By Phillip Whitten<\/p>\n
March 16. HONOLULU. U.S. First Circuit judge Gail Nakatani dismissed a motion for breach of contract brought in behalf of eleven University of Hawaii swimmers against the National Collegiate Athletic Association. The judge denied the original motion for a temporary restraining order against the NCAA two days ago. The TRO would have enjoined the NCAA from holding its national collegiate swimming championships because the Hawaii swimmers had been unfairly disinvited from the meet. The judge ruled that because the NCAA is a private organization, there was no constitutional obligation for it to be treated as a governmental agency would be treated.
\n\tAn amended motion was filed under contract law, demanding that the students be treated fairly. It, too, was denied, the judge being reluctant to extend contract law to athletes.
\n\tLarry Kawasaki, assistant attorney for the students commented: \u201cWe were surprised by judge Nakatani\u2019s decision today. There were issues of equity\u2014promises were made on both side\u2014the NCAA\u2019s and the students\u2019\u2014but those promises were fulfilled by only one side (the students\u2019).\u201d
\n\tThe swimmers, some of whom are potential Olympians, still may pursue individual suits against the NCAA, charging that their careers have been damaged.<\/p>\n","protected":false},"excerpt":{"rendered":"
By Phillip Whitten March 16. HONOLULU. U.S. First Circuit judge Gail Nakatani dismissed a motion for breach of contract brought in behalf of eleven University of Hawaii swimmers against the<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"dois","enabled":false},"version":2}},"categories":[4],"tags":[5455,5457,5456,5408,1465,2136,821,5406,5169,350,62,1759],"class_list":["post-1274","post","type-post","status-publish","format-standard","hentry","category-zzzzzzzzz","tag-assistant-attorney","tag-contract-law","tag-first-circuit-judge","tag-gail-nakatani","tag-hawaii","tag-honolulu","tag-judge","tag-larry-kawasaki","tag-national-collegiate-athletic-association","tag-the-ncaa","tag-united-states","tag-university-of-hawaii"],"jetpack_publicize_connections":[],"yoast_head":"\r\n