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Football COLUMN: Michigan response indicates slippery slope for Big Ten

Josh Henschke

Publisher
Staff
Oct 26, 2021
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Serena Rabie is a lawyer at Armstrong Teasdale in Chicago and a University of Michigan graduate who represents clients in various complex business disputes.

Disclaimer: The views and opinions expressed within this article are those of the author and do not necessarily reflect the views or positions of their employer.
 
I heard a rumor that UM has evidence of 9 other B10 teams scouting in person.
Have you heard anything along those lines?
 
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I think “I read on mgoblog that…” would be a better portrayal here
It’s been on Twitter and supposedly 97.1 this morning too, according to a post earlier today with a screenshot from Twitter. (Also acknowledged mgoblog)
 
To the lawyers, if B1G suspends jh, isn't that arbitrary and capricious?
Arbitrary and capricious doesn’t really apply much outside of the government context. You can give another party complete discretion via contract which is why UM’s response is largely framed as a failure to follow the procedures contained in the agreement.

A court may consider the arbitrary nature of a suspension in granting a TRO but there isn’t a clean route to directly appeal a suspension as arbitrary.
 
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