Boy denied full academic experience by getting cut ... sues

I can't see how this case would win in terms of a "full education" when thousands of kids are getting cut from sports teams, school plays, etc. all the time. I do find it weird that they had two tryouts, then included the football players, and subsequently replaced 9 out of 11 kids. That seems fishy, albeit not "unconstitutional."

The state probably has a rule players can't participate in the next season's sport until their previous season ends. If a football team goes deep into the playoffs the basketball team would have to forfeit games due to a shortage of players.

You'd assume then that the kids who originally made the team knew the "deal", right?

Here in Missouri, football ends on Thanksgiving weekend, and basketball games start the next week. So no conflict in games. There may be a deal where you have to practice so many times before you play a game which could come into play here. My son only plays one sport so I never paid attention to that rule since it never came into play.

Isnt getting cut from the team part of the "educational experience" for most high school kids?

Before we have the "wussification of america" post, dont blame the kid, mommy is doing this. I'm sure the kid is bummed, but he probably moved on. It took mommy to make this an issue.

UNBELIEVABLE!!!!!! Everything I have known about HS sports is that it's an At Will opportunity. The coach can at his own will keep or cut any student... period! It's People like this that could bring an end to all school extracurricular activities.

Maybe this mom should just be grateful that her son got to experience some High School competition for a few months. The whole August start date sounds suspect to me. Our state prohibits any sanctioned basketball activity until November.

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Originally posted by Mizzoubaseball:
Here in Missouri, football ends on Thanksgiving weekend, and basketball games start the next week. So no conflict in games. There may be a deal where you have to practice so many times before you play a game which could come into play here. My son only plays one sport so I never paid attention to that rule since it never came into play.

Isnt getting cut from the team part of the "educational experience" for most high school kids?

Before we have the "wussification of america" post, dont blame the kid, mommy is doing this. I'm sure the kid is bummed, but he probably moved on. It took mommy to make this an issue.

In PA there's overlap with playoffs and the next season's sport. It is illegal to even practice with the next season's team before the current season ends.

I feel like I must be one of the most liberal on the board, and this sounds like a bunch of nonsense from both sides of the spectrum.

We have workouts prior to the season, and kids know that just attending these workouts is no guarantee to making the team. Pretty sure the parents know it too.

Guess it's the American way. Don't get your way and feel you've been cheated......sue.

Around here just because you "made" the team is no guarantee you'll stay on the team. I've seen players let go due to grades, ejections, suspensions, attitude, etc......

You go girl!!!!

Where is the Dad in this picture? I know my wife wouldn't dare try something stupid like this for my son.

so pretty soon it'll be ALL 80 kids who tried out are ALL now on the team and ALL have to play the same amount of time...then ALL competitive athletics will be just like the "Y"...give me a break.

So can I go back and Sue for getting cut from my HS basketball team? It was only 34 years ago. Emotional damage, trauma, etc.? WOW! This lady needs to get a life

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Originally posted by Outfielder:
so pretty soon it'll be ALL 80 kids who tried out are ALL now on the team and ALL have to play the same amount of time...then ALL competitive athletics will be just like the "Y"...give me a break.

When my son was in 7th grade the middle school principle invoked a no cut, equal play rule on the baseball team. This was after the basketball team was forced to keep twenty players with equal playing time over six minute periods. When the roster turned out to be twenty-nine players my son and five of the other best players quit and went out for lacrosse. The high school varsity coach was horrified at the idea of his best future baseball players getting hooked on lacrosse he got the situation fixed.

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When my son was in 7th grade the middle school principle invoked a no cut, equal play rule on the baseball team. This was after the basketball team was forced to keep twenty players with equal playing time over six minute periods.

I will take a guess he or she made this decision after parents complained??

To me her son got more of an education than most...He learned the value of working a little harder to become a better player. The obvious easy fix for the school is to put the kid in uniform and let him sit...or spend thousands of dollars trying to defend a frivolous suit.

I love high school sports but this is one of the reasons that non-school sports like AAU basketball and summer baseball are more meaningful.

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Originally posted by Texas1836:
I love high school sports but this is one of the reasons that non-school sports like AAU basketball and summer baseball are more meaningful.

You say that about summer ball, but I just found out last week that my son's sumemr team now has 10 or 11 pitchers. Gotta spread those boys out in 4 or 5 games each weekend.

Didnt mean to change the subject.

For the sake of argument let's say this is groundless and is ultimately dismissed. How much will it cost the school district to defend against this suit? I think a loser pays provision would stop some of this stuff. If she believes that deeply in the issue let her put $30 or $40,000 up to cover the school district costs if she loses. She could then sue her lawyer for encouraging her to file a frivilous lawsuit lose again and pay her lawyer coeming and going for another $50,000.

gong to use a little logic and common sense here. does everybody make the national honor society or play in the band????

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Originally posted by Will:
gong to use a little logic and common sense here. does everybody make the national honor society or play in the band????

My kids told me the battle for first violin in the high school orchestra is as fierce as any battle for a starting position on a sports team. And there must be racism. An Asian kid always gets the position. That was a joke folks. These kids want it more than anyone else. They earn it. The entire violin front row is Asian kids.

quote:

Originally posted by luv baseball:
For the sake of argument let's say this is groundless and is ultimately dismissed. How much will it cost the school district to defend against this suit? I think a loser pays provision would stop some of this stuff. If she believes that deeply in the issue let her put $30 or $40,000 up to cover the school district costs if she loses. She could then sue her lawyer for encouraging her to file a frivilous lawsuit lose again and pay her lawyer coeming and going for another $50,000.

This is waht I'm saying - let the loser pay so we can make people think about filing ridiculous lawsuits. I'm all in favor of people suing for the right reasons but there needs to be some common sense.

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Originally posted by coach2709:

quote:

Originally posted by luv baseball:
For the sake of argument let's say this is groundless and is ultimately dismissed. How much will it cost the school district to defend against this suit? I think a loser pays provision would stop some of this stuff. If she believes that deeply in the issue let her put $30 or $40,000 up to cover the school district costs if she loses. She could then sue her lawyer for encouraging her to file a frivilous lawsuit lose again and pay her lawyer coeming and going for another $50,000.

This is waht I'm saying - let the loser pay so we can make people think about filing ridiculous lawsuits. I'm all in favor of people suing for the right reasons but there needs to be some common sense.

Imagine if you had a serious injury you believed was caused by a Fortune 500 corporation. Could you afford to go up against a Fortune 500's legal counsel without the option of contingency fees? No you couldn't. The Fortune 500 corporation would financially intimidate you into not pursuing the lawsuit. It's up to judges to determine of a lawsuit is frivilous before proceeding into court. Unfortunately, there are times where judges views are questionable.

Before anyone posts any judgements I'm a reasonably conservative Republican. But I believe in common sense. I'm not anti-business. I'm not anti-corporation. There is a need for tort reform. But you can't take the protection of a lawsuit for reasonable compensation away from the average person.

Not suggesting that there shouldn't be significant awards for injury or dmages particularly bodily ones.

What I am advocating is that when there are damages sought particularly for non-bodily "injury" that it shouldn't be a fishing expedition into the deepest pocket in town. Doesn't even have to be dollar for dollar. Let's say 5 or 10% of the award sought. So if you sue the city for $1 million for emotional distress beacuse you saw a dog run over by a garbage truck the 1st thing you have to do is pony up $50K in case you lose. You could even put in a regerssive scale as the damages sought go up the percentage required goes down. Sue for $10 Million put up $250k which is 2.5%

A whole industry will arise as people make bets on the liklihood of winning. People will be able to put 25% of a potential award up against the $50K as a contingency and they will find plenty of takers IF there is a case. Lawyers may look to boost their percentages by fronting the money. If it's a BS case then they'll be on thier own in the cold.

quote:

An Asian kid always gets the position.

could it be that maybe they are better? Just a thought

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Originally posted by Will:

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An Asian kid always gets the position.

could it be that maybe they are better? Just a thought

Did you read my entire post or selectively choose one sentence to make a comment?

RJM

yes I did. I was making a generic statement indicating whoever is better is better. they deserve the position whether it be first violin or first base. It is about competence.