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College Football in 2020 in danger?


The_Great_Hornsby

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8 hours ago, Newy25 said:

So to avoid paying lawsuits, the Big 10 passed up a minimum of 70 million dollars? Not to be cold, but wouldn't one think the payouts in a lawsuit would be far less than that even in a worst case scenario? 

It ain’t about money.   It ain’t about lawyers.   there’s a common interest of many in the big and the pac (and ivy and big East).   What could it be???

The first to get it right will earn a gold star   

 

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5 hours ago, ChiTownDoc said:

No, lol, apparently you don't know many lawyers.  They would get it insured somehow, not go with your 'it can't be that bad, bro' scenario.  Because a worst case scenario is far more than 70M.  Have you heard of a class action lawsuit?  LOL @ payouts being far less than 70M for a conference that sends each member 30M plus for just one football season...

I know plenty of lawyers. I’ve been deposed in multiple class action lawsuits as well. What was the Maryland payout to the family when the player died? That was clear cut negligence on the part of the school. In this case each school is taking so many precautions negligence will be much harder to prove. And your last sentence did not even make sense. 

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45 minutes ago, Pig Bellmont said:

So what’s going to happen with eligibility? Can players opt out? What happens if the league shuts down the season half way through?

Who is going to enforce the health protocols? What happens if say Oklahoma doesn’t report a positive test for a key player to let them play the RRS? If two or more teams have to quarantine after an outbreak, isn’t the season fucked?

Hey 324 people died from Covid in TX yesterday, but sure let’s play ball where half the league will send ~85 18-22 year olds to travel and stay in a hotel each week. Boy this seems dumb

Of the 324, how many were 18-22 year old athletes? You can be fatalistic all you want and think everything, everywhere should end but understand not everyone thinks that way. Including the players and coaches. I assume to you their opinion matters? 

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6 minutes ago, Newy25 said:

Of the 324, how many were 18-22 year old athletes? You can be fatalistic all you want and think everything, everywhere should end but understand not everyone thinks that way. Including the players and coaches. I assume to you their opinion matters? 

College coaches aren’t exactly a brain trust upon which we should be relying to steer through a pandemic. This article touches on it, but much, much more could be written about the mental deficiencies of college coaches. 
 

 

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11 minutes ago, Newy25 said:

I know plenty of lawyers. I’ve been deposed in multiple class action lawsuits as well. What was the Maryland payout to the family when the player died? That was clear cut negligence on the part of the school. In this case each school is taking so many precautions negligence will be much harder to prove. And your last sentence did not even make sense. 

Why are you comparing Maryland being sued for one player / by one player’s family to a class action suit?  You have sounded like a dumbass this entire thread, don’t stop now.  

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8 minutes ago, Newy25 said:

I know plenty of lawyers. I’ve been deposed in multiple class action lawsuits as well. What was the Maryland payout to the family when the player died? That was clear cut negligence on the part of the school. In this case each school is taking so many precautions negligence will be much harder to prove. And your last sentence did not even make sense. 

This is all about optics for the Big 10.  They have somehow convinced themselves that any perceived risk is unacceptable in a sport that has tons of risk.  Of corse there are unknowns but we all have a higher risk of death from getting in our car everyday than Covid.  Perspective has been destroyed during this Covid mess.  Also, why is it ok for these same Big 10 schools to allow kids on campus.  How is it not a liability to the schools if one of the students dies?  Pure BS.  

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2 hours ago, kopp0e said:

USC not much for 22 games in a calendar year, strike me shocked...

 

 

Setting aside all of the sports not named football for a second. There isn't a chance in hell if there is a "Spring season" that it will be anything more than 8ish games. And I wouldn't be shocked if the fall of 21 is reduced by a game or two and then 22 it's back to "normal". 

That is of course 25 other shoes don't drop between now and the end of whatever college football season we get this fall.  

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Ignore this crap about personal injury lawsuits from Covid. It isn’t happening. It comes from a place of ignorance and fear, or worse, insurance industry propaganda.
 
Lawsuits alleging negligent spread of Covid are few and far between. I know of one, and I’m sure it will not be successful. It will probably be dismissed and when it is, it won’t get 1/100th the headlines it got when it was filed. Only in the rarest of cases will these actually be viable lawsuits. You’ll need some special circumstances likely involving isolation of the infected prior to infection. I can think of a few cases that might be viable, such as a sleep-away summer camp or private boarding school that ignored warnings signs and did not take basic precautions, but even those cases will have steep hurdles most claims still can’t clear. Not only would you have to prove that a school or business breached their duty to limit the spread of the virus by exercising ordinary care, whatever that means in this instance, you also will have to prove proximate cause.
 
Proving proximate cause means proving you got Covid as a result of that breach of the duty to exercise ordinary care. And you’ll need medical evidence. How exactly are most people with Covid going to do that? How can they prove the exact place where they got Covid? Is football practice the only place they have been around any other person? Is the air they breathe at football practice the only air they’ve breathed? Obviously not. Show me a scientific way to prove where you got the Covid specifically, because that is exactly what you’re going to need. You are going to need to prove based upon a reasonable degree of medical probability that your Covid came from the school’s breach of proper Covid protocols. That night you fucked your girlfriend? That restaurant you went to? The grocery store you went to? When you went to visit your parents? When you stopped at a gas station? The time you picked up drive-thru? How do you know your Covid came from the school and not from any of that? How do you prove the link? You don’t.
 
Don’t believe me? Go do a Google search real quick for “Covid personal injury lawyer.” You will find lawyer websites in your search results, but what you won’t find is many lawyers looking to represent you for your Covid infection. You’ll find Lawyers looking for business interruption cases (business loss insurance claims). You’ll find defense firms looking to offer Covid advice. You’ll find personal injury law firms advising you that they are still open for business and are taking Covid precautions. You won’t find many lawyers looking to represent people who have Covid infections against places where they allegedly got infected. You will find zero on your first page of Google search results. I found one on page 3, if you can call it one at all. https://bernsteininjurylaw.com/blog/does-covid-19-constitute-a-personal-injury-claim/ It basically explains why you probably don’t have a case, as I just did above.
 
Now, go do a Google search real quick for “18 wheeler personal injury lawyer.” Take a look at how many hundreds of law firms are itching to take your injury cases. None will explain to you why you probably don’t have a case. All will explain to you that you should call them ASAP for a free consultation. There are over 150,000 supposed, potential wrongful death COVID infection cases out there for plaintiffs personal injury lawyers. Why don’t you think lawyers are out there advertising for them like they are for 18 wheeler injuries and deaths?
 
By the way, I’m not just saying this as some asshole on surly. I’m (also) saying this as a board certified personal injury lawyer who has personally recovered over $35 million for my clients in the last 10 years and has all the little awards like Super Lawyer, Top 100, etc. If you get Covid, don’t call me.
 
 
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What if I get covid and get in an auto accident that wasn’t my fault?
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5 hours ago, Sejjr said:

Fuckin A'...Bob brings the hammer!

Should be pinned to the top of every covid thread. We're 5+ months in, shouldn't we have heard about a COVID lawsuit or two that actually has a chance to stick? Meatpackers, Amazon? Yet you can't read/watch CFB coverage without someone mentioning fear of lawsuits.

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12 hours ago, Cornfusion said:

You might be right.  All of those Michigan players look and sound alike to me.  Throw 'em in a sack, shake 'em up and pull one out, they are all the same.

Is that you, govnuh?

"You can take all the Democratic candidates for President and all the Republican candidates for President. Put them in a sack and shake them up. Take the first one that falls out, grab him by the nape of the neck, and put him right back in the sack. Because there is not a dime's worth of difference in any of them."  

GEORGE WALLACE, CAMPAIGN SPEECH 1968

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No. I’m not. Do the research. I don’t do TV. I’m a lawyer who doesn’t need directions to the courthouse.

My rant last night also left off the issue of public universities, since some of these schools are private. Public universities have an extra layer of protection, deriving from their sovereign immunity, which in most states likely prevents these types of suits from being pursued against them at all, even if you could prove proximate cause.

And then there’s assumption of the risk.


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24 minutes ago, Bartles said:

Should be pinned to the top of every covid thread. We're 5+ months in, shouldn't we have heard about a COVID lawsuit or two that actually has a chance to stick? Meatpackers, Amazon? Yet you can't read/watch CFB coverage without someone mentioning fear of lawsuits.

No idea if they will “stick” but a number of meat processors and OSHA are being sued over COVID..

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38 minutes ago, Bob Lives! said:

No. I’m not. Do the research. I don’t do TV. I’m a lawyer who doesn’t need directions to the courthouse.

My rant last night also left off the issue of public universities, since some of these schools are private. Public universities have an extra layer of protection, deriving from their sovereign immunity, which in most states likely prevents these types of suits from being pursued against them at all, even if you could prove proximate cause.

And then there’s assumption of the risk.


 

You forgot The Rule in Shelley’s Case. Are you really a lawyer?

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50 minutes ago, Bob Lives! said:

No. I’m not. Do the research. I don’t do TV. I’m a lawyer who doesn’t need directions to the courthouse.

My rant last night also left off the issue of public universities, since some of these schools are private. Public universities have an extra layer of protection, deriving from their sovereign immunity, which in most states likely prevents these types of suits from being pursued against them at all, even if you could prove proximate cause.

And then there’s assumption of the risk.


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You make very good points. The only thing i have to say is that covid hasnt really been around long enough for us to be able to see a successful covid suit. I would imagine a successful covid lawsuit in this situation to involve being able to prove that somebody hid or faked test results in order to have certain players on the field. I don't really trust the people running these college programs to not try and pull some crap like that so i would hope there could be a lot of organization and oversight behind the testing.

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8 hours ago, Bob Lives! said:

I’m (also) saying this as a board certified personal injury lawyer who has personally recovered over $35 million for my clients in the last 10 years and has all the little awards like Super Lawyer, Top 100, etc. If you get Covid, don’t call me.

 

 

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Pffff....I've seen the ads. Thomas J Henry calls that a Wednesday.

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1 hour ago, Bob Lives! said:

Public universities have an extra layer of protection, deriving from their sovereign immunity,

I was trounced pretty hard (I suppose rightfully so) for suggesting that A&M might, or might not, have sovereign immunity as implied in the bonfire diaster. It turned, after I 'looked it up myself' that they ended up settling for a seven figure amount. This does not bode well for similar cases if contact tracing tracks an infection spread right through a football game/practice. The problem isn't that you couldn't nail down a specific starting point. The problem is that if there is anybody along that contact path that is seen to have a lot of money (conferences, universities, NCAA, coaches and AD's), enough to pay for medical expenses and such, then they are the ones who get named in the suit.

And the bigger problem here is that it isn't just players/coaches/staff. It's anybody they've had contact with and so on who gets infected and subsequently is hospitalized and/or dies. The number of people on that class action threatens to be geometrically larger than would be the case if it was just those directly involved in the competition. And I'm fairly certain that a larger number of plaintiffs gives a lot more credibility to a class action moving forward. I believe this is what has scared the Big Ten and Pac. What this means for the Big XII, SEC and ACC, I'm not sure.

Just so we're clear, FULL DISCLAIMER: I'm hell and far away from being a lawyer, not even an internet one.

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3 minutes ago, ouflak said:

I was trounced pretty hard (I suppose rightfully so) for suggesting that A&M might, or might not, have sovereign immunity as implied in the bonfire diaster. It turned, after I 'looked it up myself' that they ended up settling for a seven figure amount. This does not bode well for similar cases if contact tracing tracks an infection spread right through a football game/practice. The problem isn't that you couldn't nail down a specific starting point. The problem is that if there is anybody along that contact path that is seen to have a lot of money (conferences, universities, NCAA, coaches and AD's), enough to pay for medical expenses and such, then they are the ones who get named in the suit.

And the bigger problem here is that it isn't just players/coaches/staff. It's anybody they've had contact with and so on who gets infected and subsequently is hospitalized and/or dies. The number of people on that class action threatens to be geometrically larger that would be the case if it was just those directly involved in the competition. And I'm fairly certain number of plaintiffs gives a lot more credibility to a class action moving forward. I believe this is what has scared the Big Ten and Pac. What this means for the Big XII, SEC and ACC, I'm not sure.

So your argument is that everyone in the USA that caught Covid has a class action lawsuit against someone with deep pockets.  Well fuck.  

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1 minute ago, lemonandaturd said:

So your argument is that everyone in the USA that caught Covid has a class action lawsuit against someone with deep pockets.  Well fuck.  

No. Not really an argument. My opinion of the concerns of a few of those who are percieved to have deep pockets i.e, PAC-12, Big Ten, the universities, etc.... I really have no idea how or if contract tracing will ever be used as evidence in a lawsuit. Has that ever happened?

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Ignore this crap about personal injury lawsuits from Covid. It isn’t happening. It comes from a place of ignorance and fear, or worse, insurance industry propaganda.
 
Lawsuits alleging negligent spread of Covid are few and far between. I know of one, and I’m sure it will not be successful. It will probably be dismissed and when it is, it won’t get 1/100th the headlines it got when it was filed. Only in the rarest of cases will these actually be viable lawsuits. You’ll need some special circumstances likely involving isolation of the infected prior to infection. I can think of a few cases that might be viable, such as a sleep-away summer camp or private boarding school that ignored warnings signs and did not take basic precautions, but even those cases will have steep hurdles most claims still can’t clear. Not only would you have to prove that a school or business breached their duty to limit the spread of the virus by exercising ordinary care, whatever that means in this instance, you also will have to prove proximate cause.
 
Proving proximate cause means proving you got Covid as a result of that breach of the duty to exercise ordinary care. And you’ll need medical evidence. How exactly are most people with Covid going to do that? How can they prove the exact place where they got Covid? Is football practice the only place they have been around any other person? Is the air they breathe at football practice the only air they’ve breathed? Obviously not. Show me a scientific way to prove where you got the Covid specifically, because that is exactly what you’re going to need. You are going to need to prove based upon a reasonable degree of medical probability that your Covid came from the school’s breach of proper Covid protocols. That night you fucked your girlfriend? That restaurant you went to? The grocery store you went to? When you went to visit your parents? When you stopped at a gas station? The time you picked up drive-thru? How do you know your Covid came from the school and not from any of that? How do you prove the link? You don’t.
 
Don’t believe me? Go do a Google search real quick for “Covid personal injury lawyer.” You will find lawyer websites in your search results, but what you won’t find is many lawyers looking to represent you for your Covid infection. You’ll find Lawyers looking for business interruption cases (business loss insurance claims). You’ll find defense firms looking to offer Covid advice. You’ll find personal injury law firms advising you that they are still open for business and are taking Covid precautions. You won’t find many lawyers looking to represent people who have Covid infections against places where they allegedly got infected. You will find zero on your first page of Google search results. I found one on page 3, if you can call it one at all. https://bernsteininjurylaw.com/blog/does-covid-19-constitute-a-personal-injury-claim/ It basically explains why you probably don’t have a case, as I just did above.
 
Now, go do a Google search real quick for “18 wheeler personal injury lawyer.” Take a look at how many hundreds of law firms are itching to take your injury cases. None will explain to you why you probably don’t have a case. All will explain to you that you should call them ASAP for a free consultation. There are over 150,000 supposed, potential wrongful death COVID infection cases out there for plaintiffs personal injury lawyers. Why don’t you think lawyers are out there advertising for them like they are for 18 wheeler injuries and deaths?
 
By the way, I’m not just saying this as some asshole on surly. I’m (also) saying this as a board certified personal injury lawyer who has personally recovered over $35 million for my clients in the last 10 years and has all the little awards like Super Lawyer, Top 100, etc. If you get Covid, don’t call me.
 
 
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Humblebrag game on point, 12/10.
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The only benefit to playing this season is the inevitable trainwreck, lawsuits, and destruction of the NCAA that will result. In the end, football will eventually come back, thinned down to the 50 teams that matter.  aggy and their ilk relegated to a history book no one is interested in reading.

 

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40 minutes ago, ouflak said:

No. Not really an argument. My opinion of the concerns of a few of those who are percieved to have deep pockets i.e, PAC-12, Big Ten, the universities, etc.... I really have no idea how or if contract tracing will ever be used as evidence in a lawsuit. Has that ever happened?

The Dupont case semi-fictionalized in last year's film Dark Waters is in that ballpark. Anyone developing a condition (cancer) related to drinking water in that community could join the suit. But it took years to play out, many plaintiffs never got paid and the company plows forward to this day. The worldwide virus COVID seems like a much higher hurdle to clear in terms of liability than a single company provably poisoning a drinking supply.

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25 minutes ago, gmr548 said:
9 hours ago, Bob Lives! said:
Ignore this crap about personal injury lawsuits from Covid. It isn’t happening. It comes from a place of ignorance and fear, or worse, insurance industry propaganda.
 
Lawsuits alleging negligent spread of Covid are few and far between. I know of one, and I’m sure it will not be successful. It will probably be dismissed and when it is, it won’t get 1/100th the headlines it got when it was filed. Only in the rarest of cases will these actually be viable lawsuits. You’ll need some special circumstances likely involving isolation of the infected prior to infection. I can think of a few cases that might be viable, such as a sleep-away summer camp or private boarding school that ignored warnings signs and did not take basic precautions, but even those cases will have steep hurdles most claims still can’t clear. Not only would you have to prove that a school or business breached their duty to limit the spread of the virus by exercising ordinary care, whatever that means in this instance, you also will have to prove proximate cause.
 
Proving proximate cause means proving you got Covid as a result of that breach of the duty to exercise ordinary care. And you’ll need medical evidence. How exactly are most people with Covid going to do that? How can they prove the exact place where they got Covid? Is football practice the only place they have been around any other person? Is the air they breathe at football practice the only air they’ve breathed? Obviously not. Show me a scientific way to prove where you got the Covid specifically, because that is exactly what you’re going to need. You are going to need to prove based upon a reasonable degree of medical probability that your Covid came from the school’s breach of proper Covid protocols. That night you fucked your girlfriend? That restaurant you went to? The grocery store you went to? When you went to visit your parents? When you stopped at a gas station? The time you picked up drive-thru? How do you know your Covid came from the school and not from any of that? How do you prove the link? You don’t.
 
Don’t believe me? Go do a Google search real quick for “Covid personal injury lawyer.” You will find lawyer websites in your search results, but what you won’t find is many lawyers looking to represent you for your Covid infection. You’ll find Lawyers looking for business interruption cases (business loss insurance claims). You’ll find defense firms looking to offer Covid advice. You’ll find personal injury law firms advising you that they are still open for business and are taking Covid precautions. You won’t find many lawyers looking to represent people who have Covid infections against places where they allegedly got infected. You will find zero on your first page of Google search results. I found one on page 3, if you can call it one at all. https://bernsteininjurylaw.com/blog/does-covid-19-constitute-a-personal-injury-claim/ It basically explains why you probably don’t have a case, as I just did above.
 
Now, go do a Google search real quick for “18 wheeler personal injury lawyer.” Take a look at how many hundreds of law firms are itching to take your injury cases. None will explain to you why you probably don’t have a case. All will explain to you that you should call them ASAP for a free consultation. There are over 150,000 supposed, potential wrongful death COVID infection cases out there for plaintiffs personal injury lawyers. Why don’t you think lawyers are out there advertising for them like they are for 18 wheeler injuries and deaths?
 
By the way, I’m not just saying this as some asshole on surly. I’m (also) saying this as a board certified personal injury lawyer who has personally recovered over $35 million for my clients in the last 10 years and has all the little awards like Super Lawyer, Top 100, etc. If you get Covid, don’t call me.
 
 
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Humblebrag game on point, 12/10.

Except not at all

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2 hours ago, Bartles said:

Should be pinned to the top of every covid thread. We're 5+ months in, shouldn't we have heard about a COVID lawsuit or two that actually has a chance to stick? Meatpackers, Amazon? Yet you can't read/watch CFB coverage without someone mentioning fear of lawsuits.

I assume both groups are covered by workers comp, which would prevent them from recovering damages from their employers for work-related injuries.

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Hypothetical....

Let's say the SEC is the only league that plays, and God forbid a kid dies.  Let's say that research shows that players in the SEC were more likely to get Covid than players in all the other conferences that decided to shut things down.  Y'all don't think there's an increased liability for the one conference that decided to go against the grain?

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17 minutes ago, Bartles said:

The Dupont case semi-fictionalized in last year's film Dark Waters is in that ballpark. Anyone developing a condition (cancer) related to drinking water in that community could join the suit. But it took years to play out, many plaintiffs never got paid and the company plows forward to this day. The worldwide virus COVID seems like a much higher hurdle to clear in terms of liability than a single company provably poisoning a drinking supply.

Trying not to be silly here, but was the cancer contagious to anybody those people later came into contact with? I mean in that case, you're liability is really only limited to those who drank that water and noone else. But a highly contagious disease that can spread to people who were nowhere near the original source (in this case China)?  I think Bob has an argument in that it's impossible to specifiy the exact source. But a hypothetical legal argument might be that: Since what is actually and clearly traceable was traced directly through a football game, if the football game hadn't been played, the path would have been broken there and there would have been no further spead to my family, friends and loved ones (weeping tears). That could be several orders of magnitude more people that were in the (big money) part of the path in the contract trace that is the foundation for the lawsuit. I just wonder if we aren't dealing with yet another aspect to all of this that is unprecedented.

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Just now, ouflak said:

Trying not to be silly here, but was the cancer contagious to anybody those people later came into contact with? I mean in that case, you're liability is really only limited to those who drank that water and noone else. But a highly contagious disease that can spread to people who were nowhere near the original source (in this case China)?  I think Bob has an argument in that it's impossible to specifiy the exact source. But a hypothetical legal argument might be that: Since what is actually and clearly traceable was traced directly through a football game, if the football game hadn't been played, the path would have been broken there and there would have been no further spead to my family, friends and loved ones (weeping tears). That could be several orders of magnitude more people that were part of the path in the contract trace.

I think a major point is assumption of risk. If my only source of public water is the water from my sink and I am being told that water is fine then I have not assumed risk. (Dupont issue)

There is next to no way that anyone trying to attend a football game in the fall will not fully be made aware (cannot imagine many scenarios where they aren't already) of the risks they are taking on in attending. Even someone trying to claim it's all a hoax made up by liberals etc don't have a leg to stand on as they are clearly assuming the risk due to their lack of all rational thinking.

 

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5 minutes ago, Don Johnson said:

Hypothetical....

Let's say the SEC is the only league that plays, and God forbid a kid dies.  Let's say that research shows that players in the SEC were more likely to get Covid than players at all the other conferences that decided to shut things down.  Y'all don't think there's an increased liability for the one conference that decided to go against the grain?

Do the kids who end up paralyzed hold the schools liable?   Asking for a friend.

I'd imagine unless they're forcing the kids to eat Covid cereal and working out in 102 fevers to lose weight while being sexually assaulted by Big Ten medical staff, that most lawsuits would be difficult, especially when you didn't have to compete and could have kept eligibility.

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1 minute ago, BrazilHorn said:

I think a major point is assumption of risk. If my only source of public water is the water from my sink and I am being told that water is fine then I have not assumed risk. (Dupont issue)

There is next to no way that anyone trying to attend a football game in the fall will not fully be made aware (cannot imagine many scenarios where they aren't already) of the risks they are taking on in attending. Even someone trying to claim it's all a hoax made up by liberals etc don't have a leg to stand on as they are clearly assuming the risk due to their lack of all rational thinking.

 

That's a great point. So if you're the lawyers for the Big Ten and PAC, are you figuring you just don't want to fight the class action suit, even for a survivable settlement. If you're the lawyers for the Big XII, SEC, ACC, are you figuring you'll fight the class action suit to the Supreme Court and win, and that's assuming it doesn't get thrown out?

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