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Judge Rules in Favor of Clarett
Bucknuts.com ^ | 2/5/2004 | By Bucknuts.com Staff

Posted on 02/05/2004 10:11:42 AM PST by smith288

Maurice Clarett (Getty Images)
Maurice Clarett (Getty Images)
Judge Rules In Favor Of Clarett
By Bucknuts.com Staff  
Date: Feb 5, 2004

U.S. District Judge Shira A. Scheindlin has ruled that the NFL Draft rule regarding early entry violates anti-trust laws and has ordered the NFL to allow Maurice Clarett into this year's NFL draft.

The AP reports that U.S. District Judge Shira A. Scheindlin has ruled in favor of Maurice Clarett in his case against the NFL and that the NFL must allow him to enter this year's draft.

Clarett brought a suit against the NFL, asking that its rule requiring a player to have spent three seasons out of high school before becoming eligible to enter the draft be overturned. U.S. District Judge Shira A. Scheindlin ruled in favor of Clarett, stating "The NFL has not justified Clarett's exclusion by demonstrating that the rule enhances competition. Indeed, Clarett has alleged the very type of injury -- a complete bar to entry into the market for this services -- that the antitrust laws are designed to prevent."

The 20-year-old Clarett was the subject of an ESPN.com expose on Wednesday for his ties to a known gambler, Warren, Ohio, caterer Bobby Dellumuti, who also provided Clarett with illegal extra benefits. Those benefits, reportedly totaling $3,800, as well as his lies to NCAA investigators led Ohio State and the NCAA to suspend Clarett, a preseason Heisman Trophy favorite, for the 2003 season.

He now faces a decision on whether to formally enter his name in the 2004 draft. All indications are he will do that, although he maintained several times during the legal process his desire to return to OSU this season. For him to return, OSU would need to petition the NCAA on his behalf. There are no certainties he would regain full eligibility, either.

Clarett sued the NFL last summer to challenge a league rule that a player must be out of high school three years for draft eligibility. The judge's ruling, if it is not successfully appealed, could allow teen-age football stars to take advantage of the marketing and business opportunities available to young athletes in other sports.

In trying to maintain the status quo, the NFL argued that Clarett should not be eligible because its rule resulted from a collective bargaining agreement with the players. Hence, the rule is immune from antitrust scrutiny, because Clarett cannot bring such a lawsuit and because its rule is reasonable.

"While, ordinarily, the best offense is a good defense, none of these defenses hold the line," the judge opined in a 70-page ruling.

Scheindlin sided with Clarett because he was fighting a policy that excludes all players in his position from selling their services to the only viable buyer, the NFL.

The judge said that "age is obviously a poor proxy for NFL-readiness, as is restriction based solely on height or weight."

The NFL was preparing a statement to respond to the ruling. It was unclear if and when the league would initiate appeals proceedings. It was also unclear what impact such appeals may have on Clarett's ability to enter this year's draft.

John Langel, a lawyer for Clarett, told the AP he was "obvious pleased" and praised the ruling as "incredibly well written and thorough and touching on all issues the parties addressed."

Clarett rushed for 1,237 yards and led Ohio State to a national championship as a freshman in 2002.




TOPICS: Breaking News; Culture/Society; News/Current Events; US: Ohio
KEYWORDS: buckeyes; clarett; nfl; ohiostate; osu
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1 posted on 02/05/2004 10:11:43 AM PST by smith288
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To: smith288
well so much for rules and reg's that businesses want to use
2 posted on 02/05/2004 10:13:45 AM PST by markman46
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To: smith288
Scheindlin sided with Clarett because he was fighting a policy that excludes all players in his position from selling their services to the only viable buyer, the NFL.

*cough* CFL *cough*

3 posted on 02/05/2004 10:14:46 AM PST by smith288 (If terrorist hate George W. Bush, then he has my vote!)
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To: smith288
This is going to ruin the NFL.
Just look at the NBA.
4 posted on 02/05/2004 10:16:10 AM PST by dyed_in_the_wool ("For diplomacy to be effective, words must be credible" - GWB)
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To: smith288
I don't agree with the decision, but it has always seemed to me inescapable under Antitrust law, and I don't think the CFL is a viable alternative.
5 posted on 02/05/2004 10:17:56 AM PST by Petronski (I'm not always cranky.)
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To: dyed_in_the_wool
The rule is somewhat goofy in that a 15 yr old scholar who graduates early from High School can enter a draft but a 20 yr old soph in college cannot. But this is still very harmful in my opinion.
6 posted on 02/05/2004 10:18:11 AM PST by smith288 (If terrorist hate George W. Bush, then he has my vote!)
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To: smith288
I just don't understand why the NFL wants this rule. Why don't they let the freedom of competition decide wether someone is able to play in the NFL.
7 posted on 02/05/2004 10:18:35 AM PST by Lost Highway (There's no stoppin the cretins from hoppin.)
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To: dyed_in_the_wool
"This is going to ruin the NFL."

What he said fifty times over!
8 posted on 02/05/2004 10:19:25 AM PST by writer33 (The U.S. Constitution defines a Conservative)
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To: smith288
Scheindlin sided with Clarett because he was fighting a policy that excludes all players in his position from selling their services to the only viable buyer, the NFL.

Could the little putz go to the Arena League?

9 posted on 02/05/2004 10:19:50 AM PST by JohnnyZ
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To: smith288
Oh, I also think Clarett is going to have a very rough time in the NFL. He's just not developed enough.
10 posted on 02/05/2004 10:19:56 AM PST by Petronski (I'm not always cranky.)
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To: smith288
Scheindlin sided with Clarett because he was fighting a policy that excludes all players in his position from selling their services to the only viable buyer, the NFL.

Here's what I dont get. Why are these laws used to protect a certain set of particular skills? Can't he always go and get an office job, a construction job, something else?

11 posted on 02/05/2004 10:20:43 AM PST by Paradox (Cogito ergo Doom.)
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To: smith288
Predictions: (Not wishes)

1. This will have little impact on the NCAA or NFL, as most players will still want to maximize their value in the draft by waiting until after their junior year to go pro.

2. MC will be drafted by a crappy team no higher than the second round, and will be injured before the regular 2004 NFL season starts.

12 posted on 02/05/2004 10:20:49 AM PST by PackerBoy (Just my opinion ....)
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To: dyed_in_the_wool
This is going to ruin the NFL. Just look at the NBA.

I don't think younger players ruined the NBA. What ruined the NBA was rules implemented that valued individual athletic ability over the knowledge of how to play team basketball.

13 posted on 02/05/2004 10:21:07 AM PST by Lost Highway (There's no stoppin the cretins from hoppin.)
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To: smith288
It will be interesting to see which NFL team drafts such an often-injured, multiple lie-teller & high maintainence individual as Clarett.

I don't know how many good running backs are available this year but I bet he doesn't go in the first round. Even without all of the non-football BS, Clarett has been shown to be much too brittle -- and that's just in college ball.

14 posted on 02/05/2004 10:21:14 AM PST by gdani (Have you played Atari today?)
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To: Petronski
viable in what term? its a viable option in that you can make a living for doing your job. So he cant live like a king for a year...whoopy.
15 posted on 02/05/2004 10:23:02 AM PST by smith288 (If terrorist hate George W. Bush, then he has my vote!)
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To: dyed_in_the_wool
This is going to ruin the NFL.

Just look at the NBA.

Yeah -- LeBron clearly isn't ready to compete in the NBA.

Nor was Moses Malone, Spencer Haywood, Darryl Dawkins, Kobe Bryant, Tracy McGrady, Kevin Garnett, Jermaine O'Neal, Shawn Kemp, etc, etc

16 posted on 02/05/2004 10:25:40 AM PST by gdani (Have you played Atari today?)
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To: Petronski
In trying to maintain the status quo, the NFL argued that Clarett should not be eligible because its rule resulted from a collective bargaining agreement with the players. Hence, the rule is immune from antitrust scrutiny, because Clarett cannot bring such a lawsuit and because its rule is reasonable.

Clarett was not a party to nor were interests represented in the collective bargaining agreement. That this was the best argument the NFL could present indicates the weakness of its case. Whether this decision is best for the NFL or college footbal is not the point; Clarett's rights are.

17 posted on 02/05/2004 10:27:19 AM PST by connectthedots (Recognize that not all Calvinists will be Christians in glory.)
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To: gdani
Don't forget Carmello Anthony. If I am not mistaken he would have been inelligble under the NFL rules.
18 posted on 02/05/2004 10:29:05 AM PST by Lost Highway (There's no stoppin the cretins from hoppin.)
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To: smith288
The worst part? Once again an athlete gets rewarded for bad behavior. And we wonder why morals and standards are falling in this country.
19 posted on 02/05/2004 10:30:20 AM PST by rikkir (The Pats have the trophy, but it's got claw marks all over it !!)
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To: All
Related thread on this subject:
http://www.freerepublic.com/focus/f-news/1072074/posts
20 posted on 02/05/2004 10:31:56 AM PST by LisaMalia (Buckeye Fan since birth!!)
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