Posted on 06/17/2007 6:25:09 AM PDT by MindBender26
A group of local lawyers all went to dinner least night.
Topic was Nifong and the damages NC will pay to the accused. There are questions of sovereign immunity, of course, and other issues but we all agreed that this was only the tip of the litigious iceberg.
In the civil litigation that is sure to follow, Nifong is one target, with few dollars, etc. The real targets will be the Duke 88. These are the professors who signed the now infamous letter adjudging the lacrosse players guilty and worse. That letter was then published as a full page ad in local newspapers and reprinted across the country..
These professors acted as individuals, with no corporate protection, insurance or shield. They acted outside their employment by Duke, etc. As such, they can be attacked and picked off, one at a time, with full and unrestricted individual liability, as targets of libel, slander and false light litigation. With no insurance, they wil even have to pay for their own lawyers.
Plaintiffs are well within statute of limitations.
Of course, as soon as one professor is served, he/she will go running to his/her lawyer. Their lawyer will play lets make a deal by implicating others. Then they will sue the most hated professor, which will set the high dollar damages expectation for the rest of the cases. Others will then want to settle fast.
Even better, each of the three plaintiffs cam move separately against all 88 individually. The profs will fold like a house of cards.
Lots of fun. Big dollars.
>>>>All you are trying to do is to make cogent arguments to people who are a lot smarter than you are.
I tried that with an ex-wife a few times.
Bummer.
:~)
They are off hook as servants of the Corporate Person.
Someone mentioned that the Duke endowment would be deep pockets. Probably protected about 20 ways. They would never allow something of that value to be attackable or attachable in any sort of action.
I take it that you are living in that Lexus now?
That sounds great, and like the old Army Officer Corps Honor Code (”I will neither lie, cheat, steal nor quibble, nor tolerate in my ranks those who do”) has a great purpose.
Two things jump out, however;
“fairness”
“respect for others”
By including these requirements, but using words and phrases that are subject to interpretation by juries (such as “fairness”) one open oneself’ to a raft of problems.
What is “fair?” Is it fair to give scholarships to some students based on academic performance, when they come from rich families, thereby denying admission to a slightly less gifted but poor student?
The law can understand words like “miles”, “hour” and the like, but “fair” is a legal snake pit.
I got custody of my shirts.
I see your dilemma. It is hard to practice law without pants.
1. Your Honor! I seem to have misplaced my briefs!
2. It hasn’t seemed to inhibit that judge/plaintiff in DC! Be well.
Interesting, although Lehigh University, Bethlehm, PA, had to settle a specious wrongful death suit. The outcome of which is telephone boxes with blue lights and published crime statistics for all universities.
Yeah, just ask that Judge up in DC - you know, the one with the $56 million dollar pants.
From the article, last year's Duke 88 letter
OTOH, I would like to see a link to the alleged "apology".
Agreed.
As compares your textbook, and the Bill of Rights, I’ll go with the latter. There is no lawsuit against the signatores of the letter
It’d be nice to see the out-of-control civil court system actually used for a good cause for a change...
I could easily argue, (and in exchange for releasing from from damages claims, get some signatories of the letter to truthfully testify that) the purpose of this "letter' was to bring pressure on the falsely accused members of the lacrosse team and the Duke administration.
I would argue that taken as individual statements, there are certainly some that have been expanded, enhanced and exaggerated to as to create emotion. A statement that is expanded, enhanced and exaggerated to as to create emotion is no longer the truth, only the truth and nothing but the truth.
Take the statement "All you heard was "Black students complain all the time...." Is that totally and completely true? In his or her time at Duke, did he or she never hear any person say anything else. I don't only mean only did he or she not hear someone, even a white student say something supportive of Black students on race issues? I'm also asking did he/she never hear anyone say any other words,? Did no one ever order lunch, discuss a class or a Friday night date? At a school with the academic standing of Duke, did no one ever discuss an academic issue? If any of the above would be answered in the positive, then the original statement is not true.
I have no desire to get into context here. A statement is true or it is not. This sample statement is/was not true. They (the 88) caused it to be published.
What was their intent? Certainly some of the signers, in exchange for release for liability will truthfully explain that the real end result was to poison the judicial atmosphere so as to deny the Duke boys their civil rights.
Not an easy case, but a winner.
I think this is great if its true. I hope they are sued into the stone age and beyond.
I am not a person that likes this kind of thing but, in this case, I hope 88 homes get siezed and sold at auction!
CRRROOOOMMMMMMM!
What about now?? Will the settlement keeping their butts out of hot water?
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