MeanGreenBeans
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It's weird to me too yeah. I always thought the NCAA was a corporation, but apparently that is not the case and it is an unincorporated association made up of its member schools. What I just read didn't say they're "not a citizen of any state" but said they "are a citizen of every state in which their member schools are located." So that would include TX. Also, where someone is served with process does not determine where they are a citizen. I typically serve national corporations with process through their registered agent here in my state.Again, I'm not sure you're right about the unincorporated part; everything I'm seeing is that their place of incorporation is Indiana (and I'd bet a big chunk of change - no pun intended - that the NCAA were served at their corporate headquarters in Indy).
But even if that were the case, "unincorporated" would still provide full diversity, no? If you aren't a citizen of any state, you can't be a citizen of Texas. And if that's the case, why run the risk that some yokel state court judge is going to do his alma mater a solid and let Sorsby play, which is exactly what happened?
It just seems like a misjudgment of some kind leaving it in state court (if I'm not wrong about the unincorporated part and that does, in fact, does not destroy diversity). To me, I see full diversity and the statutory threshold met for damages; I can't imagine why the NCAA wouldn't try to get it into federal court.
I view the NCAA as bumbling stooges in general, but I find it hard to believe they would drop the ball on removal to federal court if that were an option.
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