Todd McNair: Unleashing Pandora's Box (Read: Litigious Lawyers) on U$C by Suing the NCAA

There was an alternative title for this post: "Todd McNair: Total Moron." It would have fit pretty well, given how unbelievably stupid Todd is. By introducing lawyers into the equation, he's dealt a major blow to U$C. 

First, civil litigation is nothing like criminal law (something most Trogan football players are personally familiar with), so there's no speed involved whatsoever.  It's a protracted siege, which means the party with more resources has the distinct advantage.  The NCAA can slowly bleed McNair dry: it has the time, the money, and the lawyers to do so.  The original complaint initiating the law suit can be viewed here.

Second, civil litigation has all these pesky little things that U$C doesn't like: among them, discovery.  It means that the NCAA now has the power of court orders and the law to force U$C and its minions to answer questions it doesn't want to.  It means that the NCAA now has the reach to make Reggie Bush and Pete Carroll answer tough questions (which they didn't since both jumped ship to the NFL).  It means that the NCAA could discover in the tons of paper sure to follow that the dots connect between U$C, Joe McKnight, United States China, a free Range Rover, not to mention Dillon Baxter, golf cart rides, and a certified (albeit lame wannabe) NFLPA agent.

That's all very bad for U$C.

Now, of course, the shortsighted (and often hilariously pathetic) U$C fanboys think this is a wonderful idea.  One quick jaunt through U$C message boards and web sites and you'll see plenty of idiots encouraging the Dog Fighter (side thought: what is it about convicted criminals that get U$C fan boys so excited?), applauding his lawsuit, and dreaming he'll take down the horrible, horrible NCAA.

Damn, and we thought Don Quixote was delusional.

Let's break it down after the jump.

Think about it: U$C isn't suing the NCAA.  According to ol' Ethical Pat, they have internally considered the option and rejected it.  Why do you think that is?  Don't you think if U$C had something to gain from going after the NCAA in court, the Trogans and their minion lawyers would be all over it?  Of course they would.

But they're not, and that tells you everything you need to know.

Todd McNair doesn't care.  He got axed from U$C, so if it ends up hurting U$C more in the long term, he could care less.  He's in it for the slim chance he'll get a pay day: that the NCAA will not want to waste it's time on some chump dog fighting convicted criminal and give him some pittance settlement.  Maybe that's why Bruce Broillet (undergrad at Notre Dame, law school at Texas) doesn't mind taking this case: besides the national exposure it brings him, if U$C is collateral damage to McNair getting some settlement, then so be it.

This lawsuit isn't going to go well for U$C.   First, even their more rational supporters agree that a lawsuit against the NCAA is a losing battle:

Haden, I feel, was correct in not threatening the NCAA with a lawsuit or any follow-up to their decision on the university’s appeal.  There was little to gain from a lawsuit, which could not be won.

And despite the repeated protestations of U$C's fan boys, the "school" evidentially felt they got a fair hearing and opportunity to present their case:

A U.S.C. spokesman, James Grant, said: "We do want to thank the committee and the N.C.A.A. staff and everyone involved for these proceedings and are pleased that we’re able to present our side of the events and look forward to an outcome and to moving on."

In fact, Ol' Ethical Pat himself acknowledged it wasn't an NCAA vendetta (emphasis added):

I think the appeals committee is a group of fair-minded folks. We just vehemently disagree with the result . . .

Haden even admitted, to a certain degree, culpability (emphasis added):

"We have to look at ourselves in the mirror here," said Haden, who took over the athletic department last July. "We could have and should have done things better. We had a player who knowingly did things wrong. We are not innocent here."

But the Dog Fighter is looking out for himself now.  And he's awoken a sleeping giant: the NCAA has the money, the power, and the will to outlast him and grind him out through the slow, painful process of civil litigation.  You see, the Trogans know that all of these discovery mechanisms don't bode well.  Ask Reggie Bush:

In 2007, Bush settled another civil suit brought by a different partner in New Era. Bush's deposition had been scheduled for Friday. The NCAA was expected to seek transcripts of that deposition as it wraps up its investigation of the USC athletic department.

Now, one of their former minions, an unemployed, washed-up jock with no future in the only thing he knows how to (half-assed) do, is playing the ultimate desperate play: sue the NCAA and hope to scare an easy settlement out of them.  Except the NCAA isn't playing along with his little game:

The NCAA released a statement Monday afternoon saying officials hadn't yet been served with the lawsuit.

"Nonetheless, we are confident actions by the NCAA enforcement staff and Committees were proper and we'll vigorously defend that position in court," the NCAA said in the statement.

This is going to be interesting.  Now that the lawyers are involved, this thing can turn into a full blown catastrophe for U$C, especially if the NCAA can get key figures on the record in depositions (Bush, Cheatey, that idiot Garrett, etc.).

Or as Fox 71 put it:

Just think what an opportunity this is for the NCAA. They can now subpoena everything they wanted but didn’t get. They can literally drain the swamp at Inheritance Hall and get whatever paper exists (and surely there won’t be much.) They can subpoena bu$h. This could literally be discovery heaven.

Gtet your popcorn out ladies and gentlemen.  This could be quite a circus and quite entertaining, all thanks to Todd "Dog Fighter" McNair, the total moron who has unknowingly unleashed a Pandora's Box upon U$C.

GO BRUINS