Recruiting Forum Football Talk XXIV

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#10,326
#10,326
I'm not sure if this makes me feel better or worse about this case.

From yet another article:

"UT -- which retained a lawyer from Neal & Harwell, a firm known for defending the Ford Pinto and Exxon Valdez -- denies the allegations."
 
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#10,327
#10,327
VolGee4 said:
I do not handle cases in that area of law, but defamation is protected in litigation. A high majority of cases revolve around "disputed facts," and the legal system would have a problem if people could file defamation acts based on legal argument. A legal case by definition is a controversy.

That said, I believe there is a movement and some law to support a payment of fees and costs if a lawsuit is deemed frivolous. Not actually having any direct knowledge of this case, my guess is there is some proof that these type of things happened. Factually, it could revolve around how UT reacted to the incidents. It could end up being a legal issue. Even if the facts are true, do they still make UT liable? Does UT promote an atmosphere of sexual misconduct just because several players, at different times, were being investigated or charged with a sex crime?

To sum it up, while I don't care for the suit and believe UT should vigorously defend it, I don't believe these lawyers are just making up things and being totally reckless and unethical.
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interesting, thanks.
 
#10,328
#10,328
Drae Bowles did not transfer because of any altercation(s) with UT players. He was not happy with his lack of PT at UT and had requested a transfer before the 2014 season started. CBJ agreed. DB knew he was leaving the team after fall semester, and some players felt that DB was not all-in that season. So there was friction on both sides and had been for some time.
 
#10,329
#10,329
BigOrange15 said:
Seems like they are purposefully trying to drag UT through the mud.
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Which is why you don't settle unless you have too much to hide. You buck up and play the game. Get public opinion and the media on your side as much as possible. None of us want anything to damage the football program. But you don't roll at the first sign of trouble.
 
#10,331
#10,331
youtube link to joes video from above
https://www.youtube.com/watch?v=bYRtgeiutzA

as opposed to the tantrum
cam-newton-tantrum.gif
 
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#10,332
#10,332
Vols4us said:
Which is why you don't settle unless you have too much to hide. You buck up and play the game. Get public opinion and the media on your side as much as possible. None of us want anything to damage the football program. But you don't roll at the first sign of trouble.
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Actually, UT probably will settle-- and that decision likely will be made by the university's insurance carrier(s). UT will seek coverage under multiple liability policies, causing UT's counsel to work with insurance attorneys and risk management consultants to reduce exposure and mitigate losses.

I'm sure UT has a general liability policy, professional liability policy and D&O liability policy, among others. The reason Cheek, Hart, CBJ et al were named is financially-driven. The wider the net, the bigger the pot and the larger the settlement. It's a large-scale money grab. Nothing more.
 
#10,334
#10,334
The biggest problem with this suit is that none of these alleged rapes are the "rape" that we thought of ~10 years ago. It's not the kind of thing where some malicious individual drags a girl into his room and brutally rapes her, it is the type of thing where a girl wakes up the next day and decides that she regrets what happened the preceding night. Rape and regret have become synonymous terms. If someone was to come out and say that in today's PC society though they would suffer through media hell.
 
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#10,336
#10,336
LA Vol said:
Actually, UT probably will settle-- and that decision likely will be made by the university's insurance carrier(s). UT will seek coverage under multiple liability policies, causing UT's counsel to work with insurance attorneys and risk management consultants to reduce exposure and mitigate losses.

I'm sure UT has a general liability policy, professional liability policy and D&O liability policy, among others. The reason Cheek, Hart, CBJ et al were named is financially-driven. The wider the net, the bigger the pot and the larger the settlement. It's a large-scale money grab. Nothing more.
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Everyone knows this is Cheek's fault....


:)
 
#10,337
#10,337
This is why that if I was ever drunk at a party and regrettably had sex with some girl who later tried to sue for rape, I would sue her for raping me.
 
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#10,340
#10,340
LA Vol said:
Actually, UT probably will settle-- and that decision likely will be made by the university's insurance carrier(s). UT will seek coverage under multiple liability policies, causing UT's counsel to work with insurance attorneys and risk management consultants to reduce exposure and mitigate losses.

I'm sure UT has a general liability policy, professional liability policy and D&O liability policy, among others. The reason Cheek, Hart, CBJ et al were named is financially-driven. The wider the net, the bigger the pot and the larger the settlement. It's a large-scale money grab. Nothing more.
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Do we know they are insured? Just asking. Most entities funded by tax dollars are government related and self funded. In that case the insurance company would be an administrator and advisor.
 
#10,343
#10,343
Vols4us said:
Do we know they are insured? Just asking. Most entities funded by tax dollars are government related and self funded. In that case the insurance company would be an administrator and advisor.
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Penn State spent $110M in settlement, legal fees, fines and other costs associated with its sex abuse lawsuits-- and they didn't have enough insurance to cover it all. UT absolutely has multiple liability policies. Will it be enough? Who knows? But the university and its legal counsel had to have seen this coming and prepared for what's going to be a nasty legal battle.
 
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#10,344
#10,344
LA Vol said:
Penn State spent $110M in settlement, legal fees, fines and other costs associated with its sex abuse lawsuits-- and they didn't have enough insurance to cover it all. UT absolutely has multiple liability policies. Will it be enough? Who knows? But the university and its legal counsel had to have seen this coming and prepared for what's going to be a nasty legal battle.
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I guess it would make sense to have a high deductible and self fund the smaller stuff with layered coverage over top. Do you think the PSU and Vandy situations are what helped fuel this? Seems like this is a playbook approach to me.
 
#10,345
#10,345
Vols4us said:
I guess it would make sense to have a high deductible and self fund the smaller stuff with layered coverage over top. Do you think the PSU and Vandy situations are what helped fuel this? Seems like this is a playbook approach to me.
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I'm sure UT has retained risk management consultants and upped the insurance in the university's financial plan. Once the allegations started stacking up against UT, attorneys saw an opportunity. These were weak criminal cases, but it's so much easier to get a big settlement with a civil suit. PSU got snowballed. I really hope that doesn't happen to UT.
 
#10,347
#10,347
UTProf said:
I'm not sure if this makes me feel better or worse about this case.

From yet another article:

"UT -- which retained a lawyer from Neal & Harwell, a firm known for defending the Ford Pinto and Exxon Valdez -- denies the allegations."
Click to expand...

I thought your post said Rick Pitino instead of Ford pinto. I thought...dang they will be busy.
 
#10,349
#10,349
This is nothing more than a money grab disguised as trying to insure UT does "the right thing". Jimmy Hyams said today the Jamis Winston accuser got almost $1 million. Also, said he thought the female trainer got $300,000 ish for the Peyton Manning mooning incident. Also, the lawsuit mentions Lil' Jon for some reason.
 
#10,350
#10,350
LA Vol said:
Penn State spent $110M in settlement, legal fees, fines and other costs associated with its sex abuse lawsuits-- and they didn't have enough insurance to cover it all. UT absolutely has multiple liability policies. Will it be enough? Who knows? But the university and its legal counsel had to have seen this coming and prepared for what's going to be a nasty legal battle.
Click to expand...

I would never bring up Penn State's situation and this one in the same breath.
 
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