- 05:45 PM
- 04/19/24
I think tieguy's point is that civil suits are used as de facto second chances in trials nowadays. Yerfatma...your killing me here... a plaintiff does not recover money damages in a criminal trial. A defendant does not lose his freedom in a civil trial. IT IS NOT A SECOND CHANCE. The two trials are totally seperate with different burdens of proof, different evidence and different consequences for a defendant. A civil trial will trail the criminal case because a defendant will refuse to answer questions in a civil proceeding because the prosecutor may use his answers against him in the criminal case. It is that simple. The criminal and civil proceedings are apples and oranges. This is nothing new. Kobe's lawyers did a masterful job of ensuring the criminal case did not go forward. The police and DA were sloppy and outclassed. It is my opinion that the DA should never talk about a pending criminal case to the media. There is no need for press conferences. It taints the jury pool and prejudices a defendant. Unfortunately we will never know for sure if Kobe was guilty of a criminal act. Who wants sexual predators set free...I don't. As far as the civil case, Kobe's lawyers did a masterful job of ensuring his deposition would not be taken and the ugly facts will never be known. The settlement is loaded with confidentiality agreements and sanctions for disclosure. Kobe put himself into a horrible situation. This act of five minutes cost him about 4-5 million in legal fees, loss of endorsements, about 3-4 million in civil settlement and a 4 million ring for his wife along with public humiliation. If he did sexually asssault that young girl then he got off cheap.
posted by McLaw at 09:26 PM on March 06, 2005
Tieguy,you are the poster boy for the Bush administration's view of the legal system. Distortions and half truths abound in your head. Double jeopardy does not apply in a civil proceeding following a criminal trial. Dropping charges or a finding of not guilty does not equate to innocence. The civil proceeding has a reduced burden of proof and different evidentary rulings then a criminal trial. Evidence that is precluded from a criminal trial may be allowed in the civil trial. The defendant in a civil trial must testify but in a criminal trial may assert his 5th Amendment rights not to testify. Tieguy is your viewpoint truly "tough luck that you were injured by another, but get on with you life... oh you want your day in court then you are only interested in money." I will wager that if you were injured due to the intentional acts or negligence of another and they refused to pay for your injuries, medical bills, lost wages that you will be calling a lawyer for representation and demanding that they file that ugly money grubbing lawsuit.
posted by McLaw at 08:03 PM on March 06, 2005
Freddie... it is better to keep your mouth shut and let the world think you are a fool then to speak and prove them right
posted by McLaw at 04:06 PM on February 10, 2005
Chuck has the nerve to call the modern day players self centered??
posted by McLaw at 10:43 PM on February 05, 2005
It will take 4 years to determine if Charlie is able to bring in the recruiting classes needed to compete at the National Championship level. This year is a pass due to his current employment. The next 3 years are crucial for recruiting. I notice all the USC fans don't think Brady Quinn is horrible. His reads suck and his accuracy is far too inconsistent for a top tier program. He must be great in practice cause they play him. I hate losing to USC but certainly expect loses in the next 3 years. Enjoy it Trojans cause it wont last forever. Remember that winning streak ND over you guys from 1986 to 1996.
posted by McLaw at 09:33 PM on February 04, 2005
Duante is in a tough spot. Sounds like he was caught up in the moment. I agree with Grum and rcade. I do believe Duante should give the kid a diamond necklace with the #11 and some autographed swag. Interested to see the follow up to this story. The positive PR will greatly exceed the 25-30k for a single necklace.
posted by McLaw at 05:36 PM on February 04, 2005
He should lead the Irish back to contending for the national title each year. He certainly is saying all the right things and definitely has the knowledge to produce outstanding offensive stats but he really needs a QB badly. Brady Quinn is horrible. The lack of a quality QB killed Willingham during his tenure. I still believe Willingham is great coach. Charlie, GET US A QUARTERBACK, FAST!!
posted by McLaw at 05:23 PM on February 04, 2005
When will players learn that they will never beat the media. The reporters will still be covering that game long after these egomanics retire. The players are not bigger then the game. They are very replaceable then forgotten. It makes me laugh when these huge ego players leave the field for the broadcasting booth and get upset when the current players treat them as they treated others. Emiitt will only reap what he sowed. He will never get the love and adulation that Walter Payton received. He has only himself to blame.
posted by McLaw at 05:11 PM on February 04, 2005
Does that mean the ancestors of the Raider Nation came west via Philly?
posted by McLaw at 06:51 PM on February 02, 2005
Sign Steve Grogan...he should have a ring
posted by McLaw at 02:00 PM on February 02, 2005
An advertiser can not use a person's name or likeness without consent. By using Yogi's name in a manner that is intended to sell a product (the T.V. show) without his consent they have committed a misappropiation of his name or likeness. Yogi has meticulously protected his name, image and likeness so I don't believe there will be a viable defense to the tort. This is not a free speech issue. His name was used to sell a product which in the public eye does seem to be an endorsement by Yogi (which it was not). Yogi will receive "money which is just as good as cash."
posted by McLaw at 12:26 PM on February 02, 2005
my bad... lil brown bat..I retract my reference to you.. sorry dude
posted by McLaw at 12:22 PM on January 24, 2005
Hal ..I wasnt saying Belichick has "little direct impact" I was knocking the media hype. See my comment about his tenure in Cleveland and the media hype surrounding his firing. He is a great coach and his playoff record 9-1 does speak for itself. He did not learn more football in between Cleveland and the PATS My point is the media tries to put a single face to a teams success or failure. I do know a Cleveland sports writer who a told a writer in my city to be thankful Belichick did not get a Head coaching job here because "he is a horrioble quote and a horrible head coach."
posted by McLaw at 12:20 PM on January 24, 2005
I am glad for Andy Reid to get that monkey off his back. He seems to be a quality guy who is able to create loyalty between coaches and players. It is going to be fun to watch the eagles defense against the Pats offense. Trotter just blows up running plays. lil brown bat-- shame on you for knocking the child who sang the National Anthem. I agree with rosey..the kid is an INSPIRATION.
posted by McLaw at 11:40 AM on January 24, 2005
New England is the most physical team in the NFL. Forget all the media hype of Belichick's schemes and coaching. Those players line up and make plays on offense and defense. Belichick is a great leader and an excellent defensive coach but its the players who win games. Remember how he was fired or "run off" in Cleveland and the media said he wasnt a good head coach just a great def coordinator under Parcells. He did not magically become a great headcoach..its just now he has better players who are able to make plays. NFL games usually come down to 6-8 plays as the difference makers and the PATS make ALL of those plays, whether it is defense stopping a 4th and 1;, making an interception or sack; or Brady with a pinpoint pass for a TD or when he is off target the receivers make great catches. Brady is damn good. I used to think he was average QB in the right place at the right time. I will root for the Iggles but I finally admit respect for the PATS.
posted by McLaw at 11:29 AM on January 24, 2005
I agree that he is one of the greatest pitchers of all time, his physical talent to pitch for twenty year may be unmatched with Nolan Ryan as the exception. I rooted for him many times because I wanted the TEAM to win but his legacy is that of an classless selfish ass in my opinion. Was Roger throwing at batters heads classy? Were his actions that of a role model when he threw the splintered bat at Piazza during World Series on national TV and then lied by saying he thought the bat was the ball? Hit a homer off him and he throws at your head then claims he is trying to pitch inside but "it got way". He was called "intense" when he acted like a spoiled jerk. He is not a likeable guy. He is not fan friendly and he is very arrogant. His contract last year allowed him to leave the team on days he didn't pitch. Real team guy? I truly believe he would rather go 20-1 with an ERA of 2.00, win the CY Young award on a team that is 70-92 as opposed to having a record of 8-15 with ERA at 4.50 and winning the World Series. Outatthepark..... The NBA is a different sport. Fewer roster spots so more $$ per player and unlike pitchers they play every game. One NBA player can deliver a playoff spot or a title. MJ never left the Bulls for free agency and remember he was underpaid many years, he honored his contract with the promise by Jerry Reinsdorf that he would be taken care of. Jordan was responsilble for the BIG network TV money that supported ALL of the NBA franchises so very few begrudged his final years at 30M with the Bulls, but his legacy fades slightly with the Wizards. The game of baseball is going downhill and I love the game. The drive for BIG $$$ for homers and stats over the good of team led to the steroid scandal. The owners, commissioner, players and agents are all at fault. This was a great thread for discussion. I enjoyed everyone's thoughts and opinions.
posted by McLaw at 06:10 PM on January 22, 2005
Starrybirks... your "argument" is juvenile and misplaced.
posted by McLaw at 04:02 PM on January 22, 2005
Some owners will never get it..they will continue to overpay and drive the bidding prices up. More ammo for agents like Scott Boras to use in the next few years. Good luck keeping their young live arms. Does the 18M "invested" in the 1 yr deal for Clemens when they lost "key talent" place them in a strong position for the World Series? I am skeptical... it sounds more like a desparation move by the Astros and that they have no long term plan for their team. I think they should have committed that money towards a 7 yr deal for Beltran. A contending team will generate more revenue (local TV money) then Clemens' 17 home field starts for one year. I don't think this Astros team will be a contender this year without "career years" by their aging everyday players in that band box of a park. Clemens has no loyalty or class. He is the poster boy for the "me" generation. Roger should go into the Hall of Fame with a $ sign on his cap.
posted by McLaw at 11:58 AM on January 22, 2005
It is likely their commericial insurance carrier will pay the policy limits and the company will settle the excess amount at a reduced figure or they will go bankrupt. I doubt she will see a majority of the award. I dont think the 60M in compensatory damages are excessive. The problems for a 2 year old girl who is now quad are enormous. Her med expenses can run as high as 25-30k per day when hospitalized and the use for a respirator, kidney dialysis, etc... her life expectency is probably reduced to 40% of normal, not including the loss of quality of life, pain & suffering, and future emotional issues. In my state attorney fees on cases involving minors are set by statute. Her funds will go to a trust the will be overseen by the court. The punitives are likely to be reduced depending facts not mentioned in the article. I dont think anyone should question the 60M in compensatory damages. Tort reform is not necessary, it protects the public, after all it is the public (juries) that issue these awards, not the lawyers.
posted by McLaw at 03:56 PM on January 20, 2005
There has been case law on this issue for years... any vendor ,bar owner, or homeowner that provides alcohol that causes or contributes to guests/patrons intoxication will also be liable for that drunks' actions. Be careful if you have guests partying at your home... you may be legally responsible for their subsequent actions and defending yourself in court and it will pass the "smell test" This "accident" never should have happend and my heart also goes out to that girl and her family
posted by McLaw at 01:53 PM on January 20, 2005
Stupid no talent ignorant redneck brawling strippers with fake big cans who want their spouse dead and their millionaire ballplayer husbands on the next jerry Springer show... only in America - Don King
posted by McLaw at 01:25 PM on January 20, 2005
Rcade.... I hear what your saying but it sounds like a Jerry Springer show
posted by McLaw at 01:03 PM on January 20, 2005
It is amazing this woman gets attention. She offers nothing. She has no talent, she creates nothing, she's not even that hot (she thinks she looks like Angelina Jolie LMAO)and in no way contributes except as a leech on her husband's arm. Who would give a damn about what she has to say if she wasn't married to a ballplayer. Talk about calculating. Give this marriage about 3 months after his career ends and then she will try to hook up with some Hollywood actor or Rock Star to keep her name in the papers. She should enjoy her 15 minutes as only 12 min left.
posted by McLaw at 10:27 AM on January 20, 2005
Dont blame Clemens. It is the crap owners that have done this to the game. Roger will win the arbitration and then owners will complain. I would love to see an owner with the balls to tell him to take his arbitration figure and shove it up his ass
posted by McLaw at 05:30 PM on January 19, 2005
It is the owners' bonehead moves, going to arbitration with a 22 million potential price tag for a 42 year old pitcher, who have caused these outrageous salaries. Let him retire. Don't set bad precedent.
posted by McLaw at 10:33 PM on January 18, 2005
Dr. Z is right on. Theisman Maguire & Patrick are absolutely horrible. Ever notice how many times Maguire says "I'm gonna tell you something..." and then his analysis is dead wrong after reviewing the replay. Theisman does contradict himself from one sentence to the next. Bradshaw's segment is worthless. In San Diego we got Solomon Wilcots and Ian Eagle braodcasting Chargers games more then several times and they are pretty good. Finally, dusted is right on about the 3 minutes of commercials after every kickoff and change of possession.
posted by McLaw at 09:58 PM on January 17, 2005
Is the National Organization for Women going to comment on Sander's sexist analogy? Where is Martha Burke and Gloria?? Maybe Sanders can be Moss' broadcast role model when he retires and gets hired by a network desperate for ratings..what a sorry ass joke!
posted by McLaw at 10:03 PM on January 16, 2005
Peyton is a great QB. Football is a team game and the Colt must improve on defense. Peyton wins 2 Super Bowls, in stead of Brady, if the he were playing with New England's or Pittsburgh's defense. Also, Dome teams better get home field if they want to advance to the Super Bowl. January weather neutralizes every Dome stadium speed team. Does anyone really think Bradshaw winning 4 Super Bowl rings makes him a better QB then Peyton?
posted by McLaw at 09:42 PM on January 16, 2005
Dan Snyder is Taking the WaPo's Season Tickets and Going Home
The little midget Synder is throwing another tantrum. Look for him to fire some secretary or security guard. How can someone so small in stature be such a BIG ASS.