Ohio State's Maurice Clarett Sues NFL

ABC/ESPN Breaking News ^ | September 23, 2003 | staff writer

[rftc]

Suspended Ohio State tailback Maurice Clarett sued the National Football League today in an historic attempt to gain entry into the league.

Under the current rules, Clarett is not eligible for entry until 2005.

[ContemptofCourt]

Haywood v. NBA, 401 U.S. 1204

[j_k_l]

Ricky Williams? I don't think he had any reputation other than somewhat eccentric with a brutal work ethic.

Well there was the whole dressing in drag and the simulated marriage to Mike Ditka. Seeing him in that wedding dress was at the very least disturbing.

[ijcr]

If there is anything we have learned in the last two years
is that irrespective of the law, whatever the judge hearing the case thinks is fair....is the verdict.

[misterrob]

It was meant to convey that they were married to one another. Ditka dumped his whole draft into this kid.

[j_k_l]

It is still freak'n sick (sorry if you are a fan of his). I bet Mike would like those picks back (they sort of cost him his job).

[AgentEcho]

I've heard this question before. The radio host stated there could be a suplementary draft, but didn't explain what it was.

Æ

[AgentEcho]

Are they individual employers if they only have a franchise. If they aren't then it seems to me that they are obligated to follow the NFL rules.

[ContemptofCourt]

Paul Haagen, professor of law and co-director of the center for sports law and policy at Duke University School of Law, said the fact that the rule is not explicitly written in the NFL's Collective Bargaining Agreement (CBA) leaves the league more susceptible to challenge. The onus would be on the NFL to show that the rule comes within the scope of the CBA, thus providing them a labor exemption.

"This would be a real hard sell," Haagen said. "It's going to be really difficult to explain what the interest of the league is."

But both sides would have to be willing to fight a long battle. Longtime NFL agent Ralph Cindrich, who played five NFL seasons, said Clarett had better consider several factors before pursuing this through the courts.

"The lawyer in me says that the NFL is vulnerable on this issue," said Cindrich, who counts Miami Dolphins quarterback Brian Griese among his clients. "But the practical side says, 'What can I win? What is it going to take? Where am I going to get the funds?' "

Haagen said Clarett must consider time. Unless he and the NFL can agree to a summary judgment, meaning all parties agree on the facts of the case then allow the court to rule, Clarett would have to wait for a trial. That could be dicey because he's trying to be available for the 2004 NFL Draft in April.

But the league wouldn't be without risk, either. If the courts overturn the rule, they would also subject the league to anti-trust laws, which would require the NFL to pay for Clarett's lawyers and court costs, said Robert Berry, professor emeritus at Boston College and a visiting professor at Capital University Law School in Columbus, Ohio.

"Also, any damages which he has incurred, such as lost job opportunities, would be tripled," Berry added. "So they're facing very substantial damages. However, it's not as substantial as they've faced in other types of litigation."

Other plaintiffs could join the fray as well, said Berry, who understands this case intimately. In 1987, he represented Cris Carter when he was declared ineligible at Ohio State for taking money from agents. At the time, the NFL rule said players had to fulfill their eligibility. Berry petitioned the NFL to allow Carter to be available through the supplemental draft.

Carter was selected in the fourth round by the Philadelphia Eagles, but he lost money because he would have been a first-round pick in the regular draft, Berry said. "I wouldn't be surprised if the same thing happened to Clarett," he added.

Wanna bet this is what happens with Clarett? Best solution for both parties.

[j_k_l]

The radio host stated there could be a suplementary draft...

Bernie Kosar used this loop hole in order to be a Brown (only to be cut by that moron Bellacheck).

[freeangel]

Perhaps I am naive, but why would any team want him after this episode unless they want to be in court later for not giving him enough playing time or whatever the heck else he can think up to cause a problem to "earn " some easy money?

[You Dirty Rats]

My bad (partially); I was relying on an account of the Haywood case from the book "loose Balls", by Terry Pluto.

However, it should be noted that Haywood had already played one year with the ABA before signing with Seattle.

[jpl]

I think the courts may strike down the NFL's rule.

I agree. I never thought they would try to dictate the PGA's rules, and they did, which means they can do it to any sports league.

[You Dirty Rats]

For the same reason that guys would line up to date J-Lo after prior bust-ups with B.A. et al. You think you're the one she really wants.

[j_k_l]

The kid has raw skills. If he can play someone will draft him. Much like the 1996 election - “Character Does Not Matter”. Why else would any player get drafted from the Florida Colleges?

[hankbrown]

Woody Hayes' son is not hearing the case against the NFL. He is a municipal court judge who is in charge of the falsification case against Clarett. Hayes is not a federal court judge.

[Baseballguy]

I know you are not serious. Though it does sounds like all that could come to pass since the 14 admendment passed.

[misterrob]

They just never figured how to work with him and his emotional issues. Now that he is in Miami he is doing fine.

And being a Pats fan I can't say I would complain if he blew his knee out and had to miss the next three months but not sustain any long term health problems.

[triplejake]

Previous cases have held that the NFL teams are competitors for antitrust purposes, but it is certainly a close issue.

[Baseballguy]

I would perfer kids going into the NFL out of highschool. Colleges would be a place for those that want to learn and not jocks trying to get noticed.

[misterrob]

You mean the guy who won the Super Bowl in 2002 with a less talented team than the Rams?

Bernie was on his last legs and Vinnie T. was supposed to be the future. He might not have done the job in the mid nineties but the Jets almost went the Super Bowl with him as their QB under Parcells and Charlie Weiss.