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FOR IMMEDIATE RELEASE Supreme Court Denies EIA's PetitionCase to Return to District CourtRoanoke, Virginia -- In a one-sentence order issued on March 23, 2009, the U.S. Supreme Court denied a petition by Equity in Athletics, Inc. (EIA) to review the denial of EIA's request for a preliminary injunction to reinstate the ten intercollegiate athletic teams that James Madison University ("JMU") demoted to club status effective July 1, 2007. With the denial of EIA's petition, the case will return to the U.S. District Court for the Western District of Virginia for a trial on the merits. When EIA appealed the district court's denial of a preliminary injunction in 2007, JMU moved to stay the district court litigation until the appeal resolved. That stay will dissolve now that EIA's appeal has completed. Because the facts are not in dispute, the parties likely will cross move for summary judgment (for plaintiff EIA) and to dismiss (for defendants JMU and the federal Department of Education). "Although the Fourth Circuit upheld the denial of a preliminary injunction and the Supreme Court declined to review it, neither the appellate process nor the district court's denial of the preliminary injunction decided the merits of the case," said Lawrence J. Joseph, an EIA attorney. "EIA still has the opportunity to hold JMU accountable for its unlawful cuts and to overturn the federal 'Three-Part Test' that drove JMU's decision." EIA’s appellate counsel are Larry Joseph (Washington, D.C.) and Douglas G. Schneebeck (Albuquerque, New Mexico). 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 Doug Schneebeck (505-848-1869). More information is available at http://www.equityinathletics.org For More Information Contact: |
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