Yawn.
Let me know when something concrete ever comes out of this.
Equally important and being misreported everywhere within the media, is that the person propounding the Request for Admission does not by propounding it allege that it is true, but rather, is suggesting it might be true and it might support their case if it were. It is being widely reported, including on the main page of DBR, as an allegation.
GTHC
Yawn.
Let me know when something concrete ever comes out of this.
And, because it is not an allegation or a pleading , the attorney serving the requests faces no repercussions for the insinuations being utterly baseless or frivolous. (Although they could face ethics blowback if they publicized the RFAs - which rarely see the light of day - to get an upper hand in the lawsuit.) At least an attorney who makes allegations in a complaint with no factual basis must account for the theoretical possibility of sanctions.
I'm sorry, what about my post sounds naive? Being pro "pay the players?" Or saying that I will be profoundly disappointed if proof comes out the Duke has been in any way unclean?
I expect out program to play fair. If we don't, we can no longer put our noses in the air with Kentucky or UNC. I want our team to be good. I want them to follow the rules.
To me, following the rules comes first. It will have a massive impact on my perception of Duke basketball if they were in any way complicit in wrongdoing. Feel free to search my post history for me stating anything otherwise.
I was also skeptical of Bagley's signing at the time. Nothing from that even had proven to implicate Duke, but if it did, I would also be extremely upset.
I want out team to compete at the highest level within the scope of the rules.
Sage Grouse
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'When I got on the bus for my first road game at Duke, I saw that every player was carrying textbooks or laptops. I coached in the SEC for 25 years, and I had never seen that before, not even once.' - David Cutcliffe to Duke alumni in Washington, DC, June 2013
Willie Gary, now there is a blast from the past. Willie Gary was brought in by Crystal Mangum’s putative local counsel, Mark Simeon to lead the planned civil suit that was to follow the criminal case in the Lacrosse Hoax. One largely overlooked aspect of the Lacrosse Hoax was that the criminal case was in many respects meant to be an infomercial for the civil suit. This effort foundered not only because the criminal case went nowhere, but because Simeon was mostly working with Mangum’s family and Mangum herself was MIA and/or not speaking to them.
I have not kept up with Gary’s further adventures, but my recollection of his website at the time was that it featured his conspicuous wealth, including his private plane “The Wings of Justice.” The message to prospective clients seemed to be that Gary knows how to find piles of money and, perhaps, he could help you find a pile of money.
He seemed to be a good negotiator. By the time of the Lacrosse Hoax, he had negotiated huge settlements in the range of tens or hundreds of millions of dollars against seemingly compromised defendants. I was kind of curious as to what would happen if he was placed in a courtroom and actually required to litigate a case. I have the same curiosity in this case. Perhaps when his case gets dismissed in Florida and he finally gets to fly up to North Carolina on the Wings of Justice (if he still has it) we can find out.
That you for your post, Thurber. Why would Gina Ford engage a flamboyant plaintiff's attorney like Mr. Gary for her case, which is essentially a dispute over conflicting contracts? Wouldn't you want a top-notch business attorney with a strong background in entertainment and representation contracts? Then, presumably, the pile generated by Zion gets divided -- or Zion gets to pay each agent twice for some of the services.
The entry of Willie Gary suggests the primary objective is to sue for damages from Williamson or from CAA, perhaps on the basis of"bad faith" by or other claims against Zion or CAA that a jury would decide. That approach suggests that Ms. Ford's earlier agreement with Zion would not be ruled valid in North Carolina, which seems to have strict laws governing athlete-agent agreements, especially when the athlete is a college player. Some stuff, I recall, has been raised about her qualifications to represent athletes in North Carolina
Also, is this case still being brought in Florida? I am sure that Zion and CAA are trying to get it to a more appropriate venue (friendlier), whether in NC or federal court
Sage Grouse
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'When I got on the bus for my first road game at Duke, I saw that every player was carrying textbooks or laptops. I coached in the SEC for 25 years, and I had never seen that before, not even once.' - David Cutcliffe to Duke alumni in Washington, DC, June 2013
Seeing the words "Coach K could be deposed"...Huh?++++++++++++++++++
Daneil Wallach, the legal analyst, attorney, and contributor to The Athletic, had an interesting response to Pat Forde on twitter after the Forde article was posted to SI.
This is looking a lot more like a publicity stunt than an actual case. It should also be a tell that Coach K and Duke have not issued a statement about the situation as far as I have seen.Gina Ford’s attorneys are full of it.
Here’s why.
- the discovery was filed in a FL lawsuit that’s on appeal and is stayed as to Zion. No response required.
- No discovery can occur in NC until a scheduling order is entered.
- Relevancy battles loom.
I’ll take the over.
Also, Coach K (a non-party to the litigation) is beyond the subpoena power of a Florida court, and Ford’s attorneys will have to seek a special commission issued by a NC court to compel his testimony in Florida.
Some cases are fought in a court of law, some in the court of public opinion.
This seems to be the latter, not the former.
When I see someone file a 100-page complaint, I know it's for show. When someone files a five or ten page complaint, as a defense lawyer I worry.
If the average 30-year fixed mortgage rate across the entire U.S. is currently 3.26%, according to St. Louis Fed data, it's hard for me to foresee banks slapping a "very, very unhealthy interest rate" on a Top-3 college basketball recruit attending Duke University with a 40+ inch vertical. While such a loan is likely not secured against any collateral, it's hard for me to envision a safer investment. But I could be wrong.
- Chillin
On the front page of DBR there is a reference to an article in Forbes and how lawyers could refer to point 12(f). I believe that is incorrect...it is 9f.