Should the case be settled?

[G8R8U2]

This whole talk of settlements pisses me off. Settlements make sense when the issue at hand is a business conflict, or an auto accident where the plaintiff has medical bills, lost time at work, etc. In my opinion, anyone who takes a settlement after screaming rape is full of crap. Not that I think UT is perfect and above all reproach, but my opinion is that this is purely a convenient money grab.

If I was a woman and I was raped, I would want JUSTICE, not money. I would want all those involved, or looked the other way to BURN, not get off by cutting a check that is peanuts relative to the amount of $ they have.

Complete BS

To be fair, I don't think any of the actual accusers have come out and said anything about settlements; these are just hypothetical questions and possibilities posed by message board posters.

Who knows what any of them actually want or value most; some may not care about money at all and just want justice.

Right or wrong, money often becomes a focus when attorneys get involved; but, of course, attorneys, like anyone else, don't typically work for free.

What true victims would say is, attorneys never had to and never would have gotten involved had the school handled assaults properly.

 

[2ez2dv8]

?

A resounding NO

 

[Geter Gowen]

I will get "flamed" for this, but....

Never negotiate with terrorists.

If the university believes these claims are false or in any way an attempt at extortion, then settling only invites more such attempts in the future. Hold the line - worse in short term, better in long.

Now, if the university knows some "truth" we all don't, then they may be wise to take the settlement and run - taking steps to ensure this never needs to happen again.

AV

This is the most intelligent post I've read on here ever.

 

[orangeluvr]

Be our luck the jury is 100% vandy alums.

 

[alexbond45]

First, understand that although over the years I needle you about our rivalry, and look forward to doing so for another decade once we get past this little blip when you surely beat us this year, this is a very serious matter. I do not take lightly that I am posting this as a rival fan, and am just speaking personally.

I do think you should settle and this is what I said in another thread about my own experience with lawsuits:

I'm very familiar with the circle the wagons mentality. I've been dealing with it for 20 years. In my experience, it feels great for the first 1/3rd of the time you are dealing with it, "its us against the world!"; lousy the second 1/3rd, "how could you do this to us?"!; and then pretty empty the last 1/3rd, "should have nipped this in the bud when we had the chance."

No, if we settle now then UTAD is basically admitting that the plaintiffs are in the right.

 

[G8R8U2]

Actually, it's the opposite. It makes it more likely. They can heap stories upon stories. The intent is for it not to go to court. Embarrass the school into settling, to stop the stories. Lawyers say it's a money grab. A judge has said it's a money grab. Legally, with the way Title IX is set up, there is nothing that can be done about it.

What attorneys and judges have said this specific case is a money-grab?

And it doesn't matter one bit if they heap stories upon stories if none of them are true; if UT finds false statements or details disproving cases they simply refuse to settle with those individuals.

In my experience it's pretty rare for an attorney to agree to represent someone in a case of this magnitude if there's no truth to her story whatsoever.

First, they're probably working on a contingency basis; so even if self-interest is more important to him than justice for his client, there's no money in obviously flawed or compromised cases... he would be paying out of pocket all the costs associated with making and bringing a case, which are substantial, with no chance of recouping any of that money, much less getting paid for it.

 

[feathersax]

Figures a lawyer would recommend the coward way out.

"We're comin' out!"

 

[Boca Vol]

IMO UT needs to settle this.

It's not a matter of guilty or not guilty, that time has passed. UT looks guilty (of something) in the public's eye. Taking this to trial will take years. This is not a quick trial/judgement scenario.

A.J. & Michael Williams trial isn't until this Summer...nearly 2 years after the incident...and that was a single incident. The discovery phase will take a long, long time in the UT suit as it spans over a much greater time and include more people.

Does it make UT look guilty if they settle? Sort of. A lot of people already assume that anyway. 3,4,5 years down the road (if this goes to trial) and UT "wins", so what? The media won't care. They'll hardly remember the sh&tstorm they've stirred up.

 

[DjVFL0773]

What attorneys and judges have said this specific case is a money-grab?

And it doesn't matter one bit if they heap stories upon stories if none of them are true; if UT finds false statements or details disproving cases they simply refuse to settle with those individuals.

In my experience it's pretty rare for an attorney to agree to represent someone in a case of this magnitude if there's no truth to her story whatsoever.

First, they're probably working on a contingency basis; so even if self-interest is more important to him than justice for his client, there's no money in obviously flawed or compromised cases... he would be paying out of pocket all the costs associated with making and bringing a case, which are substantial, with no chance of recouping any of that money, much less getting paid for it.

Yes, but universities have a 100% track record of settling out of court. With those odds what scumbag lawyer wouldn't take the case? Regardless of facts! If UT stands strong and goes thru trial I think the plaintiffs will drop the case. Y'all will see in July when AJ drops his bombs on the Jury... If they allow the text messages in to discovery it's curtains for the whole Title IX lawsuit.

 

[ReaderVol]

I just said it's not 100% true. Of course the allegations are painting UT in the worst light possible. That said, I don't have the orange sunglasses on, crying that UT is somehow the victim here.

UT has phenomenal legal help in this matter. If they didn't think UT was going to be able to handle this by fighting it they would advise to settle. Besides none of us know the amount of $ being asked for to settle. May be way to much and UT launching salvos back to show they will stick to their guns. It's a legal game of chicken with very high stakes.

 

[ReaderVol]

Yes, but universities have a 100% track record of settling out of court. With those odds what scumbag lawyer wouldn't take the case? Regardless of facts! If UT stands strong and goes thru trial I think the plaintiffs will drop the case. Y'all will see in July when AJ drops his bombs on the Jury... If they allow the text messages in to discovery it's curtains for the whole Title IX lawsuit.

It would definitely be a bombshell to their suit and I fully expect they will be admitted once it shown via records who the texts were from.
We may be sick of this already but time isn't necessarily our enemy.

 

[StillStanding]

UT has phenomenal legal help in this matter. If they didn't think UT was going to be able to handle this by fighting it they would advise to settle. Besides none of us know the amount of $ being asked for to settle. May be way to much and UT launching salvos back to show they will stick to their guns. It's a legal game of chicken with very high stakes.

I wouldn't be surprised if there is a second and third wave of press conferences by UT with evidence to discredit the plaintiffs and their allegations. This is becoming trial by media because of how this whole mess effects recruiting. After a couple of counter punches, I expect a settlement where the plaintiffs walk away with lots of cash, and all evidence and lips are sealed.

 

[Titan&Volfan4life]

I say NO WAY!

Force the accusers and their legal team to earn every penny.

Under oath in a courtroom anything can happen at any minute.

As our DC says...Pressure busts pipes.

No matter how well their legal team attempts to prepare them the pressure being on the witness stand will be unreal to these accusers.

They will know beyond any doubt that if they get caught telling a lie under oath that going to jail is a serious reality.

A well trained, experienced attorney can trick you in so many ways it's unreal.

Just 1 little mistake by a accuser can get the entire case tossed right out the door.

Smart, experienced, slick and tricky attorneys get guilty people off and set free on a daily basis in our country and you can bet that the legal team UT has will be top rung.

Settle and the stench stays around UT forever and that will encourage more gold diggers to try to setup more players at every opportunity.

UT has lots of coaches and all of them can have a Press conference at any time.

Win and then let coach after coach rehash that Win over and over again to keep the good PR rolling until the public knows for a fact that all of this is a total money grabbing effort.

Stand strong and fight!

Team 120, Building a Champion WIN by WIN...VFL...GBO!!!

 

[lawgator1]

No, if we settle now then UTAD is basically admitting that the plaintiffs are in the right.

What if you can settle now for $5 million? Announce it and announce you are also creating an oversight committee that will be independent and make recommendations so that such problems are avoided in the future?

That hurts, but it fades, and you can even get some kudos from media and what not about the committee and how you took it seriously.

You fight like heck to get better (couldn't resist) and try the case. Takes three years to get to trial. All the while there's leaks and public statements about what has come out, none of it good for you. It hangs over your head for those three years, always wondering what news is going to break next. It hurts recruiting. It drives a wedge between the athletic department and at least some of the students and alumni. It created doubt.

Then you either settle at the last second for $10 million. Or you try it.

If you win on all claims, sweet vindication. But the damage to your reputation is done already. People still wonder. Recruiting is in the toilet.

And if you lose, its $30 million, plus another $15 million in fees to the other side, and you've spent $10 million on your own end. And its a setback to the program that takes a decade or more to overcome.

 

[Boca Vol]

What if you can settle now for $5 million? Announce it and announce you are also creating an oversight committee that will be independent and make recommendations so that such problems are avoided in the future?

That hurts, but it fades, and you can even get some kudos from media and what not about the committee and how you took it seriously.

You fight like heck to get better (couldn't resist) and try the case. Takes three years to get to trial. All the while there's leaks and public statements about what has come out, none of it good for you. It hangs over your head for those three years, always wondering what news is going to break next. It hurts recruiting. It drives a wedge between the athletic department and at least some of the students and alumni. It created doubt.

Then you either settle at the last second for $10 million. Or you try it.

If you win on all claims, sweet vindication. But the damage to your reputation is done already. People still wonder. Recruiting is in the toilet.

And if you lose, its $30 million, plus another $15 million in fees to the other side, and you've spent $10 million on your own end. And its a setback to the program that takes a decade or more to overcome.

Fighting to be "right" can be very expensive!

 

[Catbone]

I will get "flamed" for this, but....

Never negotiate with terrorists.

AV

Lol classy.

 

[terrypedigo]

We got to settle this quick and move on, we don't need this to drag on for 2 year's now i am looking at it from a football point, you know there is some truth to the story, just move on and get this s@it out of the way, i think everyone has learned a lesson from this this is the year 2016 not 1986, all must understand if you are playing sports at a college anywhere any male better keep his hands to himself or this will happen the days are over where you can hide it or sweep it under the rug, this day and time if you wink at a woman your azz is going to JAIL if you are a sports figure, its all about the money and some getting there 15 minutes of fame, just like peyton back in 96 if he did do what they say he did it was consider a joke today your azz will go to jail.

 

[BaldBiker]

What attorneys and judges have said this specific case is a money-grab?

And it doesn't matter one bit if they heap stories upon stories if none of them are true; if UT finds false statements or details disproving cases they simply refuse to settle with those individuals.

In my experience it's pretty rare for an attorney to agree to represent someone in a case of this magnitude if there's no truth to her story whatsoever.

First, they're probably working on a contingency basis; so even if self-interest is more important to him than justice for his client, there's no money in obviously flawed or compromised cases... he would be paying out of pocket all the costs associated with making and bringing a case, which are substantial, with no chance of recouping any of that money, much less getting paid for it.

I don't remember the names. They were mentioned on the radio yesterday.

What is your experience? Curious question. Not being snarky.

The bolded would appear to be the case here right? UT said they are fighting it. Seems they feel they have found false statements then right?

 

[madbamahater]

What if you can settle now for $5 million? Announce it and announce you are also creating an oversight committee that will be independent and make recommendations so that such problems are avoided in the future?

That hurts, but it fades, and you can even get some kudos from media and what not about the committee and how you took it seriously.

You fight like heck to get better (couldn't resist) and try the case. Takes three years to get to trial. All the while there's leaks and public statements about what has come out, none of it good for you. It hangs over your head for those three years, always wondering what news is going to break next. It hurts recruiting. It drives a wedge between the athletic department and at least some of the students and alumni. It created doubt.

Then you either settle at the last second for $10 million. Or you try it.

If you win on all claims, sweet vindication. But the damage to your reputation is done already. People still wonder. Recruiting is in the toilet.

And if you lose, its $30 million, plus another $15 million in fees to the other side, and you've spent $10 million on your own end. And its a setback to the program that takes a decade or more to overcome.

I would say that based on the allegations and the seriousness of them, you just can't settle. Take it to court. They are accusing Hart and Jones of serious allegations and especially Cheek (by saying he purposefully stepped in and derailed the investigations and reduced or dismissed punishments)

These aren't stolen crab leg allegations. These are ruin your life, reputation and professional reputation (career) allegations.

 

[illinoisvolfan1]

I say settle and get it gone. I've been involved in several lawsuits at work over the years and the longer this drags out the worse it will get. You can settle and keep the terms confidential. Likely be cheaper too.

 

[fester]

A good question, but nobody here is in a position to make that determination.
It depends on the merits of the case. Only those involved really know.

Who will be deciding - juries or a judge? Judges make political decisions to protect themselves, while juries have no political motives and can be trusted to protect civil rights of the falsely accused. Feminists generally inflict terror via family or domestic courts where self-serving judges make decisions without juries. Judges routinely violate the civil rights of men on behalf of deranged women in order to cover their own political butts. Attorneys make loads of money on the corruption and carnage. They don't care about the massive civil rights violations. It's a huge racket.

Things like low burden of proof, feminist corruption of law, political correctness and such can be daunting - even if innocent. Yet, IF no wrongdoing actually occurred, capitulating would invite more feminist terrorism.

Unfortunately, with the debased culture and depraved sexual morality mainstreamed in society today, I see a high probability of amoral sexual predators being recruited accidentally, then behaving likewise on campus.

Just a mess.

 

[ksgovols]

No way UT settles before AJ and Williams trial. Wouldn't settling now throw these guys directly under the bus?

This is a negotiation of sorts. Throwing crap up against a wall to see how much of it will stick is an old tactic. UT has time to call their bluff, see what happens in the criminal trials and what sort of damage comes out of that to either side of the civil case and then decide whether to fold up and settle or continue fighting. In the end there will be some sort of negotiated settlement. UT is whittling down the amount.

I would imagine the rest of the NCAA schools would chip in a little to keep UT in the game long enough to reduce the settlement to a more palatable figure. There's a flood gate being opened and every school is being measured for maximum payout by attorneys all over the country. Name the school with the perfect system for preventing rape on campus. If they're not perfect and things can't be improved upon, how do female students managed to get sexually assaulted on university property?

 

[JohnD13]

Wow no wonder you're an ambulance chaser. Without knowing all the evidence you make a decision?
Should UT settle? Depends on all the information.

Unfortunately, the "information" means nothing here. You are dealing with a public institution and public employees. People make mistakes. Return a phone call tomorrow instead of today, lose an e-mail, etc... This is a lawsuit so it's not about right vs wrong. it's about convincing a judge and heaven help you if you get the wrong judge....

So go ahead and blindly say fight not settle...worst mistake the university could make IMHO

 

[JohnD13]

.... while juries have no political motives and can be trusted to protect civil rights of the falsely accused.

LOL ever been in front of a jury? I do expert witness work and you are so far off base it's not even funny...

 

[KBVol]

One thing to consider is the number of plaintiffs; that makes potential awards so much more substantial.

It also tends to make these claims of money-grabbing less likely. 1 girl being immoral and bold enough to take on a major state university and its legal team by running a long con like this, complete with dates and times that can't be disproved? Okay, maybe.

3 or 4 girls with similar stories, also with the nerve to do it, and also with dates and times that align with their version of events? Getting in more rarefied air here; it only takes 1 instance of a plaintiff's story being impossible because there's a record of the accused being elsewhere when she claims the incident took place to disqualify her as a client or witness. And you can bet their legal teams' investigators are checking out every minute detail of their stories, because no attorney likes surprises.

6 to 8 girls willing to go through all this; all of them vetted and the veracity of their stories scrutinized by the lawyers and their investigators? Doesn't seem likely that they could all be hustling and have unimpeachable accounts.

Perhaps that's why there's been no settlement talk yet; the school is probably doing their own investigation to try and determine how strong each plaintiff's case is, and which, if any, can be disproved before even discussing settlements or trials.

One quick thought. The most recent "Jane Doe" is the girl who didn't want to press charges against Alexis Johnson last week.....and she has no experience with the University's procedures in place regarding accusations of sexual assault. So, I wouldn't exactly say she's been vetted or scrutinized or anything else for that matter. So, if that's the case with her, doesn't that weaken the idea that all the other Jane Does are above reproach with regards to their veracity?