Sports

Aug 15, 2013 7:33 PM by Associated Press

Texas 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, LLP in Fort Worth, Texas, writes on the firm's website (http://bit.ly/16eiX4I ) that 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 is amateur status and put his eligibility at risk.

Manziel's attorney, Jim Darnell of El Paso, Texas, has said the quarterback is cooperating with the investigation. Darnell has said he believes Manziel will be playing Aug. 31 when the Aggies open against Rice. Texas A&M plays Sam Houston State a week later and hosts Alabama on Sept. 14.

Dennie, who attended law school at Oklahoma, worked in its athletic department and is the author of College Sports Law Blog, told the AP on Thursday that if the NCAA finds reason to penalize Manziel and/or Texas A&M, the school could file a lawsuit in Texas even if Manziel is punished for transgressions committed in Florida or Connecticut.

"With personal jurisdiction, it's more complicated than just where something happened," Dennie said.

Other factors that could determine jurisdiction include, where negotiations took place, where products were sold (in-person or online) and where advertising for the products was done.

Texas A&M would have to claim damages in a lawsuit, which Dennie writes could include lost television revenues and lost ticket sales of regular season and post-season athletic events" and "reasonable attorney's fees and costs." But those are just suggestions.

"The statute itself doesn't outline specifics for damages," Dennie said.

Texas A&M could get creative, and even claim damage to its reputation that could be tied to revenues.

"He is a good kid. He is an honest kid," Texas A&M University System Chancellor John Sharp told the Fort Worth Star-Telegram. "He has his heart in the right place. My mother wishes I was as nice a kid as Johnny when I was a sophomore in college."

____

Follow Ralph D. Russo art www.ralphDrussoAP

(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

»Comments

Top Videos

1 2 3 4

Submit News

Do you have a tip, information about a breaking news story, or a story idea for 6 Investigates? Contact the KRIS 6 News Desk at 361-884-6666 or send us an email.

Most Popular

KRISTV.COM is Social!


Click the icons above to receive News, Weather, and Sports alerts from KRISTV.COM!

Inside KRISTV.COM

Contact Us
Send us your feedback. We want to hear from you!
Photo Central
Look at photos and videos and share them!
KRISTV.COM Mobile Website
Get KRISTV.com on your mobile or PDA!
KRISTV.COM Mobile Apps
Get our mobile apps on your mobile or PDA!
Texas Lottery
See the latest winning numbers!
6 News Team
Read about your favorite KRIS-TV personalities!
FCC Online Public File
FCC Public File of Records, Reports, and more