UNLV starting QB: fuck this shit, I'm outta here (check bounced)

[EastHorn 287]

4 hours ago, royiv said:

I don’t think anyone has thought “I ought to go down to Lamborghini of Austin and pick up a new Lambo” because they saw a Texas football player driving one.

Nope but when you are just a money laundering front a few players on pay role helps.

[Beau Vine 55859]

46 minutes ago, 52-80 said:

You’d have figured that kid would be taller  

What, the old giraffes-eating-leaves natural selection?

[CurlyDumps 4650]

31 minutes ago, TreatyOak said:

...renig?

 

[Magus Ossis 2997]

47 minutes ago, ztejas said:

You also don't quit getting game checks in the NFL if you tear your ACL. 

Y'all are cracking me up in here. 

That’s great. There are now contracts that protect players in case of injury. How about addressing the issue of players receiving payments with the express understanding that they will not be playing as I also referenced.

 

EDIT also, what about all the contracts where there is a more commercial benefit for the people paying for the NL? Is that paid to play?

Edited September 25 by Magus Ossis

[ztejas 44223]

2 minutes ago, Magus Ossis said:

How about addressing the issue of players receiving payments with the express understanding that they will not be playing as I also referenced.

Depth matters. A lot, actually. 

So what you don't get in the game. You're still on the team. You're still at practice. You're still lifting weights and staying in shape. You're still going against 1s and 2s and helping them get better. 

How much were backs #3-#6 supposed to play for Texas before #1 and #2 went down in a flash?

There are guys on NFL 53s that don't record a snap every single week. You're telling me they aren't being paid to play football? Horseshit. 

[Blotto 24011]

4 hours ago, Beau Vine said:

I am morally obligated to post pics of Jose Lima's wife whenever he's mentioned:

 

 

1 hour ago, 52-80 said:

You’d have figured that kid would be taller  

All I can figure is that drinking copious quantities of milk straight from the tap until the age of 20 must stunt your growth.

[mr. sunshine 2859]

So the unlimited week old shrimp buffet deal didn't work out 

[Topper13 3620]

 

[Wiler77 1628]

Kid turned into 6'2" offensive lineman and pitcher for his HS baseball team.

https://www.chron.com/sports/astros/article/Astros-special-place-heart-Jose-Lima-Jr-Junior-14518991.php

I had forgotten Limatime died at age 37.  Fuck me, that's young.  His son was 11.

Edit to add I'm talking specifically about Jose Lima Jr.

Wikipedia states only the following sentence on his personal life: Lima had at least six children with at least six different mothers. He was married twice

Edited September 26 by Wiler77
Lima was a rolling stone

[DanTheHorn 5079]

3 hours ago, Texzilla58 said:

What’s a promise or commitment here?  The issue is that there should be agents and counsel allowed, and standard contracts.  Nil can’t be a “handshake” situation.  So I want to see what his nil contract looks like.  Otherwise this kid probably heard one thing instead of what was said.

Can't sign a contract before enrolling. Chicken and egg issue because of stupid NCAA rules. The stupid rules exist because NCAA wanted to keep the status quo and it blew up in their face with litigation loses.

 

[Dark Horse 2422]

31 minutes ago, Wiler77 said:

Kid turned into 6'2" offensive lineman and pitcher for his HS baseball team.

https://www.chron.com/sports/astros/article/Astros-special-place-heart-Jose-Lima-Jr-Junior-14518991.php

I had forgotten Limatime died at age 37.  Fuck me, that's young.  His son was 11.

Edit to add I'm talking specifically about Jose Lima Jr.

Wikipedia states only the following sentence on his personal life: Lima had at least six children with at least six different mothers. He was married twice

Also got sued for knowingly giving someone herpes

https://www.chron.com/sports/astros/article/Herpes-victim-wins-475-000-from-ex-Astro-Lima-1978869.php

[ButtFumble 5286]

if FSU was smart they would get "agent cromarti" to whisper to dj unlunglaliiai that he can make a lot better money elsewhere

[DanTheHorn 5079]

5 hours ago, The Earl of Texas said:

 

They have been delivering since the mid-2000's that is how they became the #1 conference.

[Magus Ossis 2997]

Some people are so insightful that they can discern PfP when a commercial benefit independent of interest in the well being of the team motivates NIL. They are so insightful that they can tell the person making the deal himself, e.g., immamac, what that person is thinking and doing. They can discern PfP when playing is neither anticipated nor observed during the contract year. We should listen to them. Or maybe NIL very frequently functions like PfP without actually being it. Logical distinctions are tricky. Broad brushes are easy.

[TreatyOak 17338]

1 hour ago, CurlyDumps said:

...renig?

 

[ztejas 44223]

13 minutes ago, TreatyOak said:

It's true. I have the receipts.

[royiv 9776]

Imma can’t make any acknowledgment, even in the abstract, that NIL has anything to do with pay for play or even pay for being able to play because that’s currently verboten. He’s smart to argue that NIL has nothing to do with a player’s ability. Acknowledging otherwise would be a problem for a booster that has an NIL deal. Imagine the blowback if he said otherwise.

[Mack Tripper 708]

 

Edited September 26 by Mack Tripper

[TOR 6123]

6 hours ago, Beau Vine said:

I am morally obligated to post pics of Jose Lima's wife whenever he's mentioned:

 

LIMA TIME!

1 hour ago, Blotto said:

 

All I can figure is that drinking copious quantities of milk straight from the tap until the age of 20 must stunt your growth.

not sure if can fap to this ...

[Beau Vine 55859]

5 minutes ago, TOR said:

LIMA TIME!

not sure if can fap to this ...

[Sbbruin 22142]

4 hours ago, Hornius Emeritus said:

 

 

 

 

 

 

 

22. 22.  C’mon 22!

[markstanco 12785]

 

lol, that post is almost 24 hours old.

Do the we landed on the moon post next.

[royiv 9776]

2 minutes ago, markstanco said:

lol, that post is almost 24 hours old.

Do the we landed on the moon post next.

[89Horn 1736]

3 hours ago, BurntEyes said:

That's a shitty university man, and I have it on good authority those racist mother fuckers never even heard of Jobu.

Hey, I don’t vouch the university.  Although, surprisingly I hear they have a very good marine biology program.  Who knew?

[staboner 5084]

those are some nice tits up there ^

 

[Da Fino 2820]

9 hours ago, royiv said:

It feels like a lot of semantics being thrown around on this thread, so not to pile on to that, but I think it boils down to they aren’t getting paid to play football, but they are getting paid because they do play football.

It goes back to the point that people keep trying to make of why doesn’t random EE major non-athlete get signed to a deal from a NIL collective. Welp, they don’t play football.

I don’t think there are any good reasons to belay immac to the definitions here. You guys are arguing over the wrong thing. 

[Da Fino 2820]

4 hours ago, EastHorn said:

Nope but when you are just a money laundering front a few players on pay role helps.

Let’s hear more from this safe-cracker. 

[MonkeyDoughnut 10803]

2 hours ago, Mack Tripper said:

 

Lol. More money than zero?  

[Kwix 2497]

7 minutes ago, MonkeyDoughnut said:

Lol. More money than zero?  

Come on, they had paid him $3k.

[ROFL BOX 6655]

16 hours ago, ChiTownDoc said:

You had me at sooner!

[ROFL BOX 6655]

2 hours ago, Da Fino said:

Let’s hear more from this safe-cracker. 

He's holding out for French Benefits.

[redswingline 1124]

4 hours ago, DanTheHorn said:

They have been delivering since the mid-2000's that is how they became the #1 conference.

Roll that back a decade, at least.

https://www.youtube.com/watch?v=1gbWrn4f7KE

[notre dame joe 205]

On 9/23/2024 at 5:58 PM, Lonestar88 said:

This is a soap opera.

 

20 hours ago, Degenerate Gardner said:

NFL owners will embrace this as if he’s a less skilled Colin Kaepernick.

In what round will he be drafted by Deon?

[DigglerontheHoof 21548]

19 hours ago, horn009 said:

A simple solution, though it will likely never happen, would be for the NFL to allow 18-year-olds to be draft eligible. If a player thinks that they're worth millions of dollars straight out of high school, they should be able to go play in the NFL if they want to. It would help filter out the players that are only playing college football for the sake of getting a payday and nothing else. 

Some form of this might happen but, like NCAA basketball, it will cripple cfb.  Not a fan of the idea. 

[Evil Bill Obrien 3510]

14 hours ago, 52-80 said:

 

/Thread
 

[closetohumping 17803]

Don’t hate the player hate the game right.  
 

['stache 22131]

Pay up front or escrow til the end of the season. Otherwise week 3 becomes the regular pay up date I guess. 

[Francisco 2.0 32585]

https://www.sportico.com/law/analysis/2024/matthew-sluka-unlv-nil-contract-1234798711/

 

Quote

There’s no shortage of disagreements that stem from two people thinking they agreed on something during a conversation only to later disagree about that thing. 

Sometimes the argument involves parents and a child. Sometimes it’s between a boss and an employee. Sometimes two spouses are certain they are remembering a conversation yet completely disagree about what was said.

 

Quote

As shown Wednesday, nowadays a disputed recollection can concern a college football player and his school over an arrangement to pay him to attend that school to play football for use of his name, image and likeness.

As Sportico’s Eben Novy-Williams detailed, UNLV starting quarterback Matthew Sluka announced on social media he will no longer play for the undefeated Rebels. Sluka reportedly agreed to transfer from College of the Holy Cross to UNLV last year at least in part because of an oral promise from UNLV offensive coordinator Brennan Marion that Sluka would be paid $100,000. The money would apparently be paid by a UNLV-tied collective, Friends of UNILV. 

 

Quote

Long story short: Sluka says he hasn’t been paid the $100,000. There are other details, but from a legal perspective, a key issue is whether an alleged promise not in writing is enforceable.

Even the firmest of handshakes and clearest of recollections are no substitutes for a written document. 

 

Spoiler

Yet oral contracts are often enforceable when the necessary elements for contract formation are proven. Those elements include offer, acceptance, consideration (each side promises to do something of value), meeting of the minds, clear terms and that the parties have legal capacity to enter into a deal. 

But some contracts must be in writing. Under Nevada law, as is the case in other states, oral contracts are generally unenforceable if they can’t be performed in one year.

If Sluka were to attempt to enforce the oral agreement, he would present the strongest case if he could provide sworn testimony from witnesses that they too viewed it as a $100,000 offer where Sluka, by attending UNLV, accepted and would be paid ostensibly for his NIL. He would also want the deal to be understood to only involve Sluka’s time at UNLV during the 2024-25 academic year (and thus the deal would be performed in under a year). Any accompanying texts, direct messages, emails or other evidence would also help show that his case is more than his word versus the coach.

But the situation is complicated by the fact that pay-for-play is technically unauthorized under NCAA rules. Although many NIL deals appear to be pay-for-play arrangements under the guise of NIL—which is supposed to reflect use of an athlete’s right of publicity, such as in an endorsement deal—the NCAA stopped enforcing relevant rules for the time being. That happened in March after U.S. District Judge Clifton Corker barred the NCAA from enforcing rules that prohibit college athletes and recruits from negotiating compensation for NIL with collectives and boosters.

If Sluka has partaken in NIL-related activities in furtherance of his $100,000 deal, he would have a more compelling argument that the money was for NIL. But if the deal was really just payment to play at UNLV, a court could find it unenforceable on grounds of public policy in that it defies an athlete and school’s membership obligations to the NCAA.

There’s also the issue of capacity to enter into a contract. According to an ESPN report, Sluka’s dad, Bob Sluka, claims that UNLV head coach Barry Odom told him the offer was invalid since it didn’t come from Odom—thus suggesting his assistant coaches lacked the capacity to act on his behalf. It’s also unclear that a coach could enter into a contract on behalf of a collective, to the extent the collective would be the payer. 

Sluka, however, would have counter arguments. He could stress that under NCAA Division I Bylaw 11, head coaches are presumed responsible for the actions of assistant coaches and others who report to the coach and can be held accountable for their violations. Sluka might contend Odom can’t extinguish the school’s responsibility by claiming only the head coach can enter into a deal or that the collective must be the negotiator. However, Odom would likely respond that an NCAA bylaw on head coach responsibility should not be the test for enforceability of an NIL contract. Whether Odom’s assistant coaches have a practice of negotiating NIL deals would be a key fact.

Even if Sluka can’t prove there was an enforceable contract, he could argue detrimental reliance, promissory estoppel and related claims. The gist: he relied to his detriment on a $100,000 promise and the school should not be let off the hook. 

However, those types of claims are often difficult to prove, especially if a court believes the plaintiff could have, and should have, gotten the promise in writing. A court might conclude that a reasonable person would want a $100,000 agreement to change schools and relocate from Worcester, Mass., to Las Vegas to be in writing and that it would be unreasonable to accept an oral promise.

In a statement, UNLV insists it has acted properly and that it rejected alleged demands by Sluka’s representatives for payment for “the university and its NIL collective in order to continue playing.” The school said if it accepted those demands it would cause “a violation of the NCAA pay-for-play rules, as well as Nevada state law.” 

Attorney Tom Mars, who has represented major college coaches and athletes in NCAA-related legal matters it seems Sluka may have been ill-advised.

“If Sluka was represented by a lawyer who advised him to rely on a verbal promise,” Mars said in a text message, “he’s probably holding all the cards if he files a legal malpractice lawsuit.” 

Mars also surmised the reported negotiations to secure Sluka seem strikingly unsophisticated. “You don’t make a six-figure NIL deal the way you’d run a Kool-Aid stand,” he noted.

The controversy arises at an interesting time for the NCAA. The association’s proposed settlement to resolve the House, Carter and Hubbard antitrust litigations encountered rebuke earlier this month from U.S. District Judge Claudia Wilken. She observed that the settlement’s attempt to exert control over NIL could chill a marketplace that has generated commercial opportunities for athletes. Likewise, Wilken expressed skepticism, based on what she has read about NIL, that NIL deals can be sensibly distinguished as “real” versus “fake” NIL. Wilken has given the parties until Thursday to submit a revised framework. 

The Sluka matter seems to corroborate Wilken’s underlying point that NIL appears to mean whatever a school and athlete want it to mean and that, through its actions, the college sports industry has accepted a pay-for-play world.

 

[Doc Daneeka 6793]

18 hours ago, Beau Vine said:

I am morally obligated to post pics of Jose Lima's wife whenever he's mentioned:

 

JFC, Bruce Campbell should have such a chin. 

[Pokoloco 1298]

9 hours ago, ROFL BOX said:

He's holding out for French Benefits.

Trixie? This you??

[nnm 37896]

1 hour ago, Francisco 2.0 said:

https://www.sportico.com/law/analysis/2024/matthew-sluka-unlv-nil-contract-1234798711/

 

 

 

 

  Hide contents

Yet oral contracts are often enforceable when the necessary elements for contract formation are proven. Those elements include offer, acceptance, consideration (each side promises to do something of value), meeting of the minds, clear terms and that the parties have legal capacity to enter into a deal. 

But some contracts must be in writing. Under Nevada law, as is the case in other states, oral contracts are generally unenforceable if they can’t be performed in one year.

If Sluka were to attempt to enforce the oral agreement, he would present the strongest case if he could provide sworn testimony from witnesses that they too viewed it as a $100,000 offer where Sluka, by attending UNLV, accepted and would be paid ostensibly for his NIL. He would also want the deal to be understood to only involve Sluka’s time at UNLV during the 2024-25 academic year (and thus the deal would be performed in under a year). Any accompanying texts, direct messages, emails or other evidence would also help show that his case is more than his word versus the coach.

But the situation is complicated by the fact that pay-for-play is technically unauthorized under NCAA rules. Although many NIL deals appear to be pay-for-play arrangements under the guise of NIL—which is supposed to reflect use of an athlete’s right of publicity, such as in an endorsement deal—the NCAA stopped enforcing relevant rules for the time being. That happened in March after U.S. District Judge Clifton Corker barred the NCAA from enforcing rules that prohibit college athletes and recruits from negotiating compensation for NIL with collectives and boosters.

If Sluka has partaken in NIL-related activities in furtherance of his $100,000 deal, he would have a more compelling argument that the money was for NIL. But if the deal was really just payment to play at UNLV, a court could find it unenforceable on grounds of public policy in that it defies an athlete and school’s membership obligations to the NCAA.

There’s also the issue of capacity to enter into a contract. According to an ESPN report, Sluka’s dad, Bob Sluka, claims that UNLV head coach Barry Odom told him the offer was invalid since it didn’t come from Odom—thus suggesting his assistant coaches lacked the capacity to act on his behalf. It’s also unclear that a coach could enter into a contract on behalf of a collective, to the extent the collective would be the payer. 

Sluka, however, would have counter arguments. He could stress that under NCAA Division I Bylaw 11, head coaches are presumed responsible for the actions of assistant coaches and others who report to the coach and can be held accountable for their violations. Sluka might contend Odom can’t extinguish the school’s responsibility by claiming only the head coach can enter into a deal or that the collective must be the negotiator. However, Odom would likely respond that an NCAA bylaw on head coach responsibility should not be the test for enforceability of an NIL contract. Whether Odom’s assistant coaches have a practice of negotiating NIL deals would be a key fact.

Even if Sluka can’t prove there was an enforceable contract, he could argue detrimental reliance, promissory estoppel and related claims. The gist: he relied to his detriment on a $100,000 promise and the school should not be let off the hook. 

However, those types of claims are often difficult to prove, especially if a court believes the plaintiff could have, and should have, gotten the promise in writing. A court might conclude that a reasonable person would want a $100,000 agreement to change schools and relocate from Worcester, Mass., to Las Vegas to be in writing and that it would be unreasonable to accept an oral promise.

In a statement, UNLV insists it has acted properly and that it rejected alleged demands by Sluka’s representatives for payment for “the university and its NIL collective in order to continue playing.” The school said if it accepted those demands it would cause “a violation of the NCAA pay-for-play rules, as well as Nevada state law.” 

Attorney Tom Mars, who has represented major college coaches and athletes in NCAA-related legal matters it seems Sluka may have been ill-advised.

“If Sluka was represented by a lawyer who advised him to rely on a verbal promise,” Mars said in a text message, “he’s probably holding all the cards if he files a legal malpractice lawsuit.” 

Mars also surmised the reported negotiations to secure Sluka seem strikingly unsophisticated. “You don’t make a six-figure NIL deal the way you’d run a Kool-Aid stand,” he noted.

The controversy arises at an interesting time for the NCAA. The association’s proposed settlement to resolve the House, Carter and Hubbard antitrust litigations encountered rebuke earlier this month from U.S. District Judge Claudia Wilken. She observed that the settlement’s attempt to exert control over NIL could chill a marketplace that has generated commercial opportunities for athletes. Likewise, Wilken expressed skepticism, based on what she has read about NIL, that NIL deals can be sensibly distinguished as “real” versus “fake” NIL. Wilken has given the parties until Thursday to submit a revised framework. 

The Sluka matter seems to corroborate Wilken’s underlying point that NIL appears to mean whatever a school and athlete want it to mean and that, through its actions, the college sports industry has accepted a pay-for-play world.

 

Decent legal analysis in the spoiler.  TLDR:  A contract doesn't have to be in writing to be enforceable (with some notable exceptions like for the purchase of property, and this is not one of those).  If the OC had the capacity to bind the collective, and/or if Sluka reasonably believed that he had the capacity, then the promise is probably enforceable.   

There are also other equitable theories that Sluka could take advantage of. 

Sluka should find a plaintiff's counsel to take this on.  Plenty would be willing to for a 1/3 to 40% contingency. 

[Horn of Gabriel 1886]

3 minutes ago, nnm said:

Decent legal analysis in the spoiler.  TLDR:  A contract doesn't have to be in writing to be enforceable (with some notable exceptions like for the purchase of property, and this is not one of those).  If the OC had the capacity to bind the collective, and/or if Sluka reasonably believed that he had the capacity, then the promise is probably enforceable.   

There are also other equitable theories that Sluka could take advantage of. 

Sluka should find a plaintiff's counsel to take this on.  Plenty would be willing to for a 1/3 to 40% contingency. 

I guess if he's ready to retire from football?  For a potential win of...$60K?  He's good enough to go back down to FCS and play again, but that ends when you start suing the school, coaches, or university adjacent entities like the collective.

[JBJ 3817]

2 minutes ago, nnm said:

Decent legal analysis in the spoiler.  TLDR:  A contract doesn't have to be in writing to be enforceable (with some notable exceptions like for the purchase of property, and this is not one of those).  If the OC had the capacity to bind the collective, and/or if Sluka reasonably believed that he had the capacity, then the promise is probably enforceable.   

There are also other equitable theories that Sluka could take advantage of. 

Sluka should find a plaintiff's counsel to take this on.  Plenty would be willing to for a 1/3 to 40% contingency. 

The collective and Sluka / his agent never talked. You can't be bound to a contract because a 3rd party says you'll do something.

I'm going back to my first post on this that NCAA should suspend Sluka 1 year with loss of eligibility.  He's admitting to the whole world that he thought he was accepting an improper inducement.

[Horn of Gabriel 1886]

1 minute ago, JBJ said:

The collective and Sluka / his agent never talked. You can't be bound to a contract because a 3rd party says you'll do something.

I'm going back to my first post on this that NCAA should suspend Sluka 1 year with loss of eligibility.  He's admitting to the whole world that he thought he was accepting an improper inducement.

No he didn't.  He said "certain representations about opportunities" weren't met.  He can just say that they promised him that the offense would be more pass oriented and he wasn't given the ability to showcase his talent, or whatever.  If the collectives can say with a straight face that NIL isn't pfp and stand on the legalities of the contract while everyone knows the wink wink part in the background, no reason he can't too.  

[bad_teammate 13496]

2 hours ago, closetohumping said:

Don’t hate the player hate the game right.  
 

For the experts and lawyers, do the the upcoming changes (legalized pay-for-play) mean this will get cut out? i.e. - language in contracts saying that sitting out uninjured or even threatening to sit out for higher pay will lead to financial withholding or even penalties?

[immamac 44317]

4 minutes ago, bad_teammate said:

For the experts and lawyers, do the the upcoming changes (legalized pay-for-play) mean this will get cut out? i.e. - language in contracts saying that sitting out uninjured or even threatening to sit out for higher pay will lead to financial withholding or even penalties?

Yeah it'll be in line with the stipend/scholarship guidelines most likely. 

[immamac 44317]

Most of you do understand that these players get paid monthly by the school right? Like cash cash, not credits not room and board reimbursements. Straight ACH cash like a paycheck. 

This is on top of scholarship, they also get $25-30 bucks a day in bevo bucks to spend on food IIRC that's use it or lose it daily though. 

['stache 22131]

22 minutes ago, Horn of Gabriel said:

No he didn't.  He said "certain representations about opportunities" weren't met.  He can just say that they promised him that the offense would be more pass oriented and he wasn't given the ability to showcase his talent, or whatever.  If the collectives can say with a straight face that NIL isn't pfp and stand on the legalities of the contract while everyone knows the wink wink part in the background, no reason he can't too.  

All he has to say is that he was promised marketing opportunities worth $100K that didn't come through. As imma keeps pointing out, that's how these NIL contracts are written to comply with the rules. He didn't even have a contract here so he can transfer wherever the fuck he wants for any reason he wants.

Edited September 26 by 'stache

[closetohumping 17803]

No honor among thieves as they say 

[Horn of Gabriel 1886]

8 minutes ago, 'stache said:

All he has to say is that he was promised marketing opportunities worth $100K that didn't come through. As imma keeps pointing out, that's how these NIL contracts are written to comply with the rules. He didn't even have a contract here so he can transfer wherever the fuck he wants for any reason he wants.

The issue is that if he frames it that way as to why he's shutting it down it becomes pfp and basically puts a middle finger up to the NCAA.  Safer for him to frame the real reason for sitting as something else.  AKA lying.