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re: So the Nkemdiche situation...
Posted on 2/19/14 at 9:51 am to Tornado Alley
Posted on 2/19/14 at 9:51 am to Tornado Alley
Look....I'm not saying your FOS....
but this is literally nothing like what I watch on Judge Judy.
you're FOS>
but this is literally nothing like what I watch on Judge Judy.
you're FOS>
1
Posted on 2/19/14 at 9:54 am to pankReb
quote:
But with them being part of the OM football team, I would assume they could go after the Athletics Dept. to pay.
This incident is in no way connected with the University, from what I've seen.
The only way it could be connected to the AD, if I'm remembering correctly, is if RN and DN were acting in their capacity as students, or even less likely, as athletes. If it took place in the weightroom or locker room, perhaps. The University is not responsible for the civil behavior of its students but is only responsible for protecting the masses, to a degree, from the reasonable risk of harm presented by its students potentially tortuous conduct.
I'm not even sure if it matters if it took place on University grounds because I'm sure the fraternities sign all sorts of liability waivers.
Posted on 2/19/14 at 9:54 am to pankReb
quote:
pankReb
Posted on 2/19/14 at 9:57 am to Tornado Alley
quote:
Comparative negligence doesn't apply to the intentional torts at issue here or intentional torts at all.
I know the plaintiff is suing for what is likely an intentional tort. That's just one cause of action. Do you honestly doubt that the plaintiff failed to allege negligence, too?
Posted on 2/19/14 at 10:00 am to dtmb
quote:
I know the plaintiff is suing for what is likely an intentional tort. That's just one cause of action. Do you honestly doubt that the plaintiff failed to allege negligence, too?
How could he have alleged negligence against parties who were acting willfully?
Posted on 2/19/14 at 10:08 am to Tornado Alley
Nkemdiche in the midst of a brawl, rips off his shirt, and attacks the kid doing nothing across the room. Sounds so legit, why even have a trial, throw him in jail.
Posted on 2/19/14 at 10:08 am to Tornado Alley
I love reading all these big words... Activating my smarticles n shite
Posted on 2/19/14 at 10:11 am to REBEL5 AC
quote:
Nkemdiche in the midst of a brawl, rips off his shirt, and attacks the kid doing nothing across the room. Sounds so legit, why even have a trial, throw him in jail.
Don't hate the player, hate the shirt.
Posted on 2/19/14 at 10:12 am to Tornado Alley
quote:
Don't hate the player, hate the shirt.
Posted on 2/19/14 at 10:14 am to Tornado Alley
quote:
How could he have alleged negligence against parties who were acting willfully?
Because he did. Here's a link to the article where you can find the complaint.
He can allege practically anything. I guarantee you that he and his lawyers aren't going to throw away a potential, fall-back means of obtaining a judgment. It happens all of the time. Just because he alleged intentional conduct, that doesn't mean that he couldn't allege negligent conduct, too. That's standard protocol.
Posted on 2/19/14 at 10:19 am to pankReb
Awkward
Posted on 2/19/14 at 10:39 am to dtmb
Every one of your posts makes me feel dumb.
Posted on 2/19/14 at 11:00 am to dtmb
quote:
quote: How could he have alleged negligence against parties who were acting willfully? Because he did. Here's a link to the article where you can find the complaint. He can allege practically anything. I guarantee you that he and his lawyers aren't going to throw away a potential, fall-back means of obtaining a judgment. It happens all of the time. Just because he alleged intentional conduct, that doesn't mean that he couldn't allege negligent conduct, too. That's standard protocol.
I am one semester in law school, man, cut me some slack haha
Posted on 2/19/14 at 11:03 am to Tornado Alley
Posted on 2/19/14 at 11:04 am to UMRealist
quote:
Every one of your posts makes me feel dumb.
Excellent. The illusion is complete.
Seriously, though, I'm plenty dumb about a lot of things on account of being ignorant against my will. This stuff is just sort of in my wheelhouse cause I have some fancy book learning on the subject.
Posted on 2/19/14 at 11:07 am to Tornado Alley
quote:
I am one semester in law school, man, cut me some slack haha
No worries. It was a valid question. And you were right about comparative fault in the context of intentional torts.
Posted on 2/19/14 at 11:14 am to Tornado Alley
Why is there federal jurisdiction?
ETA: The amount in Controversy is Greater than 75G and its between citizens of different states. Civ Pro FTW!
I'm a 2L (not at Ole Miss), but have not intention to practice anywhere close to this area and have forgotten a lot of the stuff from 1L.
ETA: The amount in Controversy is Greater than 75G and its between citizens of different states. Civ Pro FTW!
I'm a 2L (not at Ole Miss), but have not intention to practice anywhere close to this area and have forgotten a lot of the stuff from 1L.
This post was edited on 2/19/14 at 11:18 am
Posted on 2/19/14 at 12:01 pm to EasyJTeasy
Before I saw your edit I was going to answer. I remember SOME things from my one year of law school!
Posted on 2/19/14 at 12:04 pm to EasyJTeasy
I made it to 3L and quit. I've not retained much.
Posted on 2/19/14 at 12:31 pm to EasyJTeasy
quote:
Why is there federal jurisdiction?
You're right about the general subject matter jurisdiction for federal cases. FWIW, the complaint against the Nkemdiches wasn't filed in the United States District Court. It was filed in Lafayette County Circuit Court. Here's a link to the first page of the complaint.
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