Lawsuit

[Dane96]

12 minutes ago, BestDaneSinceHamlet said:

This is not a political statement, but a statement of fact about our world right now:

That this was covered in the NY Post, one of the most conservative leaning "newspapers" in the country, means that this thing is not going to go away and is going to be used as a litmus test/bellwether for university race relations/white privilege/inequitable treatment (etc, you get the point) by a lot of the squawking heads who populate that sphere.  20 bucks says this thing goes national and is used as a wedge in some circles.

Regardless how this turns out, because people are convicted by the reaction to the media, or by some in the media, this ain't gonna be good for the school.

Crap.

 

 

 

Bingo...we have a winner.  Especially because this was literally just on the Supreme Court's fall docket with respect to the constitutionality of Affirmative Action being used in colleges.  

 

[BestDaneSinceHamlet]

5 minutes ago, Dane96 said:

Bingo...we have a winner.  Especially because this was literally just on the Supreme Court's fall docket with respect to the constitutionality of Affirmative Action being used in colleges.  

 

I'm not sure its going to be used in that context, which is a perfectly fine conversation if had honestly and reasonably.  It's going to be more used as a totem for the lunacy of "white replacement" and "white grievance" on one side and a biased defense of a suspect on the other, without knowledge of the real goings-on.  

And the outrage continues...

[dslyank]

19 hours ago, godanesgo99 said:

[Quote]Sometime after the incident, the complaint states, Killings told the team in the locker room that he struck Fizulich because he wanted him to “play angry, and he wanted the whole team to play angry.”[/Quote]

 

This was a  "claim" by a Fiz lawyer. Writing this stuff in the paper and here, it should be made clear if it's an accusation or a fact. Agree with 96, the depositions under oath; especially those that collaborate are ALL that is important at this point. Get the facts--move on from there

Edited November 17, 2022 by dslyank

[Dane96]

8 minutes ago, BestDaneSinceHamlet said:

I'm not sure its going to be used in that context, which is a perfectly fine conversation if had honestly and reasonably.  It's going to be more used as a totem for the lunacy of "white replacement" and "white grievance" on one side and a biased defense of a suspect on the other, without knowledge of the real goings-on.  

And the outrage continues...

Completely agree.  Your point is the starting point and most wont be able to have a nuanced conversation on the subject. And that means things like the affirmative action aspect of universities will be brought into the mix as a bigger picture top down point of view   

it is just a bad look and self inflicted wound by UA   

Edited November 17, 2022 by Dane96

[dslyank]

15 hours ago, Eli said:

So this didn't happen in a hype circle as we were previously told? 

Do not know if this is NOT true. This is still the story and ON RECORD until somebody proves differently.

[Dane96]

2 minutes ago, dslyank said:

This was a  "claim" by a Fiz lawyer. Writing this stuff in the paper and her, it should be made clear if it's an accusation or a fact. Agree with 96, the depositions under oath; especially those that collaborate are ALL that is important at this point. Get the facts--move on from there

Precisely why i think the University settles prior to depositions.  You pay your insurance deductible and you move on from there. The interesting thing will be to see the nature of the claim against Benson and killings specifically. Will they be covered under the universities professional liability insurance is the key.  If they are, it makes sense to simply just settle immediately on a sum that is somewhat reasonable. At worst the University’s insurance premium goes up in the next cycle. It’s exactly what I would advise the University to do if I was their general counsel.  
 

let’s be honest with ourselves. Luke is not looking for justice. He’s looking for a pay out.

[godanesgo99]

1 minute ago, Dane96 said:

 

let’s be honest with ourselves. Luke is not looking for justice. He’s looking for a pay out.

If this is the case, I hope he gets nothing even if he deserves it all.

Lawyers and lawsuits are the backbone of our society and threats of legal action are what makes our system work. People just looking for a payout ruin it for all.

[Dane96]

12 minutes ago, godanesgo99 said:

If this is the case, I hope he gets nothing even if he deserves it all.

Lawyers and lawsuits are the backbone of our society and threats of legal action are what makes our system work. People just looking for a payout ruin it for all.

You’re taking my statement out of context, so let me provide some. If he was looking for justice, then he would’ve stepped up in front of a camera a while ago and talked about what happened and the inequity of the situation. However, he probably felt that he should just be quiet and move on the school take care of everything, and in general should be able to find a new school to play and continue his academic career. 
 

Post all of this, the university decided (a poor decision, at best) to allow their coach to serve the wonkiest suspension I’ve ever seen in college sports. That probably irritated Luke and his camp. And if Luke truly was told by coaches or others in the community that the word was spreading on him being a problem for a program and because of it, he could not continue his athletic career, then that also changes the game quite a bit   

Those all lied to causes of actions that could see a payment for damages. When I made my comment that Luke is looking for a payout, I did not mean that Lucas, looking for a pay out just to have a payout. I meant he was looking to receive money for damages, whether we believe those damages to be weak or otherwise.

[statefan]

12 minutes ago, godanesgo99 said:

If this is the case, I hope he gets nothing even if he deserves it all.

Lawyers and lawsuits are the backbone of our society and threats of legal action are what makes our system work. People just looking for a payout ruin it for all.

I would say it differently.  I'd say that Luke's father is looking for the pound of flesh he thought he was going to get before President Rodriguez was persuaded otherwise.  And, I am not convinced that the legal retainer is a pure contingency; my guess is that it is a hybrid, with counsel assured of a certain floor no matter the financial result.  BUT, these are guesses on my part and I have absolutely no inside information.

[BestDaneSinceHamlet]

15 minutes ago, godanesgo99 said:

If this is the case, I hope he gets nothing even if he deserves it all.

Lawyers and lawsuits are the backbone of our society and threats of legal action are what makes our system work. People just looking for a payout ruin it for all.

I really hope threats of a legal action make our system work.  I think maybe the possibility of legal equity is a better way to phrase that.  We live TOO much in a world of legal threats.  When I do a deal with someone and we're working on the contract, my first point is that we ONLY need to worry about the contract if things go horribly wrong.  Otherwise you're starting the relationship off in an adversarial manner.  

[Dane96]

Sorry for the grammar I am voice dictating and walking my dogs

[dslyank]

2 hours ago, cwdickens said:

Absolutely, many including myself saw the resignations as a sign that incident was more serious than portrayed by the UAlbany Sports Administration.  The assistant coaches likely concluded the atmosphere surrounding the program was toxic and to stay would be career ending if the sudent-athlete iled a lawsuit.

Disagree whole heartedly. 1. Do not believe DK the type to maliciously push a player into a locker and assault. 2. Do not believe Benson stupid enough to cover the incident up {Benson always covers his a$$, would be unlike him to go out on a limb for anyone IMHO} 3. Do not believe assistant coaches and or players who witnessed a coach "maliciously assault" a student athlete would not come forward [if true you are implying a conspiracy of large proportions.]

You are welcome to your opinion, but I will stick by the assumption of innocent until proven guilty and await the resolution of the depositions. 

ps how long to you think the "fleeing" assistant coaches will still be working anywhere if they lied or covered-up an "assault" on a student {it would be career ending}. Again, I'm trusting in the courts and the honesty of most people to come forth, be a whistleblower if you will. And so far I have not seen a single knowing person come forward to support Fiz's claims

[Dane96]

6 minutes ago, BestDaneSinceHamlet said:

I really hope threats of a legal action make our system work.  I think maybe the possibility of legal equity is a better way to phrase that.  We live TOO much in a world of legal threats.  When I do a deal with someone and we're working on the contract, my first point is that we ONLY need to worry about the contract if things go horribly wrong.  Otherwise you're starting the relationship off in an adversarial manner.  

Couldn’t have said it better myself. I always tell our partners that if these contracts have to be pulled out of their drawer then something really bad has happened hopefully these things just collect dust and the teams can work collectively to solve and resolve any issues with each other.  in 15 years of my current company, we literally have only been involved in one lawsuit due to a car accident, even though we have close to $1 billion worth of contracts the best way to put it is the contracts are parameters if things go horribly wrong otherwise they’re just dust collectors

Edited November 17, 2022 by Dane96

[godanesgo99]

On a different note, and what I think might be the worst part of this situation...

 

Last night my wife asked me what was going on. She thought this was a new second incident. Not sure any of the news sources have done a great job of pointing out that this is the same incident as last spring. If casual bystanders assume this is a second incident, it's going to do a lot more damage to the university.

[dslyank]

3 hours ago, Dane96 said:

Speculation but maybe all of the assistant coaches leaving was a sign.  They all allegedly witnessed this and now they are all gone?

 

3 hours ago, Dane96 said:

I know of one coach where this is a fact   

Do you really think; by abandoning ship these guys are exempt from career ending/changing penalties, if they had knowing covered up an assault on a student athlete. If Fiz's allegations are true {and like I said I do not think so}, ANYONE/ALL who knew about an "assault" and did not come forward will be black-balled or worse, by any institution of quality.

Was everyone in the locker room that day--players, coaches, water/towel persons, etc. involved in a giant conspiracy to protect/cover-up a delinquent coach, who with malicious & forethought assaulted a student athlete to"fire him up." Even DT had/has detractors to debunk his conspiracy theories. You think DK is more powerful/convincing than trum$.; not a single person in that locker room has come forward to say the incident was more than an accident in a warm-up circle?????????

Edited November 17, 2022 by dslyank