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(Civil) Suits endanger lacrosse panel (Duke Lacrosse)
newsobserver ^ | Aug 27, 2007 | Matt Dees and Joseph Neff

Posted on 08/27/2007 2:36:16 PM PDT by maggief

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To: Vigilanteman

I don’t expect anything to happen to the Gang of 88. I would like to see Brodhead forced out but I doubt that will happen either.


61 posted on 08/28/2007 6:40:08 AM PDT by Sue Perkick (And I hope that what I’ve done here today doesn’t force you to have a negative opinion of me….)
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To: TommyDale
The next Durham City Council meeting should be interesting.


62 posted on 08/28/2007 6:45:19 AM PDT by maggief
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To: maggief

http://www.heraldsun.com/durham/4-876191.cfm

Insurance company wants city to halt independent probe into lacrosse case

By Ray Gronberg, The Herald-Sun
August 28, 2007 12:06 am

EXCERPT

The policy, released Monday by the city, also specifies that AIG and its subsidiaries would treat an incident like the lacrosse case as one occurrence, meaning its exposure would stop once a judgment or settlement hits the $5 million mark.

Claims “arising out of continuous, related or repeated” acts “shall be treated as one,” the policy says. That would appear to protect the firm from having to pay separately for each player.

The policy specifies that city officials have to cooperate with the insurer in the course of dealing with any lawsuit. It also says the firm has veto rights over the membership of the city’s legal defense team — a major point, given the prestige of the lawyers on the players’ side.

Moreover, the policy says the city has to “pursue all rights of contribution or indemnity” against anyone else who might be liable. The phrase is a legalism that refers to the possibility of seeking compensation from any third parties who contributed to wrongful acts.

City administrators issued a formal statement Monday confirming that the players’ lawyers had been in touch and that they’d asked officials to preserve all documents related to the case.

The statement said City Attorney Henry Blinder’s office had issued the requested preservation order.

It is not clear whether the players are willing to settle. City officials believe at least one — possibly Seligmann — is inclined to seek his day in court.

//

http://www.newsobserver.com/news/crime_saf...ory/684662.html

Review of lacrosse case halted
Durham doesn’t want to provide ammunition for lawsuits
Matt Dees and Joseph Neff, Staff Writers

DURHAM - The specter of massive civil lawsuits has stopped the work of a special committee probing the Durham Police Department’s handling of the Duke lacrosse case.
The city’s liability insurance provider said continued investigation by the committee could provide ammunition for a civil lawsuit by superstar lawyers.

City officials released a statement Monday saying that the committee is in “a holding pattern” until its attorneys meet next week with the counsel hired by the former lacrosse players falsely accused of rape by an escort dancer hired for a team party in March 2006.

The city didn’t release the letter from The Insurance Company of the State of Pennsylvania, a subsidiary of American International Group Inc., and efforts to reach the company were unsuccessful.

State Attorney General Roy Cooper earlier this year exonerated former Duke University players David Evans, Collin Finnerty and Reade Seligmann. It has long been anticipated they would sue the city once Cooper declared them innocent.

Seligmann hired Barry Scheck, a New York City lawyer who helped represent O.J. Simpson in his murder trial. Scheck also started the Innocence Project, which has used DNA evidence to free more than 100 people from prison. David Rudolf, a Chapel Hill attorney who represented former Carolina Panthers receiver Rae Carruth in a murder trial, is serving as local counsel for Scheck.

Evans and Finnerty have hired Brendan Sullivan Jr. and Chris Manning of Washington. Sullivan defended former HUD Secretary Henry Cisneros and represented Lt. Col. Oliver North during the Iran-Contra congressional hearings.

The former players’ representatives will meet next week with the city’s legal staff.

(snip)


63 posted on 08/28/2007 6:48:05 AM PDT by maggief
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To: TommyDale
I watched the local news, and Durham Mayor Bell was being interviewed. It doesn’t take much to figure out what is going on behind the scenes! He had that “deer in the headlight” look.

Wonder what effect this will have on his re-election campaign? Maybe none, Durhamites supported Nifong last Nov. :o/

64 posted on 08/28/2007 6:52:52 AM PDT by maggief
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To: maggief

One look at the mayor’s face, and you can tell he is a dirty crook! LOL!


65 posted on 08/28/2007 6:56:50 AM PDT by TommyDale (Never forget the Republicans who voted for illegal immigrant amnesty in 2007!)
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To: Sue Perkick
At Nuremburg, one man Julius Streicher was hanged despite holding no official position in the Nazi Government. His trial found that the propoganda he wrote and published was so over the top that it created the climate of hatred which made the mass murders of Jews possible.

The same reasoning needs to be applied to send the Gang of 88 packing, or at least demoted.

66 posted on 08/28/2007 6:59:19 AM PDT by Vigilanteman (Are there any men left in Washington? Or are there only cowards? Ahmad Shah Massoud)
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To: Joe 6-pack

Barry Scheck was a flop in the Louise Woodard case. Only the judge, in an incredible show of favoritism towards Scheck, overruled the jury to save him from an embarrassing loss. With the many lawyers available, Reade Seligmann should have retained someone more competent. OJ case does not count since that jury would have acquitted OJ even if there were a video of him slashing his victims.


67 posted on 08/28/2007 7:02:29 AM PDT by apocalypto
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To: Vigilanteman

Yep.


68 posted on 08/28/2007 7:12:28 AM PDT by apocalypto
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To: apocalypto
"Only the judge, in an incredible show of favoritism towards Scheck, overruled the jury to save him from an embarrassing loss."

Sadly, that seems to go with the territory in our increasingly incestuous legal system. In his bookOutrage, Vincent Bugliosi took a chainsaw to the media-created image of the "dream team," (as well as the judge and prosecution). I suspect Seligmann's selection of Sheck was largely due to Sheck's role in founding "The Innocence Project," (and its limited but high profile successes) and his celebrity as much as anything else. Right or wrong, the reputation a Scheck brings to the case goes a long way in the court of public opinion, if not the actual court of law.

69 posted on 08/28/2007 7:30:15 AM PDT by Joe 6-pack (Que me amat, amet et canem meum)
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To: TommyDale

Wish someone would dig into the city contracts given the non-profit “community development company,” UDI, where he is Exec. VP and COO.


70 posted on 08/28/2007 7:31:11 AM PDT by maggief
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To: Oberon

But it should be easily enough if a jury looked at it rationally.


71 posted on 08/28/2007 7:33:38 AM PDT by Tribune7 (Michael Moore bought Haliburton)
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To: maggief

Yeah, we all dug into this last year, all sorts of dirt was uncovered, and the local newspapers wouldn’t even look at it.
Pathetic.


72 posted on 08/28/2007 7:36:04 AM PDT by TommyDale (Never forget the Republicans who voted for illegal immigrant amnesty in 2007!)
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To: Tribune7
But it should be easily enough if a jury looked at it rationally.

Oh, I don't know. Were I one of these young men, I might consider the destruction of my reputation for the forseeable future to be worth enough to cause the University some pain. Five million from an insurance payout won't do that. I'd shoot for five percent of the University endowment, and after paying the lawyers I'd give 90 percent of what was left to women's outreach and charities.

The point is not to get rich, but to ensure that no school ever again does what Duke did to these three.

73 posted on 08/28/2007 8:09:08 AM PDT by Oberon (What does it take to make government shrink?)
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To: Oberon
The player's dealings w/ Duke are over, having settled with the school a few months ago. Subject here is the player's Federal cause of action against the city of Durham, and the Durham PD. Not Nifong, he was (god I love that word - was!! :) a State employee.
74 posted on 08/28/2007 8:50:58 AM PDT by Ready4Freddy ("Everyone knows there's a difference between Muslims and terrorists. No one knows what it is, tho...)
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To: Ready4Freddy

Good point...I’d forgotten. Thanks.


75 posted on 08/28/2007 9:12:43 AM PDT by Oberon (What does it take to make government shrink?)
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To: Oberon
I might consider the destruction of my reputation for the forseeable future to be worth enough to cause the University some pain.

What I would rather have in lieu of the money was Nifong in jail for as long as he wanted me in jail.

Still, I'd figure my reputation was repaired with his disbarrment.

What I'd want with regard to money is reimbursement for my legal costs, reimbursement for the aggravation (what my lawyers got paid would do nicely), and reimbursement for any other objective cost (such as that year's tuitition and room and board; lost vacation time for family members etc).

All that should be easily handled for less than $1.66 million.

Concerning other things like those 88 profs who declared my guilt, the city should not be on the hook for them.

And, anyway, in lieu of money I'd rather see them fired.

76 posted on 08/28/2007 9:54:44 AM PDT by Tribune7 (Michael Moore bought Haliburton)
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To: SmoothTalker
I would guess at least a couple if not more. Nifong had no problem falsely accusing and convicting people he knew were innocent. To his day, the DNA found on the stripper has not been investigated, other than to say it did not belong to any of those lacrosse players tested (one was not).
77 posted on 08/28/2007 10:07:47 AM PDT by Dante3
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To: maggief

I think it would be cheeper for the insurance carrier to “tender the policy limits” and be done with the case.


78 posted on 08/28/2007 10:12:28 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: maggief
Well, well, well, old friend. Looks like folks have discovered the spot that needs scratchin’. Any more news on Nifong? I presume he’s just going to fade away and live comfortably on his retirement in his judgment-proof home with his judgment-proof family. I also assume that this will take on the proverbial downhill trajectory of the ball of feces. I’m sorry for that, as I don’t think the police had anyway to stop the man on the mission from God, i.e. Nifong.

With all my heart, I hope this sends a message to overzealous and morally bankrupt L.E., D.A.s and Judges who think this is a game or who are bored with their usual suspects and would like to meet new friends from high places.

79 posted on 08/28/2007 3:25:37 PM PDT by Constitutions Grandchild
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To: Constitutions Grandchild

Nifong rode the wave with the NAACP, Durham Committee on the Affairs on Black People, and various AA community “leaders,” IMO. (Nifong met the NAACP at Union Baptist on Sunday, March 26, 2006.) My hope is the civil case goes to trial and exposes the corruption within the courthouse crowd and city hall.

Nifong is still due in court sometime this week to to respond to a criminal contempt charge.


80 posted on 08/28/2007 6:02:42 PM PDT by maggief
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