Oklahoma State P Oliver Eligibility Trial Set To Begin January 5
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Oliver's Eligibility Trial
To Begin January 5 |
Oklahoma State Univ. (OSU) P Andy Oliver is "close to a resolution in his battle with the NCAA," as "barring an unexpected settlement, Oliver's lawsuit against the NCAA will go to trial" in an Erie County (OH) court on January 5, according to Aaron Fitt of BASEBALL AMERICA. The NCAA's "no agent" rule is "at the heart of this case." Though Oliver's "camp does not dispute that he violated the rule when his former advisers, Robert and Tim Baratta contacted the Twins on his behalf after Minnesota drafted him" out of high school in '06, Oliver's attorney Richard Johnson "believes the 'no agent' rule will be struck down in court." Johnson: "The judge already struck down the 'no agent' rule in the temporary restraining order (that restored Oliver's eligibility in August). Our position is that if nothing's changed, he'll strike it down at trial." Fitt noted Oliver "could win at trial but still lose if the NCAA uses its restitution rule to pressure Oklahoma State into not playing Oliver, even if his eligibility is restored," and it seems that the NCAA is "already threatening to seek restitution against Oklahoma State for having played Oliver for the last two years." An NCAA cross-claim against OSU filed Friday argues that because Oliver was "suspended by Oklahoma State and not by the NCAA, the school has an obligation to contribute toward any monetary damages awarded to Oliver against the NCAA 'to the extent that OSU's actions have caused those monetary damages.'" Johnson said that, "to his knowledge, this is the first time the NCAA has sued one of its member institutions" (BASEBALLAMERICA.com, 12/22).
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