The only comments by Culpepper that remain actionable are completely outside the scope of his association with the NCAA. This has resulted in the NCAA being correctly removed as a defendant and makes the indemnity agreement between Culpepper and the NCAA moot.
Thusly, any potential financial damages Cottrell might be able to recover will have to come from income and assets solely owned by Culpepper. And since I recall reading that Culpepper is at or near bankrupt, what is the point?
One might say the answer to the above question is "Cottrell could restore his good name and reputation." But the actionable comments are so narrow, and completely ignore anything asserted by the NCAA, it is doubtful Cottrell could achieve such a result. And any attorney of worth will most likely not take the case on a contingency basis - as there will be no "there" there to take in the event of a win; so, would Cottrell want to fund his lawsuit with his own money for nothing more than a hollow moral victory?
Most likely, this will just quietly fade away into the darkness.
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