The California Supreme Court has rebuffed the NCAA's appeal for a review of an appellate court's ruling in the lawsuit against it by former USC coach Todd McNair.
The rejection means that the lawsuit, which was filed in 2011, can continue in Los Angeles court. The case made it to the California Supreme Court because the NCAA had made another appeal.
McNair, formerly USC's running backs coach, sued the NCAA for defamation after he was penalized regarding the investigation into former USC running back Reggie Bush. McNair was given a show-cause penalty after the NCAA found that Bush and former USC basketball player O.J. Mayo received benefits.
The show-cause penalty barred him from contact with recruits for a year. His contract wasn't renewed by USC.
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The case has been under appeal for nearly four years. Documents unsealed in 2015 showed members of the NCAA's infractions committee were biased against USC and had harsh words for McNair. The NCAA's appeal denied Wednesday was regarding the opinion of an appeals court that said McNair's case against the NCAA had some merit and could proceed.
“McNair made a sufficiently convincing showing that the NCAA recklessly disregarded the truth,” Justice Richard D. Aldrich wrote in the opinion, “when the COI deliberately decided not to correct the investigation’s errors or to acquire more information about what McNair knew concerning the rules violations, even after McNair notified the Appeals Committee of the errors.”
The opinion added that “without a finding against McNair, no penalties could have been instituted against USC for Bush’s receipt of improper benefits.”
The NCAA had previously contended the unsealed documents should remain sealed.
Per the Times, a hearing is scheduled for May.
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Nick Bromberg is the assistant editor of Dr. Saturday on Yahoo Sports. Have a tip? Email him at nickbromberg@yahoo.com or follow him on Twitter!
