Posted on 06/18/2007 12:19:13 PM PDT by Sleeping Freeper
There is an “in loco parentis” thing — I’d like to see legal redresses under that principle undertaken, if not in this case, then in others.
Seriously, wonder if the Duke 88 will do anything to make amends. (VISA, MC and Amex gladly accepted!)
Buying a full page ad in the local newspaper to attack the three falsely accused Duke students. - $2400
Filing fee to sue the 88 fuzzy heads who signed the ad - $20
Process server to serve each one - $7 each
Spending their retirement funds - Priceless!
Boy you really have been out of law for a long time. Filing fees are around $700 in Superior Court. Process servers are in the range of between $50 and $200 depending on whether you want the Marshall to serve them or whether you really do want someone to actually serve them.
Spending their retirement funds - Priceless!
I would bet those filing fees you mentioned that this whole settlement was engineered by the University's insurance company. These pin-heads that run Universities wouldn't know how to engineer a decent settlement if their lives depended on it. This was all done around a big burled walnut table somewhere in Philadelphia or Hartford.
Florida is a lot cheaper. Hell, you can still buy an election here for $5000.00!
>>>>This was all done around a big burled walnut table somewhere in Philadelphia or Hartford.
Absolutely!
And the insurance boys even sent their Lears down to pick to the plaintiffs' lawyers, served the good Scotch and said "Thank you, Sir! May I please have another" when it was all over!
This soon.... Hmmmm
Your best guess? $3,500,000 each?
Plus all legal fees expended if for some reason State of NC does not pay them?
Hell, I couldn't even get them to serve good coffee.
These insurance companies don't have to explain these settlements to you or I, but they do have to explain them to the board of directors. I assume also that the University has a $100,000 to $250,000 deductible for each claim. This would mean that the University probably paid the attorneys and the insurance company paid the defendants. They probably asked for 1.5 million for each defendant and they split the baby.
So, my guess: $500,000 tax free for each defendant and a combined $750,000 attorney fee.
Not a bad days work.
Now they can concentrate on going for the deep pockets.
Good news? The University didn’t even say “WHOOPS”. You may assume that Lorilard U will need to raise the tuition on white male students to pay for this. Ah, Justice served.
Typical liberal blather... Not our fault - it's the justice system's fault. So what if we here at Duke U attempted to lynch three fine young men because they were white. The faculty and staff had their feelings hurt by the false rape accusation so their hateful actions and words were okey dokey.
I'm sure that Duke paid through the *ss to get ALL future litigation dropped.
One of the few times (OK, 88 times 3 times) that I'd love to see some lawyer scum do his/her work...
I see your logic. but the deal came so quickly.....
Negotiating 101: Whoever wants the deal the most, or the soonest, “loses” the negotiation.
Duke wanted this done with ASAP. Minimum $1,000,000 each (?) or even $1,200,000, because the $1.2m divides into thirds so easily...
The actual damages in this case were inflicted by:
1) the stripper
2) the police (probably)
3) Nifong (unquestionably)
4) Brodhead (small money for lost opportunity to play laX)
The Gang of 88 simply chose to tag along at the back of the train being driven by others. The libel that they promoted did not cause Nifong to prosecute, did not cause the GJ to indict, and since they were not convicted did not whip up public hysteria, causing the defendants not to have a fair trial.
The Gang of 88 are guilty of moral and academic offenses for which they should be fired, but their monetary responsibility to the 3 students is minimal.
What (prosecutable) crime do you think the 88 committed?
I agree. Duke had nothing to do with the indictments and the student's legal expenses.
As for suspending students under indictment... The university may have the right to suspend them, but that doesn't absolve them of responsibility if their actions prove to be wrong, as they were. Mistakes carry a price, even if they were made in good faith.
Absolutely none... but that is not the question.
What civilly-actionable tortuous act do you think the 88 committed? is the real question
Answer?: Libel, False Light, Denial of Civil Rights, Outrage.
Yes, they did all those things - but the players still have to prove damages.
Totally true. Ride along in a car when the other occupants rob a 7-11 and kill the manager when you knew or had reason to know that was their intended action? Ride the lightning.
>>>>The libel that they promoted did not cause Nifong to prosecute.
Prove it. Prove they did not add .01% to the pressure he felt.
>>>>Did not cause the GJ to indict.
Prove it. Prove they did not taint the GJ .01%.
>>>>Since they were not convicted did not whip up public hysteria, causing the defendants not to have a fair trial.
They were not convicted, so everything that happened to them was fine????
You miss the entire point. In their supposed position of learned academic authorities and community leaders, the 88, even if in only in some small way, contributed to the stress the Durham 3 and their parents had to endure. That is VERY actionable.
The fact that some will admit that was their intent adds malice and makes it even more actionable.
If a citizen or group of citizens tries to be judge and jury... they had better be right.
If all you can prove is that the 88 are .01% liable, all you can collect is .01% of the damages -- and the laywers get a cut of that.
Actually, no. They do not have to prove damages. They have to get the jury to agree to an amount of damages.
“Ladies and Gentlemen of the jury. we have now established liability beyond any doubt. In fact, you have agreed there was liability.
Liability?
Liability?
What is “liability?” It’s simple. Liability means they did it and it was wrong. We have also established malice. That’s much worse.
What is “malice.” Malice means it was wrong, they did it, and even worse, they knew it was wrong and still did it.... and here’s the worst part... they did it to hurt these boys.
These were not 88 barflies shouting slogans after too many beers. There are very learned men and women. men and women with graduate college degrees. Think about it. These men and women are not paid by Duke to fix the plumbing, paint walls or something like that.... no they are paid to think... To think.. and teach.
And what did htey “teach” the world with this ad.
They didn’t just sit down and whip this out on a word processor. No, they got a committee to think about it, to discuss it, to get a graphic designer to design it. Then they took up a collection to pay for the ad.
And then it ran in the paper.... everyone read it... and the legal and social crucification of these boys only got worse.... much worse.
How bad can it be when people of influence use their “influence” to get other people to bad things. Remember the nightriders who were “understood” in the newspapers by Southern governors after they lynched black American citizens? Remember “Friends, Romans, Countrymen?”
Remember what happened to our Savior after Pontious Pilate used his “influence” on the High Priests?
These Duke boys were crucified too.
How much money damages should you award. Ask yourself this one question; If these 88 “professors” had done this to your child, your wife, how much would you want them to pay.
Put yourself in the mind of one of these Duke boys for a moment. Imagine your mother reading that horrible “advertisement” that ad these 88 co-conspitators voluntarily wrote and paid for... and them imagine it was about you and how bad your mother would feel... and how you would feel because you knew you were 100% innocent!
Between them, Duke paid these 88 “professors” about six million dollars every year.
How much? How much to try in some small way to compensate these families? How much to send a message to the next set of “professors” who want to like about our kids
How much? Just imagine you were one of the Duke boys watching your mother cry... or imagine you were one of those mother's... and you’ll know how much.
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