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MAUK WINS ROUND ONE OF LEGAL BATTLE


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MAUK WINS ROUND ONE OF LEGAL BATTLE

Posted by Mike Florio on August 14, 2008, 3:18 p.m.

Cincinnati quarterback Ben Mauk, who suffered a serious arm injury in the first game of the 2006 season while playing for Wake Forest, has obtained a temporary restraining order against the NCAA, paving the way (for now) for another year of eligibility.

Mauk’s appeal to the NCAA for one more year was rejected last week, prompting the filing of the lawsuit in Hardin County, Ohio.

On August 22, Judge William Hart will hear arguments on whether a permanent injunction will be issued.

“We are disappointed in the ruling granting the temporary restraining order. We look forward to explaining more fully our reasons for the decision and the careful review given not only by our staff but also by representatives from our member schools,†the NCAA said in a statement.

The case apparently turns on whether Mauk’s redshirt year as a freshman at Wake Forest arose in part from injuries. The NCAA found that there wasn’t sufficient medical documentation to support Mauk’s claim that he didn’t play as a freshman because of injury. Mauk claims in the lawsuit that the failure to maintain the records isn’t his responsibility.

Mauk was a key player for the Bearcats in 2007.

http://www.collegefootballtalk.com/category/teams/big-east/

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There's no way Cincy will use him this year (unless this lawsuit moves quickly (which it wont)).

He might be trying to play for Cncy next year.  He will be close to being in College football for a decade.

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I can't believe this is still going on.  Time to move on Mauk.

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Nice.  He gets a hometown judge to issue the temporary restraining order.

It's the NCAA's rules, what grounds does Mauk have to push it through the legal system?  The NCAA did not violate any contract with Mauk.  He isn't being paid by the NCAA.  He had five years to play four, just like everyone else.  It's basically a private club rule. 

Unless they are somehow showing prejudice, the judicial system has nothing to rule on.  The NCAA could allow an athlete to play only one year if they chose to.  They aren't keeping him from earning a living, and they aren't infringing upon his life. 

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There's no way Cincy will use him this year (unless this lawsuit moves quickly (which it wont)).

He might be trying to play for Cncy next year.  He will be close to being in College football for a decade.

"a lot of people go to college for seven years!"

"yeah, theyre called doctors."

tommy boy

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The problem seems to arise from the fact that Mauk claimed to have been redshirting in his freshman year and at the same time was injured during the entire redshirt year so he should get that year back... but he didn't claim to have been hurt until just recently, and there is plenty of documentation showing he wasn't injured (ie his coach is quoted as saying "he (mauk) was playing every day on the practice squad").

No way he wins this case.

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If he cant perform at the next level (NFL) after this many years and college football is out of the question, he needs to move on. Go to CFL for all I care, but quit beating a dead horse MAUK!

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MAUK WINS ROUND ONE OF LEGAL BATTLE

Posted by Mike Florio on August 14, 2008, 3:18 p.m.

Cincinnati quarterback Ben Mauk, who suffered a serious arm injury in the first game of the 2006 season while playing for Wake Forest, has obtained a temporary restraining order against the NCAA, paving the way (for now) for another year of eligibility.

Mauk’s appeal to the NCAA for one more year was rejected last week, prompting the filing of the lawsuit in Hardin County, Ohio.

On August 22, Judge William Hart will hear arguments on whether a permanent injunction will be issued.

“We are disappointed in the ruling granting the temporary restraining order. We look forward to explaining more fully our reasons for the decision and the careful review given not only by our staff but also by representatives from our member schools,†the NCAA said in a statement.

The case apparently turns on whether Mauk’s redshirt year as a freshman at Wake Forest arose in part from injuries. The NCAA found that there wasn’t sufficient medical documentation to support Mauk’s claim that he didn’t play as a freshman because of injury. Mauk claims in the lawsuit that the failure to maintain the records isn’t his responsibility.

Mauk was a key player for the Bearcats in 2007.

http://www.collegefootballtalk.com/category/teams/big-east/

Maulk should just GO AWAY and Baulk!

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The NCAA says there isn't enough evidence to show he was injured... Mauk says it wasn't his job to compile the information... Imagine what a can of worms this would be opening up if the court allowed it. Every player who redshirted their first year could challenge and say "it wasn't my job" to keep records. Bogus. Surprised he got even a temp restraining order.

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To me he is showing his selfishness and it is one of those lawsuits that makes me think lawyers are are a waste of time.

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