Should the case be settled?

Should the case be settled?

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#76
#76
The damage to UT's reputation is real, the damage that would result from a settlement would be far worse. If we did zero wrong, then it will be demonstrated in open court. If we did something wrong, it will be incumbent upon the plaintiffs to demonstrate this with a preponderance of evidence, this will be almost impossible if we didn't do anything wrong. The only reason we'd be willing to settle "out of court" is because bad (criminal) conduct was done by us, and our legal team believes the plaintiffs will be able to demonstrate this in court. A talk of a settlement is bad news for UT. As so many have pointed out, there isn't Any truth to the claims, none what so ever, any settlement would just invite more low life scum, with nothing better to do, than to sit around and concoct these wild stories, with the intent of collecting a settlement to file a lawsuit of their own.
 
#77
#77
KBVol said:
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?
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Exactly, even VP's accuser is a party to the lawsuit. That case was not prosecuted by the DA for lack of evidence. If the DA came to that conclusion, would it also not stand to reason that the University would come to the same conclusion? He was held out of Athletic activities while he was being investigated. Even after he was cleared he was still being investigated by the University. I don't know what else the accusers expect the University to do to someone that is only accused of a crime. The accused also have rights.
 
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#78
#78
KBVol said:
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?
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+1000

People were saying when it all happened that she would be added. It just didn't make any sense. It screams set-up. The whole situation was weird anyway. Play fighting would account for any perceived injuries. She had a relationship with him. Didn't want to press charges. Didn't allow time for any kind of school procedure. Adding herself to the lawsuit really shows it for what it is. Nothing but a ploy to extort money while attempting to ruin TN's reputation. To me, it makes their case much weaker.

Adding Pearson also. What could they possibly have done wrong in that case unless you count unfairly taking away his education over nothing more than an accusation. One of which he was cleared by lack of corroborating DNA evidence. These lawyers are so full of s***, it isn't funny.
 
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#79
#79
UT is going to file an Answer soon, probably within the next 3 weeks. In that Answer UT will address every allegation so I am interested and looking forward to seeing it. There is also no doubt that UT will file a Motion for Summary Judgment at some point, probably after a round of discovery. Basically an MSJ is asking the court to throw out the lawsuit based on the evidence presented at the time of the filing of the MSJ. Along with the MSJ there will be a brief filed with it. That is where UT will lay out the evidence and why it feels the case should be dismissed. The Plaintiffs will file a response, there will be a hearing and then the judge will make a ruling. In 2014 Northwestern "won" a Title IX case by receiving Summary Judgment so it can happen. If the judge does not grant Summary Judgment that doesn't mean UT is "guilty" though. It just means he/she feels there is an question of fact that needs to be decided by a jury.

But through it all, UT and the plaintiffs attorney will be reevaluating if they should settle or not. Settling will always be an option but it is not a 100% guarantee. I do think it will settle at some point, I do not think this will ever go to a jury. I doubt it will settle before UT files an MSJ though.
 
#80
#80
Should fans of rival teams be allowed to start threads in the football forum?

Yes
**** No :)

10847031.jpg




I'm JK most of the rival fans on this site are good posters
 
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#81
#81
Kristy* said:
+1000

People were saying when it all happened that she would be added. It just didn't make any sense. It screams set-up. The whole situation was weird anyway. Play fighting would account for any perceived injuries. She had a relationship with him. Didn't want to press charges. Didn't allow time for any kind of school procedure. Adding herself to the lawsuit really shows it for what it is. Nothing but a ploy to extort money while attempting to ruin TN's reputation. To me, it makes their case much weaker.

Adding Pearson also. What could they possibly have done wrong in that case unless you count unfairly taking away his education over nothing more than an accusation. One of which he was cleared by lack of corroborating DNA evidence. These lawyers are so full of s***, it isn't funny.
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Without knowing the full details of any of these circumstances at this point in time it would appear, at least to me, that Pearson has a better case against UT than the plaintiffs in this case. JMO and speculation though.
 
#82
#82
Let me ask one of the lawyers this question, say UT waits and AJ/Williams are found not guilty, then UT can offer a substantially lower settlement, and put in place guidelines to make sure a "culture" of rape is no longer available on campus, will that prevent any further lawsuits against the school?
 
#83
#83
I say no. If we settle then I see others at future date say pay me. If we win then people may thing this was too costly to try this lottery.
 
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#84
#84
BaldBiker said:
Without knowing the full details of any of these circumstances at this point in time it would appear, at least to me, that Pearson has a better case against UT than the plaintiffs in this case. JMO and speculation though.
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Absolutely he could have! Fortunately, he doesn't seem like the type willing to stoop to that level. Although it would really illustrate the major flaws with Title IX.
 
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#86
#86
triad280 said:
Let me ask one of the lawyers this question, say UT waits and AJ/Williams are found not guilty, then UT can offer a substantially lower settlement, and put in place guidelines to make sure a "culture" of rape is no longer available on campus, will that prevent any further lawsuits against the school?
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I personally do not think the criminal trial will affect the outcome of the current Title IX lawsuit either for or against. The plaintiffs are saying a "culture" hostile to women exists. It could be argued that by just having the players charged proves that fact. I am not involved in the matter though and have only read the Complaint so I do not know what either side has as to proof.

My personal opinion is that as long as Title IX requires a school to investigate an alleged sexual assault then any school will never be able to prevent further lawsuits.
 
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#87
#87
Daddy Gee said:
Yes. Not settling means Tennessee's name will show up for the next year on ESPN, SI, Twitter, Facebook, etc. Tennessee's reputation will be tried in the court of media and social media. It will be a bad look for us.
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Yup, only people in Tennessee want Sex, if you go to Akron you are safe from harm! JP is correct is his comment, the damage has been done. All you have to do these past few years is say something, whether it is factual or not, and individuals will raise doubt. It is disgusting but where we are as a society. The problem here is, I voted to not settle, but as most of you, I only know bits and pieces. I am Big Orange no matter what happens but at this point if you feel you have done the right thing to not bend over, fight for what is right.
 
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#90
#90
lawgator1 said:
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."
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There really is no way to answer this without knowing more of the specifics and details about what the plaintiffs are asking for. I think based on what little I know about lawyers -- huge egos on each side - they are probably asking for $20 billion or more - Tennessee is probably using the same team that advised Bruce Pearl about his bar b q, so what could go wrong?.
 
#92
#92
For those interested. This is the biography on the attorney representing UT. Great attorney.

William T. Ramsey joined Neal & Harwell in 1981. The primary focus of his practice is complex civil and criminal litigation. He also has a significant entertainment law practice representing artists and entertainers. He is admitted to practice before the United States Supreme Court, all federal and state courts in Tennessee, and many other federal circuit courts of appeals.

Mr. Ramsey has represented a variety of defendants in federal white-collar prosecutions and investigations, including bank, health care, securities, tax and mail and wire fraud cases. His extensive civil jury trial experience includes cases involving personal injury, business torts, computer and technology litigation, and complex commercial transactions. His practice also encompasses securities litigation and securities and business dispute arbitration, as both arbitrator and advocate.

He is responsible for the design, implementation and operation of all technology systems at Neal & Harwell and has lectured extensively on the use of technology in the practice of law, litigation involving computers and technology, and the impact of the Internet on litigation and general law practice.

Mr. Ramsey was a law clerk for The Honorable Harry Phillips of the United States Court of Appeals for the Sixth Circuit prior to joining Neal & Harwell.

Mr. Ramsey graduated in 1973 from Georgia Institute of Technology with high honors in Mechanical Engineering. He received his J.D. degree in 1980 from the University of Tennessee College of Law, where he was a member of the Order of the Coif and Law Review. He was awarded the Michie Law Publishing Award for graduating first in his law school class.

Notable/Representative Cases (or Clients)

Per Aarsleff, A/S (patent and royalty litigation for Danish company)
Careall, Inc. (Healthcare litigation)
Bobby Price and Price's Collision Center
Abbot v. Chesley, et al. (Action to recover funds wrongfully paid to attorneys in Fen-Phen litigation)
Garth Brooks (Business dispute)
Tim McGraw (Recording contract dispute)
 
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#94
#94
titansvolsfaninga said:
I think they have hit UT with their best shot. They don't have a bullet left. UT didn't flinch. It's time for the legal department at UT to earn their pay.
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Not too sure UT legal department has covered themselves in glory over previous issues (Peyton, Pearl, Womens' AD, etc.). Need to hire top line competent attorneys in this area of expertise, even if we have to go to another city or state to get them.
 
#95
#95
triad280 said:
Let me ask one of the lawyers this question, say UT waits and AJ/Williams are found not guilty, then UT can offer a substantially lower settlement, and put in place guidelines to make sure a "culture" of rape is no longer available on campus, will that prevent any further lawsuits against the school?
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Not a lawyer.

It would help somewhat with the perception, but most of this stuff is not related to just current events.

I don't think it prevents further lawsuits from coming up. If UT wins the suit it may help diffuse some of the trash suits in the future. "All" is too much to expect.
 
#96
#96
JohnD13 said:
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
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I didn't say to blindly not settle. Quite often even if you plan to settle you work the situation to get better footing for a future settlement. Trust me, I know what I'm talking about here.
 
#97
#97
Those saying fight it need to look up the term preponderance of the evidence.

All it will take is a sympathetic judge or jury to the plaintiffs and UT will be paying a lot more being at their mercy than a settlement.

This thing has already all but been lost in the court of public opinion. It's about triage at this point and mitigating the damage.
 
#99
#99
Last time I'm dropping these nuggets. Take them for what you will. They're from a Vandy poster from their website, so consider the source. (Most of their fans are loving what's happening to us.) The title of the thread made these seem pertinent enough.

I do not have access to sealed documents. I do have a first hand account of of how everything played out,and this will never make it to court. The plaintiffs lawyers don't want it, nor do the plaintiffs. UT's council is chomping at the bit for this to go to court.
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I don't the plaintiff's lawyers are worried about perjury,and may be condoning it. Time will tell folks,just be patient.
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#100
#100
NashLawVol said:
I personally do not think the criminal trial will affect the outcome of the current Title IX lawsuit either for or against. The plaintiffs are saying a "culture" hostile to women exists. It could be argued that by just having the players charged proves that fact. I am not involved in the matter though and have only read the Complaint so I do not know what either side has as to proof.

My personal opinion is that as long as Title IX requires a school to investigate an alleged sexual assault then any school will never be able to prevent further lawsuits.
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Thanks for the answer NashLawVol... I was curious if that might be the thinking of the law team for UT, but I can see it definitely isn't... :)

I knew Title IX was a screwed up law that can be used in a number of different ways it was never intended for, but thought if they went by a judge's recommendations that could stop future lawsuits. Ignorance of the law is no excuse on my part, but I'm claiming ignorance... Lol
 
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