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re: This stupid Ole Miss / Rebel rags lawsuit
Posted on 6/16/17 at 5:43 am to TOFTR
Posted on 6/16/17 at 5:43 am to TOFTR
I certainly can understand RR's frustration in being caught up in this situation, especially if RR did nothing wrong. I have expressed no opinion on that point since I don't have any basis to have an opinion about what may or may not have transpired. Prior to this suit, I had no knowledge of RR's existence. I am interested in the case, however, and in understanding what the underlying purposes are, since the suit itself is not likely to bring any real relief, at least directly to RR.
Parts of the case are legally not terribly solid - the disparagement claim, for example. Some claims, or elements of claims, will likely be difficult to prove, for example, the conspiracy, even the falsity of the defendants' statements. Proof of loss may be difficult, and the likelihood of actual recovery of a significant judgment award is not all that good.
So that leads to speculation about the underlying goals of bringing this suit. It isn't the kind of case that most lawyers would bring if the goal was to recover money from the defendants. Many times even when there is a legal wrong, the return on the case, even if successful, doesn't warrant the cost required to prosecute the case. In ordinary circumstances, this could be one of those cases. But it isn't an ordinary situation, and the suit could well be aimed at entities that are not parties to the suit.
Parts of the case are legally not terribly solid - the disparagement claim, for example. Some claims, or elements of claims, will likely be difficult to prove, for example, the conspiracy, even the falsity of the defendants' statements. Proof of loss may be difficult, and the likelihood of actual recovery of a significant judgment award is not all that good.
So that leads to speculation about the underlying goals of bringing this suit. It isn't the kind of case that most lawyers would bring if the goal was to recover money from the defendants. Many times even when there is a legal wrong, the return on the case, even if successful, doesn't warrant the cost required to prosecute the case. In ordinary circumstances, this could be one of those cases. But it isn't an ordinary situation, and the suit could well be aimed at entities that are not parties to the suit.
This post was edited on 6/16/17 at 5:47 am
Posted on 6/16/17 at 9:23 am to tigerinridgeland
quote:
So that leads to speculation about the underlying goals of bringing this suit
I think it is (at least) two fold, and neither are to win against the defendants.
1) it's a hail mary attempt to show Ole Miss (and NCAA) they vehemently dispute the charges, are fighting them forcefully, and all with the hope of NOT being disassociated.
2) they hope to get defendants to deposition in effort to recant some statement or at least contradict a statement so that, even if they are disassociated, they may be vindicated in eyes of the OM public and, thus, may not suffer the future revenue impact they assume would follow a disassociation.
there are a couple of other options, but they sound about as reasoned as the commercial disparagement and civil conspiracy claims.
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