State law could be trouble for brokers in Manziel case
If Johnny Manziel did violate NCAA rules by receiving money for signing autographs, a Texas law could put the people who allegedly paid him at risk of being sued by Texas A&M.
Christian Dennie, an attorney with Barlow Garsek & Simon in Fort Worth writes the state of Texas passed legislation in 1987 to make “a person who violates a rule of a national collegiate athletic association … liable for damages in an action brought by an institution.”
To be liable, the person must have known or reasonably should have known a rule was violated and the violation must lead to disciplinary action against the student or institution.”
Manziel, who became the first freshman to win the Heisman last year, is being investigated by the NCAA. ESPN has reported it is for possibly receiving payment from memorabilia brokers for signing autographs in Florida, Connecticut and Texas this year. If he is found to have been paid for signing, it could compromise his amateur status and put his eligibility at risk.
More at http://blog.chron.com/sportsupdate/2013/08/state-law-could-be-trouble-for-brokers-in-manziel-case/?cmpid=rrhoustontx .
[font color=maroon]I'm not an attorney, but wouldn't the question whether Texas law applies be based upon the jurisdiction where the violations occurred? If the deals were brokered and the commission of the offenses occurred outside of Texas, then I don't understand how state law would have standing in court since it is doubtful that there was an intention to libel or slander Texas A&M.
I think that Texas A&M has a stronger case against Manziel and his family for any loss of revenue since they are the persons who would have known that any NCAA rules were violated and the university shares in the responsibility to see that their athletes remain in compliance. I do not see why a broker should be held to a higher standard than either the family or the university since they most likely never had any reason to read those rules or have knowledge of the same.
Any mention of a lawsuit by Texas A&M against the brokers appears to be an effort to intimidate in order to suppress information while the investigation is being conducted.[/font]
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