UH is fighting the Daniel Smith lawsuit

HSB Note: "Legal precedent could be on the side of the University of Hawaii in a suit filed by a high school football player's family, attorneys for the university told the Star-Bulletin. The suit alleges UH illegally revoked a scholarship offer to defensive back Daniel Smith of Boise, Idaho. In 2006, a Kentucky jury ruled against Louisville walk-on offensive lineman Ryan Holifield. Holifield had claimed that then-Cardinals coach Bobby Petrino promised him a scholarship if he paid for his first semester of school. Ryan Akamine, UH's lead lawyer on the Smith case, said the Louisville verdict could have bearing on this one."

About how the Louisville verdict could be a precedent that helps UH in the lawsuit, Ryan Akamine said:
"This case is similar to the Petrino case in the claim that a scholarship was promised, and Petrino claimed that a scholarship was not promised." (HSB)

Note: Akamine noted that the Louisville trial was held before a jury and the UH trial will be in front of a judge.

HSB NotE: "Greg McMackin replaced Warriors coach June Jones when Jones left to coach SMU in January 2008. UH and former assistant coach Jeff Reinebold (also now at SMU) are named defendants in the suit filed in circuit court last month.

HSB Note: "The university's response requests that the complaint be dismissed, and that the school be awarded attorney fees and costs."

HSB Note: "Akamine said Reinebold is a "central figure" in the case. Smith said Reinebold told him to not entertain any offers from other schools after he made his oral commitment to UH in the summer of 2007. Smith said he agreed, thinking that UH would honor its commitment."

About the lawsuit, Smith said:
"I kept my end of the deal. I want the university to keep its end of the deal." (HSB)

HSB Note: "Oral commitments, however, have never been considered binding in college sports recruiting. Players often "de-commit" when a better offer comes along, and schools do the same if they "overbook," or find a better player. In a phone interview yesterday, Portland State coach Jerry Glanville confirmed that he had offered Smith a scholarship in 2007, which Smith said he turned down after he accepted an offer to UH from Reinebold. Smith said he tried to find a scholarship somewhere else after he learned UH didn't have one for him, but was unsuccessful. Glanville said it is common knowledge that oral commitments are not binding in recruiting."

About how oral commits are not binding in recruiting, Glanville said:
"I had a kid commit to me, and then he commits to Washington State four days before signing day, so now I don't have a defensive end. Am I suing him? No. It works both ways." (HSB)

HSB Note: "McMackin has declined comment, other than to say that Reinebold was not on the UH staff while McMackin was putting together his first recruiting class in late January and early February. UH general counsel Darolyn Lendio said the defense will try to "narrow" the case, but it could last "anywhere from a minimum of a year and a half to three years." Akamine and Lendio said the next step is deposition, where both sides attain more information."

About what they want from the deposition process, Akamine said:
"We're going to request that they clarify what they claim. We do know that all they're alleging will not stand up to the facts. We believe we have a good case and the allegations will not be all correct." (HSB)

About the Smith lawsuit, Lendio said:
"They're not specific in the complaint. They're very general about the allegations, unclear." (HSB)

About how "it will be a while" before a trial date is set, Akamine said:
"In about two months we'll have a lot more information." (HSB)