Recruiting Forum Football Talk XXV

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#1,051
#1,051
volssam said:
If the lawsuit and the stuff being leaked is proven to be bogus, are there any kind of repercussions for the lawyer? Or is he protected from any kind of countersuit? Tort lawyers frustrate me so badly.
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Probably not. Technically, he shouldn't file a suit if he knows it's meritless, but practically, nothing will happen to him.

Also, just to be clear, this isn't a tort claim, although I'm sure this guy handles plenty of tort cases.
 
#1,052
#1,052
volssam said:
If it goes to trial and UT wins, what does the lawyer make? And who pays him?


We are in dire need of some kind of litigation reform in this country. It is abused like crazy. And it ruins lives.
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Nothing. Plainiffs dont have the money to fund this case expense wise much less attorney fees. Smith and his band are betting UT settles and UT pays their attorney fees, or they get 1/3 of the recovery, or both!

If they lose they get nothing.

I say attack attack attack in the litigation sense. Fight fire with fire.
 
#1,053
#1,053
This is how civil suits work. The number 1 asset any public group has is public approval. Lawyers can take advantage of a media that enjoys stories like this because the clicks go up. So people begin turning against the institution which cranks the pressure up on the institution to settle to avoid more public shame.

The allegations don't have to be true. This is a civil suit and not a criminal suit. The nature of a civil suit gives the accusers much more power than the accused. This detail about Butch probably won't be the last detail floated out.

So now Tennessee is faced with a decision to go to court and possibly win. Which if we were being honest won't help our public image. People will say things like, "our justice system is flawed" "people were paid off". The public has already decided if Tennessee is guilty or not. The other choice is settle and get it out of the news so people can forget about it quicker.

Our legal system is very flawed in terms of civil suits. I believe civil suits should be held confidential unless they are found guilty in the end so that the integrity of the system can be preserved.
 
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#1,054
#1,054
drylo said:
Probably not. Technically, he shouldn't file a suit if he knows it's meritless, but practically, nothing will happen to him.

Also, just to be clear, this isn't a tort claim, although I'm sure this guy handles plenty of tort cases.
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IMO, it is a tort claim. Allege Title 9 but couple it with another Fed. statute that provides money damages. Two pronged claim....
 
#1,055
#1,055
VOLout8 said:
This is how civil suits work. The number 1 asset any public group has is public approval. Lawyers can take advantage of a media that enjoys stories like this because the clicks go up. So people begin turning against the institution which cranks the pressure up on the institution to settle to avoid more public shame.

The allegations don't have to be true. This is a civil suit and not a criminal suit. The nature of a civil suit gives the accusers much more power than the accused. This detail about Butch probably won't be the last detail floated out.

So now Tennessee is faced with a decision to go to court and possibly win. Which if we were being honest won't help our public image. People will say things like, "our justice system is flawed" "people were paid off". The public has already decided if Tennessee is guilty or not. The other choice is settle and get it out of the news so people can forget about it quicker.

Our legal system is very flawed in terms of civil suits. I believe civil suits should be held confidential unless they are found guilty in the end so that the integrity of the system can be preserved.
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Agree. Now if we could get the various trial lawyers associations to agree and quit padding the politicians' pockets we may be on to something.
 
#1,056
#1,056
Volnerd said:
After reading everything I can stand to read, I have concluded this:

This lawsuit was filed by some people who are mad at Dave Hart. They are trying to get even with him and are dragging a bunch of people through the mud to get publicity and hopefully some money. Hart likes a fight, so this will probably drag out for a couple of years, damaging our programs in the process. This is sad, but I don't think his ego will allow him to do anything else. He could damage the university more than all the bad coaches we have had added together.
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Hart will have no say in whether we fight this or not.
 
#1,057
#1,057
itsme said:
I despise false litigation. I am coming around on if someone files falsely, they should be prosecuted. Crap cases overwhelm the court systems and there are a lot of people who try to live off of it.
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It's simple, make the loser pay the winner's legal expenses. If the plaintiff can't afford it the law firm pays it. Frivolous lawsuits would disappear over night.
 
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#1,059
#1,059
We may not win the court of public opinion

But by God we could win for principle. I would not allow a few looking for a money grab to deter this great university or its many faculty and students.


Go Vols
 
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#1,060
#1,060
For some reason I keep hearing "The Cleanup Song" by Shari Sloane in my head. I guess because they play it at the end of the day to clean the mess up at my grandson's daycare. Instead of a day it's been a decade at UT. :crazy:
 
#1,061
#1,061
InVOLuntary said:
It's simple, make the loser pay the winner's legal expenses. If the plaintiff can't afford it the law firm pays it. Frivolous lawsuits would disappear over night.
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You can make them pay your fees by suing them as well. Problem is no public organization wants the headline, "University of Tennessee sues alleged sexual assault victims"
 
#1,062
#1,062
Honestly at this point there is so much slander thrown out from plaintiffs that they are making it to where TN probably has no choice but to fight to reclaim their name. They better hope they have something of substance because if TN is adamant they are fighting back then they feel pretty strongly about their side of things. TN has outstanding law team that even the recent lawsuit settlement lawyer said they know more than you so you better know your stuff or you will be exposed.

I'd bet there are a lot of schools around country hoping one day some school stands up and wins against this garbage because if not it's about to be the Wild Wild West nationally. Women will be coming out of nowhere with allegations or previous suits wanting money for their damages
 
#1,063
#1,063
I can promise you our friends on West End are as bothered by this suit as we are. They know what's coming their way soon when the criminal case is finished for a second time.
 
#1,064
#1,064
InVOLuntary said:
It's simple, make the loser pay the winner's legal expenses. If the plaintiff can't afford it the law firm pays it. Frivolous lawsuits would disappear over night.
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This is the system we use in Canada. The result is suits like this don't get off the ground or they are taken very seriously. Your system is greenmail pure and simple.
 
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#1,065
#1,065
VOLout8 said:
You can make them pay your fees by suing them as well. Problem is no public organization wants the headline, "University of Tennessee sues alleged sexual assault victims"
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At this point, the entire country hates us anyway.

Release a statement "The University of Tennessee will not be held hostage by frivolous lawsuits. We are filing a counter suit to deter these types of suits in the future. The suit against those who filed is not about money. The University will establish a NFP for victims of sexual abuse. All proceeds from the counter suit will go this fund."
 
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#1,067
#1,067
Nashvegas31 said:
Honestly at this point there is so much slander thrown out from plaintiffs that they are making it to where TN probably has no choice but to fight to reclaim their name. They better hope they have something of substance because if TN is adamant they are fighting back then they feel pretty strongly about their side of things. TN has outstanding law team that even the recent lawsuit settlement lawyer said they know more than you so you better know your stuff or you will be exposed.

I'd bet there are a lot of schools around country hoping one day some school stands up and wins against this garbage because if not it's about to be the Wild Wild West nationally. Women will be coming out of nowhere with allegations or previous suits wanting money for their damages
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Due to social and traditional media, we're already past that. It's what makes this so disheartening to me. Unless every plaintiff comes out and says, "we made it up to try to get a big settlement" the damage to UTs name and reputation has already been done.

For those that have watched it, do you remember at the end of the Making a Murderer series where one of the guy's lawyers says something to the effect of, "in my mind, I almost hope that he did it, because I couldn't bear the thought of him being punished for this crime if he didn't do it?" If any hint of the allegations are true, it needs to be known and punished and corrected...hopefully we can all agree on that.

But, if the allegations are completely false, it's such a helpless feeling because the university, AD and fans are already serving the sentence as if it is all true.
 
#1,068
#1,068
jordan4vols said:
In my line of work I have dealings with lawyers on a daily basis. I can guarantee you that the attorney filing this suit cares little to nothing about the victims of alleged assaults. He wants his 1/3 of settlement proceeds.

Why was Peyton included? Simply for national media. If Peyton's name wasn't included how big of a story would this be? Everything done including adding two more football players to the lawsuit the day of the coaches press conference is calculated.

It saves the attorney unbelievable time and resources if UT would just settle. Which is why so much negative has been floated. Worse case scenario is UT fighting it. Which in the actions and responses of Butch Jones during each alleged assault they should.

Disappointing that people can't see this for what it is...a money grab by an attorney out of Nashville using those involved in alleged assaults as his pawns. Simple as that
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While I don't necessarily agree with the lawsuit, attorneys have a job to do just like everyone else. Some are to defend people, and some are to seek pain and suffering and damages for people who have been harmed. It's one thing to disagree with the suit, but it's another to make vast generalizations about the legal industry. One way or another, these things are resolved. If it's frivolous, then a court will end it. If there is a basis for it, then a judge or jury will hear the facts and apply the law.

Yes, I am sure they see dollar signs, but there is a cuase, and to flat out say that an attorney doesn't care for his clients is kind of short-sided. I deal with real people everyday, and they all have a story.
 
#1,070
#1,070
VOLout8 said:
You can make them pay your fees by suing them as well. Problem is no public organization wants the headline, "University of Tennessee sues alleged sexual assault victims"
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Id do it. But that's also because..

tumblr_m9aem43NNe1qmemweo2_250.gif
 
#1,071
#1,071
Some animosity towards lawyers in here. Everyone hates them until they need one.

LawyerVols I appreciate y'all. Y'all get a bad rap by the actions of a few (sounds familiar)
 
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#1,072
#1,072
volatil said:
Some animosity towards lawyers in here. Everyone hates them until they need one.

LawyerVols I appreciate y'all. Y'all get a bad rap by the actions of a few (sounds familiar)
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I hate lawyers. It has nothing to do with the fact that they are lawyers though. I hate everyone.
 
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#1,073
#1,073
volssam said:
If it goes to trial and UT wins, what does the lawyer make? And who pays him?


We are in dire need of some kind of litigation reform in this country. It is abused like crazy. And it ruins lives.
Click to expand...

Unless he required some sort of retainer fee (which I doubt because his clients are college students), then he gets nothing. It's most likely on a contingent fee. He is banking on some money coming in.
 
#1,074
#1,074
volatil said:
Some animosity towards lawyers in here. Everyone hates them until they need one.

LawyerVols I appreciate y'all. Y'all get a bad rap by the actions of a few (sounds familiar)
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I hate how we have some who are willing to destroy the integrity of Law to prop up their individual agenda. This whole affair reeks of it.
 
#1,075
#1,075
volatil said:
We may not win the court of public opinion

But by God we could win for principle. I would not allow a few looking for a money grab to deter this great university or its many faculty and students.


Go Vols
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Amen.

I had a "friend" (I use that term loosely but that's a whole other story) vilify MY university as having a cultural problem and, essentially, accused UT fans of rooting for a program that recruits nothing but thugs and sexual deviants. He's a Vandy fan. My [first] reply was "Tip McKenzie, Brandon Banks, Vandenburg, etc etc..."

I know I might be in the minority here but, my jimmies are not even close to being ruffeled. If there's one thing consistent among liars versus those who tell the truth it's that liar's stories change while the truth remains a constant. See where I'm going?

Until our coaches and/or admin change their tune, I'm good but, so far, they've remained steadfast in that they've done everything according to how it should be done.

So I'm just going to sit back and be like...:
 

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