**Official 2020 Iowa Hawkeye Football Offseason Thread**

Charles

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Fuck this sucks. Watching that video sucked. The one positive thought that came in my mind watching it was how fucking insane Kinnick is going to be when we can fill it up again.
 

douglasbader

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Iowa has zero.... zero.... incentive to settle. They would be better taking this to trial. It thankfully won't make it close to there and this will be rejected outright.
 

Brad Wesley

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Iowa has zero.... zero.... incentive to settle. They would be better taking this to trial. It thankfully won't make it close to there and this will be rejected outright.
Settling is typically the less expensive and damaging route, but not with this case. I think settling brands the program as racist and sinks the ship.
 

douglasbader

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So you didn't read the article? Because Mark Emmert wrote it.
No, I read it. I had Chad on my mind because I had read his "analysis" of everything after reading that article. He was already pushing for a settlement.
 

CurdMan

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Settling is typically the less expensive and damaging route, but not with this case. I think settling brands the program as racist and sinks the ship.
Agreed. And if you settle on the first one do you settle on the next one? Where does it end? Iowa has to fight it. I still don’t see Kirk as a bad guy in this, but with the lawsuit and Bruce retiring soon...he’s got an uphill battle.
 

eclone

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Can you post the story?
Here's the last section:

Settlement or trial? There's risk in both, and urgency for Iowa to clear this up
And so Newkirk hopes that meaningful change in the culture of Iowa’s athletic department is the result of whatever happens with this case. Both he and Gordon believe the university has no other option if it wants to clear its name and put this matter behind it.

“Can this be settled for a few million bucks plus actual positive changes? Probably,” Newkirk said. “But how can the university do that if it undermines the football program, if it leads to more lawsuits, if they have to fire Kirk regardless and pay out his contract?

"I don’t envy the lawyers for the University of Iowa trying to figure this out.”

Newkirk believes that may be too much for the Iowa administration to concede to. That’s why he thinks a trial is possible.

Gordon, on the other hand, contends a settlement is Iowa’s only real option. The weight of a racial-bias lawsuit, in a climate in which athletes are showing a willingness to publicly call out such mistreatment, would be too heavy for Ferentz to bear.

“It’s got to be an uphill battle to recruit African-American players to come there if this is an active part of the conversation. So every living-room conversation, he and his staff are going to have to explain why this is nothing,” Gordon said.

“If you’re in the household and you’ve got options, wouldn’t you choose the one that isn’t going through a major claim of 20 years of discrimination?”

On Monday, Jordan Oladokun, a Black defensive back from Florida, announced he was decommitting from Iowa, citing the racial climate in the program.

Gordon thinks Iowa could settle the case quietly. He believes the school could agree to make the structural changes the players are seeking and bargain down the dollar amount.

Newkirk sees that compromise as a possibility as well. But he thinks it would come at the price of someone’s job.

“They would have to add to that settlement a massive overhaul (of the football program) moving forward,” Newkirk said.

“And they’d have to have Ferentz be part of it and probably have Barta resign. The reason for them to settle it now is because they have one shot at keeping the momentum positive and not having this completely hang over their heads for two years. But they can’t just write a check and be done with it. They can’t just have platitudes.”
Newkirk is the DSM civil rights attorney that beat the pants off of the Iowa AG in the Jane Meyer and Tracey Griesbaum cases.

Gordon is a lawyer who specializes in investigations of college athletic departments and teaches at the University of Oregon
 

douglasbader

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Agreed. And if you settle on the first one do you settle on the next one? Where does it end? Iowa has to fight it. I still don’t see Kirk as a bad guy in this, but with the lawsuit and Bruce retiring soon...he’s got an uphill battle.
Where is this coming from? Chad and Mark both talking like this as well. How does Kirk have an uphill battle?

The 8 dipshit players led by Robert T. Green and repped by a attention whore lawyer have filed a frivolous lawsuit as everyone expected. I don't see what changed but everyone suddenly thinks Kirk is in trouble or Iowa is going to have to settle. Chad kept trying to equate it or compare it to the field hockey lawsuit. This has nothing to do with that and doesn't have any comparison.
 

newsbreaker

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The article doesn't say much. Newkirk is no dummy, but he's also a guy who just beat the university on a simlarish case. He may not be the most unbiased observer. The other guy didn't seem to know anything beyond the demand letter.

The players, above all else, have a statute of limitations problem. Any analysis beyond that is premature, IMO.

If the players get past that, or if that can't be decided for some reason until later in the case, the university probably tries to settle this as a nuisance suit. Defending a federal class action, even just through class cert, is stupid expensive.
 

douglasbader

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The narrative that Iowa suddenly is in deep trouble and Kirk and Barta are going to be shitcanned because a obvious money grab lawsuit was filed (which actually they haven't even filed one) is so dumb.
 
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The narrative that Iowa suddenly is in deep trouble and Kirk and Barta are going to be shitcanned because a obvious money grab lawsuit was filed (which actually they haven't even filed one) is so dumb.
The people pushing it aren’t analyzing the situation. They want that blood.
 

sergeanthulka

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Iowa may settle this case, but KF ain't losing his job. No way, no howe.
 

CamelTones

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Did they throw that additional $10 million on to try to keep the other 50ish players from coming out against them?

That's roughly $200k a player to entice said players from publicly disagreeing with the lawsuit.

Also, what would happen if Kirk retired after this season when part of the lawsuit would be his firing?
 

CamelTones

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The case should be a slam dunk for Iowa, but the Jane Meyer case should have been as well. If it goes to court there will be some things put out there that guys like Joly and Wadley won't want the public to know, but I'm not sure you can confidently say the university would win the case.

Edit to add that any player could sue for something dumb that would likely be settled.
 

Thomas Wolsey

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The case should be a slam dunk for Iowa, but the Jane Meyer case should have been as well. If it goes to court there will be some things put out there that guys like Joly and Wadley won't want the public to know, but I'm not sure you can confidently say the university would win the case.
People love to hate on corporations and schools.
 

MikeyJoe

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This is different from the Meyer suit - as much as this enrages blue checkmark sports Twitter, the players aren't employees who lost income. And there is almost zero chance that a court is going to want to rule on actual economic damages here, when the only way to estimate economic damages is a judge somehow making a determination that the players are right and Iowa cost them an NFL career. I suppose anything's possible, but that would be insane precedent to set.

So what, you're talking about punitive damages for some sort of civil rights violation? That's a much higher hurdle to clear than the "insensitive culture" the University's report laid out. Not an attorney, but I'm just not sure what the actual path is here.
 

CamelTones

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I agree the lost income doesn't make sense, especially for players that left for other schools as well as a couple of them that were in NFL camps. In that case, those NFL teams and other schools would also be responsible correct?
 

douglasbader

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This is different from the Meyer suit - as much as this enrages blue checkmark sports Twitter, the players aren't employees who lost income. And there is almost zero chance that a court is going to want to rule on actual economic damages here, when the only way to estimate economic damages is a judge somehow making a determination that the players are right and Iowa cost them an NFL career. I suppose anything's possible, but that would be insane precedent to set.

So what, you're talking about punitive damages for some sort of civil rights violation? That's a much higher hurdle to clear than the "insensitive culture" the University's report laid out. Not an attorney, but I'm just not sure what the actual path is here.
Exactly all of this, and it is why the path is and has always been to scare Iowa into a settlement. It is exactly why Iowa shouldn't give them a fucking penny.
 
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This is different from the Meyer suit - as much as this enrages blue checkmark sports Twitter, the players aren't employees who lost income. And there is almost zero chance that a court is going to want to rule on actual economic damages here, when the only way to estimate economic damages is a judge somehow making a determination that the players are right and Iowa cost them an NFL career. I suppose anything's possible, but that would be insane precedent to set.

So what, you're talking about punitive damages for some sort of civil rights violation? That's a much higher hurdle to clear than the "insensitive culture" the University's report laid out. Not an attorney, but I'm just not sure what the actual path is here.
Largely agree, but one problem fact from the article is graduation rate for African-American athletes is 42% vs 81% for whites. Absolutely gives the Court a way to estimate economic damages.

Still at a minimum have SOL, knowledge/reckless disregard, and causation/nexus as high hurdles for Plaintiffs, but economist will easily tie a big number to value of degrees for the group or class.
 

CamelTones

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Largely agree, but one problem fact from the article is graduation rate for African-American athletes is 42% vs 81% for whites. Absolutely gives the Court a way to estimate economic damages.

Still at a minimum have SOL, knowledge/reckless disregard, and causation/nexus as high hurdles for Plaintiffs, but economist will easily tie a big number to value of degrees for the group or class.
Most of the players in the suit graduated though.
 

thrawn

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This is different from the Meyer suit - as much as this enrages blue checkmark sports Twitter, the players aren't employees who lost income. And there is almost zero chance that a court is going to want to rule on actual economic damages here, when the only way to estimate economic damages is a judge somehow making a determination that the players are right and Iowa cost them an NFL career. I suppose anything's possible, but that would be insane precedent to set.

So what, you're talking about punitive damages for some sort of civil rights violation? That's a much higher hurdle to clear than the "insensitive culture" the University's report laid out. Not an attorney, but I'm just not sure what the actual path is here.
didn’t they also do a poor job of documenting the reasons why Meyer and her partner were poor employees? Like they had testimony but performance reviews were all mostly positive.
 
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