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FOR IMMEDIATE RELEASE Court Denies Preliminary Injunction against JMU CutsEIA Weighs AppealRoanoke, Virginia -- In a 40-page decision dated August 21, 2007, Judge Glen E. Conrad of the U.S. District Court for the Western District of Virginia denied a motion by Equity in Athletics, Inc. ("EIA") to order James Madison University ("JMU") to reinstate ten athletic teams scheduled for elimination in the 2007-08 academic year. "This is a setback for the JMU students who worked so hard to train for their sports, to study, and to support the reinstatement of these teams," said John Licata, EIA's president. "Throughout this process, the students, parents, and alumni have been fantastic in their support for getting JMU to fix this mistake," he said. "If sports teach us anything, it is to keep fighting," he added, "and our lawyers tell me this is not over." Procedurally, EIA had moved for a preliminary injunction, which would apply only until the Court reached the merits of the dispute. "Although denying a preliminary injunction is not the same as ruling against us on the merits," said Larry Joseph, one of EIA's attorneys, "it does signal that Judge Conrad is not currently inclined to accept our legal position." "Fortunately, Judge Conrad does not have the last say on the legal merits," said Joseph. Instead, he indicated that the Court of Appeals in Richmond ultimately decides all legal issues in the case, unless the Supreme Court steps in. "Obviously, we would have preferred that Judge Conrad give the students the benefit of the doubt on the novel legal issues that EIA has raised," he added. "Now we have to choose whether to ask the Court of Appeals or Judge Conrad himself to correct what we see as Judge Conrad's legal errors." EIA has at least 30 days to file an appeal. EIA’s counsel are Lawrence J. Joseph (Washington, D.C.), Douglas G. Schneebeck (Albuquerque, New Mexico) and Thomas H. Miller (Roanoke, Virginia). Schneebeck is a graduate of James Madison University, and was the captain of JMU’s 1982 track and field squad. Men’s track is among the sports set for elimination by JMU. Media inquiries should be directed to John Licata (703-925-2021) and Doug Schneebeck (505-848-1869). More information is available at http://www.equityinathletics.org For More Information Contact: |
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