Oral arguments set for NCAA’s appeal in Todd McNair’s defamation suit

An appeal hearing in the defamation lawsuit that former USC assistant coach Todd McNair filed against the NCAA is scheduled for next month in Los Angeles.

The NCAA is seeking to have the California Court of Appeals overturn a Los Angeles Superior Court judge’s 2012 ruling against the NCAA’s motions to dismiss the case and keep documents under seal.

Oral arguments are scheduled for Oct. 15.

The Los Angeles Times and the New York Times filed an application with the appellate court to unseal the NCAA documents.

McNair filed his lawsuit in June 2011, two months after the NCAA denied his appeal to overturn a penalty imposed against him as a result of an investigation that centered on former Trojans running back Reggie Bush.

McNair was not named in the NCAA’s infractions report but he was the assistant coach the NCAA determined “knew or should have known” that Bush had dealings with two sports marketers. The NCAA also determined that McNair had engaged in unethical conduct and sanctioned him with a “show-cause” order, preventing him from contact with recruits for one year while working for USC or any other NCAA member institution.

McNair has not worked for a college program since June 2010, when USC did not renew his contract.

In November 2012, Superior Court Judge Frederick Shaller ruled that McNair had shown a “probability of prevailing on the defamation claims.”

Shaller wrote that emails between an infractions committee member, an NCAA employee and an NCAA appeals coordinator “tend to show ill will or hatred.” Shaller said in court that “the conduct that is shown by the persons involved in this investigation is over the top, it’s malicious, and I think it was directed for an outcome.”