Finding the funding to bring such a high-profile suit is proving to be difficult:

 

Shurtleff said Utah couldn’t cover the costs of the litigation on its own, which is why he has repeatedly reached out to attorneys general from other states and sent a detailed legal brief to the Justice Department six months ago.

He believes the Justice Department would be in a better position to push the issues because AGs from around the nation often represent the major universities in their states and it is the college presidents who make up the BCS.

“Potentially the defendants are your own clients,” Shurtleff said.

Further, the climate for pursuing such a case is growing harsher by the day. Shurtleff first began his crusade in the wake of his home-state Utah program getting shut out of title consideration after their undefeated 2008 run, but since then the Utes have become part of the BCS's landed gentry themselves by accepting a Pac-12 invitation; his constituency may not support his cause with the fervor they once did, another reason he may need the support of the Justic Department.

Beyond that, with both Boise State and the winner of Saturday's mega-clash between Utah and TCU highly likely to play in BCS bowls (and reap BCS cash) this season, non-AQ access to the BCS has never been greater. Shurtleff claims of a potential non-AQ team playing in the national game that ...

“There is no scenario whatsoever where it can happen under the current regime,” he said. “It can not happen.”
But this is simply, patently false; a scenario in which Oregon loses or the SEC champion has two losses could do the trick before the year is out.

Should the Ducks win out and either undefeated Auburn or a one-loss Alabama squeeze the unblemished Broncos, Frogs, or Utes out of the title game, Shurtleff will have a point. It will not be fair to continue to reward perfect seasons by established non-AQ powers with seats at the metaphorical kiddie table. But fair or not, neither the political climate nor the climate surrounding college football seems conducive right now to forcing BCS change at the point of a knife.

HT: GTP .

 


Posted on: October 28, 2010 1:33 pm
 

Nevada, Fresno St. told to grab a Snickers

Posted by Jerry Hinnen

Why the delicious nougaty candy-related reference to lead off this post? Because Nevada and Fresno State are, as the tagline goes, not going anywhere for a while . Their move into the Mountain West and out of the ever-wobbly WAC has been delayed by a year, until 2012, as part of the resolution of a WAC lawsuit that asked the Wolf Pack and Bulldogs to either wait it out one extra season or fork over a cool $5 million each.

That kind of money doesn't grow on non-AQ trees, so both schools will pay a meager $900,000 (though they'll also forfeit their 2011-2012 league distribtuion check , making the true price tag a bit heftier) and spend another year lining up against the remnants of the WAC. That conference and commisioner Karl Benson came out the clear losers in this latest round of west coast conference expansion, but this is a major win that will give Benson a desperately-needed extra year in which to cobble together a strategy for keeping the 48-year-old conference afloat.

Everyone else involved in the MWC-WAC-BYU expansion brouhaha, though, comes out a loser in the short-term of today's decision. Let's count the ways:

Nevada and Fresno : Not that either program will likely be looking at a BCS berth in 2011, but nonetheless that goal will be all-but-impossible playing in a watered-down, Boise State -less WAC that will rank with the Sun Belt and MAC as the FBS's worst. Maybe more practically, a MWC schedule would be substantially more appealing to ticket-holders than going another round with San Jose State and Idaho . (The proud Pack men's hoops program would have been much more likely to earn an NCAA Tournament at-large berth out of the MWC, too.)

Boise State : Speaking of the Broncos, the 2011 MWC will likely offer a better strength-of-schedule quotient than the 2011 WAC, thanks to the likes of TCU , Air Force , and a rejuvenated San Digeo State . But without the Pack and the Bulldogs (or, of course, deserters BYU or Utah ), the sad-sack bottom half of the MWC still projects to be so weak that there won't be that much difference. If the Broncos do mount another undefeated charge at the national title game, tilts against known quantities like Nevada and Fresno would have come very much in handy.

The Mountain West: The MWC keeps trying to push the rock that is automatic qualification up the hill that is the BCS , and it keeps rolling downhill. A league with Boise added to the Utah-BYU-TCU axis was a lock, but the Utes and Cougars jumped ship. A league with Nevada and Fresno adding depth to the TCU-Boise axis also stands a good shot given the Big East 's current woes, but now that league won't start play until 2012, by which time it's possible a bigger fish picks off the geographically-distant Horned Frogs. (There's already rumors about TCU being offered a spot in the Big East.)

After today, the league seems more than ever to be merely running to stand still.

 
 
 
 
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