Monday, June 18, 2007

Duke and Three Families Settle

Duke today has announced a settlement with David Evans, Collin Finnerty and Reade Seligmann.

This a common-sense decision that serves the best interests of both sides. For the three players and their families, the move continues the process of putting behind them the events of the last 15 months; for Duke, the settlement prevents litigation that could have posed serious public relations problems, even if the University had eventually prevailed in court.

Below are the statements of both sides:

STATEMENT OF THE BOARD OF TRUSTEES AND THE PRESIDENT OF DUKE UNIVERSITY:

This has been an extraordinary year for Duke students David Evans, Collin Finnerty and Reade Seligmann, who were accused of serious crimes they did not commit. In April, after a thorough review, the North Carolina Attorney General declared that they were innocent of all charges and that the charges never should have been brought. We welcomed their exoneration and deeply regret the difficult year they and their families have had to endure. They conducted themselves with great dignity during their long ordeal.

These young men and their families have been the subject of intense scrutiny that has taken a heavy toll. The Board of Trustees and the President have also determined that it is in the best interests of the Duke community to eliminate the possibility of future litigation and move forward. For these reasons, and after considerable deliberation, the trustees have agreed to a settlement with each student. Beyond this statement, the resolution is a private matter among the students, their families and Duke.

This past year has been hard for many people who care about Duke -– for students, faculty, staff, alumni, families and friends –- and for the three students and their families most of all. We resolve to bring the Duke family together again, and to work to protect others from similar injustices in the criminal justice system in the future.

STATEMENT OF DAVID EVANS, COLLIN FINNERTY AND READE SELIGMANN:

Today, we are pleased to announce that we have reached an agreement with Duke University to resolve any differences between us.

Years ago, each of us made a decision to attend Duke because it is one of the greatest universities in the nation. We chose to represent the University on the athletic field and in the classroom as student athletes. We were honored to be admitted and proud to wear the Duke uniform and to compete against the best lacrosse teams in the nation. Duke is a very special place. It balances top-notch academics and athletics, and it offers unparalleled opportunities to its students. We were drawn to Duke because of its sense of community.

The events of the last year tore the Duke community apart, and forcibly separated us from the University we love. It is impossible to fully describe what we, our families and team endured. As we said from day one, we are innocent. But it took three hundred and ninety-four days, and the intervention of the North Carolina Attorney General, before our innocence was formally declared. We were the victims of a rogue prosecutor concerned only with winning an election, and others determined to railroad three Duke lacrosse players and to diminish the reputation of Duke University. Throughout our ordeal, however, we never forgot the lessons we learned, both on and off the field, about character, integrity, and honor. Those lessons, and the love and support of our wonderful families, friends, lawyers and supporters across the country helped us to prevail against those who refused to seek the truth and to protect all citizens from injustice.

We hope that today’s resolution will begin to bring the Duke family back together again, and we look forward to working with the University to develop and implement initiatives that will prevent similar injustices and ensure that the lessons of the last year are never forgotten.

305 comments:

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Anonymous said...

broadrot uses alumni money to shield the group 88

Anonymous said...

As far as Duke in concerned, nothing is complete until Brodhead and G88 are canned. None possess the decency to do the honorable thing and resign.

I hope the Lax 3 financially cleaned Duke's clock. God bless 'em; they deserve every penny.

Anonymous said...

What fine young men.

gotc

Anonymous said...

Good for them. I hope it cost Duke plenty.

Anonymous said...

SLAP!!!!!!!!!!!

Boy I'll bet that will leave a mark!!

Anonymous said...

Any word on indemnification of the G88? Are they still exposed individually?

Anonymous said...

"look forward to working with the University to develop and implement initiatives that will prevent similar injustices...."

I hope that means The 88....
And, in Sept, KC's book should take care of the 88

Anonymous said...

And the rest of the players? Were their reputations not damaged? Did they and their families not suffer?

Anonymous said...

I am so glad that ever since last Saturday, things are moving quickly. These boys are really on their way to a new life. I'm sure they are all glad not to keep having to go through this nightmare over and over again. During Reade's testimony, I saw how much pain he was going through having to keep repeating the facts. God bless them all. And you too KC.

Anonymous said...

Duke admitted their complicity in the hoax. Why else would they settle?

Anonymous said...

I hope it was in the millions.

Anonymous said...

Pretty clear what happened here.

Duke coughed up enough money to pay all the legal bills and a nice chunk of change on top of that because the alternative would have meant open, public discoveries. Brodhead on trial, the Group of 88 on trial, protestors and students on trial - all out in the open.

Lots of dirty laundry would have been exposed.

Now it all goes away.

Of course, there is still a lawsuit against Nifong and the city of Durham (unless the Duke settlement was so generous that they won't bother).

Anonymous said...

I hope this was enough to make the families financially whole (pay the defense legal bills). That gives them the leeway to toy with Nifong and the city of Durham as long as it takes for the whole ugly frameup to be exposed.

Anonymous said...

As happy as I am to see them get compensated for their turmoil, this result is a weak ending. With all the inappropriate actions by the Duke administration and the G88, to be able to pony up money and then circle the wagons is ridiculous. In many ways, I am a bit disappointed in the Duke 3 that they did not demand public apoligies and action against the G88 as part of the settlement...must have been some serious cash involved.

Anonymous said...

From live coverage by WRAL

NC Gov Easly has stated that there is pending legistaltion That he expects to move forward quickly that would allow him to remove Nifong immedialty. He says that he will remove Nifong as soon as the legislation is on his desk.

Anonymous said...

Sadly,Nifong still has his feet under his desk for another 30 days!

I want to see him out of his office today, never to return.

Some one must be able to remove the fool?

Anonymous said...

Imagine all that money that alumini have donated gone to cover Brodheads backside?

Anonymous said...

I don't care how much Duke settled for, it won't stop them going after Nifong personally. He is the root of all this evil and deserves to be held accountable. Money's in the bank, now Momma and Poppa are free to go full guns.
You think Rae ain't gonna squeeze this guy for life? Not a chance.

Anonymous said...

Duke's announcement of a "private" settlement is exactly what many expected. Duke will NEVER issue any kind of public apology or accept any responsibility for the "fiasco." I hope that the three players and their families are truly satisfied with the settlement and I understand completely their desire to get on with their lives.

I personally will never forget this case and Reade, Collin and Dave have forever left a handprint on my heart.

Anonymous said...

?? Will settlement funds come from Duke Endowment or 'alumni.annual giving'?

Anonymous said...

Who wants to join a group to take out an ad in the Dook Chronicle that reads:

THIS IS WHAT A MASSIVE SETTLEMENT CHECK LOOKS LIKE!

Dook BOT learns an important lesson about how expensive it can be to care and feed underqualified "scholars" on the payrolls. Out of touch and underqualified hatemongers are expensive pets.

Anonymous said...

Easly said that he has not received the letter from nifong. (Several reporters offered to give him a copy.) He said he has not put any thought into who he will appoint but that he will remove Nifong before July 13th if that legislation gets to him before then.

Anonymous said...

I am so glad they settled. They were not angry people. They are a good kind loving lot. Hate only robs the individual of life. With all the exposure that Duke had on this case, you know that it was in the multi-millions. Duke had a big endowment, plus they have insurance for such things. It did not hurt Duke at all. It made it all go away. Now these boys never again have to step on that campus again in their lives. What a relief.

No justice, no peace said...

"...and we look forward to working with the University to develop and implement initiatives that will prevent similar injustices and ensure that the lessons of the last year are never forgotten."

NEVER FORGOTTEN

Again I propose the AAAs building be renamed after Reade, Collin, and Dave. Big letters, right over the primary transom, so that the frauds in the race/gender/class warfare studies are reminded of this FIASCO everytime they enter the building.

Anonymous said...

Hey alumni - keep giving (and giving), because the idiots at Duke need that money to keep the real dirty laundry from being aired.

Kenshu said...

Well, I'm happy that the 3 player families were able to settle.

While it might be nice to see Duke defending the actions of the Group of 88 in court, I think enough of what happened is out in the open to help people see the erroroneous actions made here. The important part is that the true victims (the three players) are able recover from this tragic event, and that we as a nation do not forget what transpired there.

Anonymous said...

Lawschool 72-- Far as I'm concerned unless Dickhead and the entire gang of 88 are terminated you might better give the entire 4.5 billon endowment to the kids and close the festering cesspool. In the meantime this is at least a step in the right direction.

Punditarian said...

I think it only fair that Duke itself should be renamed "Seligmann University." The Law School renamed the "Finnerty School of Law," and the Medical School renamed the "Evans School of Medicine."

Anonymous said...

Anyone venture a guess on what amount each young man received from Duke?

Timing couldn't be better for continuing the pursuit of Justice as it pertains to the Fong. Everybody gets to wet their beak, settle up all debts, have a nice night out, etc. Then, tomorrow start in hard on Mr.-I-Still-Think-Something-Happened-to-the-Victim-CGM. Since it has been reported that his assets are modest, he must be scared shitless. And to think he could have made everything go away without even offering a simple apology as recently as last Fall. Talk about being bullheaded. Somebody hide the knives from Cy.

Anonymous said...

What! No apology? This is as close as Duke comes:

We ... deeply regret the difficult year they and their families have had to endure.

It probably cost Duke a few million more to get off without an apology. How hard would it have been to say, "We deeply regret Duke's role in the difficult year they and their families have had to endure."

Jon Maxwell, New York said...

Do the lacrosse players have a case against 88 Duke faculty members who slandered them?

Anonymous said...

Wow. Just wow.

Whatever settlement agreement reached would, I think I can safely assume, preclude us seeing any lawsuits against Duke (and the 88 and all other related entities) now. Or ever. This is just going to go away. Swept under the proverbial rug.

But if Brodhead thinks this will clear things with the alums, he's sadly mistaken. I'm equally sure of that (after all, I am one)!

Anonymous said...

This was obviously in the works well before last week's hearing. This did NOT just happen today.

jim2 said...

What about the other 40-some LAX players?

IIRC, their expenses were thought to be something like $40K each.

Anonymous said...

To 3:35
Well, DUH

Anonymous said...

10 million each is my guess. Drop in the bucket.

Now they sue Nifong just to mess his life up.

Every now and then its good to be see a deep pocketed Defendant pay although the money paid likely exceeds the damage they did.

The real damages were caused by Nifong and the State. That is where the next round of settlement comes

Anonymous said...

Forget the Nifong suit now. They'll simply press charges against him for fraud or contempt or whatever. He'll get slapped a big fine. Then show that they are better people and can muster some forgiveness.

............Or should they?

Anonymous said...

OPM - Nothing like settling with other peoples' money

Doubt whether AA studies or Prof. Kim will feel the bite. Donor's should think hard about how your university gift is going to be spent!

Steven Horwitz said...

This is the end as far as Duke is concerned. The boys will not go after the G88 as individuals (not that I think there's much chance of it succeeding anyway).

The best way to keep this alive is to continue to pitch KC's book and to withhold all forms of support from Duke if you are so inclined. Hit them in the pocketbook as best you can.

Anonymous said...

So, perhaps they got legal expenses plus a million each for pain and suffering?

If that were the case, I wonder if CGM would be happy with her role in enriching those rich white boys?

wayne fontes said...

A huge sigh of relief was just heard around many offices of Duke University.

Anonymous said...

Has Duke paid the LAX coach they fired? He has a huge gripe. Goes from coaching a Division 1A national title contender, to some small no-name program. He was damaged big-time.

Anonymous said...

Duke just bankrolled the remaining suits.

Before the hearing:
Plaintiffs: $10 million
Duke: $1 million

After the hearing:
Duke: You said $10 million, right?

Anonymous said...

3:22 said
'this result is a weak ending. With all the inappropriate actions by the Duke administration and the G88, to be able to pony up money and then circle the wagons is ridiculous. In many ways, I am a bit disappointed in the Duke 3 that they did not demand public apoligies and action against the G88 as part of the settlement...must have been some serious cash involved.'


It isn't only about money, though that's important. If you saw Reade's pain and Mrs Finnerty's (restrained) testimony I expect that yes, they want justice and vindication, but they want it over with too. It's best for the three to not live their lives as victims. That means for the young men testifying as little as possible and moving on.

Duke's actions, from ****head on down, put the boys in danger. He dodged a bullet and is very lucky no athlete was harmed. A trial would be so embarrassing Duke had to settle.
But can Duke compel the 88 to retract? No, and if it were another case and another set of facts I wouldn't want any university president pressuring faculty to apologize. That cuts both ways.

That said, many of us know and see ****head and one of the 88 in academic settings. This has not been settled for us at all. Those conversations will happen, you bet. Quoting all the Shakespeare in the world won't help.

Expect most of the money from the settlement will go to the legal teams for fees and costs. Rightly so. Maybe a little to the families to close all open and future claims
against Duke.

Anonymous said...

Would have been perfect if they had also gotten an endowed chair at Duke in history named after K.C.

Anonymous said...

Frankly, although she has no money, I would civilly sue CGM.

Take her marble and string that she has right now, but renew the judgment at appropriate intervals, slap a lien on any property she acquires, garnish any wages she ever gets. For the rest of her life.

Anonymous said...

Yeah, I can just hear Crystal Meth today. "You mean dose whiteboys got paid? And I ain't got shit. I'm goin' tell Jesse 'bout all dis."

Anonymous said...

Duke apologize?

What's to lose now, the money's gone and suits settled. Shhhhhhhhh

Let's listen and see what the university is really made of (other than $$$$)

Anonymous said...

I emailed Byrant College on Saturday asking to buy some lacrosse t-shirts and how to support the lacrosse program there.

Anonymous said...

I think many of us predicted this, that Duke would settle rather than face discovery. I am almost certain the emails of the G88 would have been devastating to any civil proceeding. It was never whether they could win or lose a lawsuit as many thought, but the negative publicity one would have brought would be painful for them. So, they settled, and, I am reasonably confident it cost them a pretty penny...

In doing so, the G88 continue to be somewhat protected. I wrote to Mr. Burness expressing my disappointment that this group of faculty had stoked racial tensions, actively participated in rallying against the players (hell, one of them was at the casttrate rally), and yet none of them has been publicly rebuked by the University for their absurd actions, and the most honorable person among them, Coach Pressler, was gone.

I am hopeful that pressure on the G88 continues. Their actions were so dishonorable, they rank only slightly behind Mr. Nifong.

BDay

Anonymous said...

3:42 - Duke settled with the coach a couple weeks ago - http://durhamwonderland.blogspot.com/2007/06/pressler-settlement-announced.html

Anonymous said...

Well, **** the Group88. They are among other things academic low life.

Anonymous said...

3:45: Only the State of NC can garnish wages in NC. Sorry. Besides, most of her wages are cash under the table--not the W-2 type. Her johns aren't filing payroll info.

Anonymous said...

3:43..
That is funny, made me laugh !!

BDay

Anonymous said...

We'll never know what is in that sealed package with the settlement. At least there could be some academic sanctions against the 88, at most some quiet dismissal for "personal reasons". There are ways around tenure...like blocking research funding (the lifeblood of a tenured professor). Without it, they lose all of their academic credbility. Fear not friends...the 88 will lose, it will, unfortunately, be more subtle. Just WATCH CLOSELY ...

... please. I think you'll have pleasant quiet surprises.

Anonymous said...

3:43,
I mean in a true way, I just loved it...

BDay

Anonymous said...

Anon 3:48
Thank you very much!

Anonymous said...

I've written John Burness also--have you gotten any replies?

I also noted that we (alums) got several emails when this all hit the fan last year, but the recent silence has been deafening.

Still no replies.

Anonymous said...

Well, Duke was more exposed by the actions of ****head, Duke PD and Dean Sue than the 88. The chain of command is clear.

Anonymous said...

More good news! It's a bit too late for Duke to retain/regain much dignity in this matter based on this decision and statement--just as it was too late for Mr. Nifong in his statement on Friday, but I am very happy for the LAX families. Political expediency rather than constitutional guarantees or moral discernment ruled the thinking of the Duke leadership for the past year plus. I sure hope the embarrassment to Duke serves as a useful lesson to other universities, much as I expect the disbarrment of Mr. Nifong to be a widely appreciated cautionary tale for all DAs.

Really, Tara Levicy could have helped the defense of Mr. Nifong only if he had been charged for indicting without probable cause (as he should have been). As was apparent to all, there really were no available defenses for him on the charges he actually faced last week.

Observer

gak said...

I read comments here about "hope it was in the millions", and things like (paraphrased) no apology, must have been big money", etc. I would guess with a $7 billion endowment corporation of some sort funding that school, the settlement must have been closer to 10 million each. I would not have settled for anything less if i had been one of those students.

Anonymous said...

3:50pm here again ...


they have also lost of lot of their reputation as academics, and have blackballed themselves within their respective communities.

Don't worry, just watch... :-)

Anonymous said...

Another victory for AAAS.

Let the academic welfare enrich the mediocrities.

Let honkie hatin' remain unblemished at Duke.

Anonymous said...

Bravo to Duke! They did the right thing. Let's not let the perfect become the enemy of the good here.

I still would seek justice against the hateful professors, but perhaps this settlement precludes going after the professors? Perhaps Duke will deal with the professors in some other way?

However, I am still a bit shocked that they all so easily abandoned the presumption of innocence principle. And Brodhead's leadership does disappoint because he seems to, as far as we know, still be holding the hands of the 88.

All of this worked out for the best, long-term. If Nifong had pulled the plug sooner, say in December, there always would have been a cloud over the LAX team. Now everyone (but the hateful and stupid) knows they are innocent.

xutag77 said...

"We hope that today’s resolution will begin to bring the Duke family back together again, and we look forward to working with the University to develop and implement initiatives that will prevent similar injustices and ensure that the lessons of the last year are never forgotten."

It does look like Duke is not done with these three.

Cedarford said...

Bombshell.
Smart of Duke to settle now and take the minor financial hit.
They had all sorts of snakes in the grass exposure.
They could fight for Group of 88 academic freedom, but would open some very embarassing legal discovery on their pampered AAs and Marxists.
They could fight in loco parentis issues the Administration didn't acquit itself well in. But that might drag on and again, discovery of who made what calls to throw the coach and team under the bus would be embarassing.
They also had other snake in the grass employees that gave them great tort exposure, notably Tara Levicy and possible medical malpractice issues that could go against DUMC. Then there was Sam Hummell and the Duke-sponsored "Progressive Alliance" that created and distributed the defamatory "Vigilante Poster".

I find this settlement intriguing. Obviously, the defendents lawyers did not wait for the gears of "justice" to slowly gring but had a parallel tort litigation path well underway many months ago that was off every commentator's radar screen.

Let's hope that this also includes other lawsuits that are now in negotiation.

1. One on Nifong to ensure he does not profit from any book deal, movie rights "use of name" fee, any lecture fees Mikey gets on the NAACP fried chicken circuit.

2. One on CGM to ensure the whore does not make a cent off her lies.

3. Lawsuit on City of Durham for actions of Nifong running the DPD after March 24th on the Lacrosse case, defamatory actions by Addison and Michaels, civil rights violations by Soucie, Gottlieb, Himan, Lamb.

4. Lawsuits on State of NC for Federal law violations of witness intimidation (Roberts, Elmostafa), for civil rights violations of the players by Linwood and Nifong.

5. I imagine a few tort lawyers might not care to sue mighty newspapers like the NY Times or MSM TV media directly because such lawsuits are terribly hard and expensive to fight and win.
But that those few might conclude they have legitimate shots at suing and discrediting an independent contractor like Wendy Murphy for libel and defamation in the media and on various websites....and deeply damaged, heavily discredited, ridiculed, and already successfully sued "soiled goods" like "talk show host" Nancy Grace.

6. Perhaps someone with Real Balls will go after the NAACP for their defamatory material. That group has lost much of it's "untouchable" victimhood immunity from all criticism status, and hovers on backruptcy from past corruption and failure to attract younger members.

*****************
And now that Duke has paid up it does need to sit down as promised and work up codes of conduct for faculty that will be enforced if faculty personally slanders or defames other members of the Duke Community.

They do need to re-examine their hiring policies for some Trinity Departments where poor academic achievement, intolerance, and PC lockstep thinking is the standard.

They have to recognize they may have problem employees like Tara Levicy, Kim Curtis, Larry "hang the kid that said water buffalo" Moneta that are ideologically indisposed from doing a competent, fair job and may expose Duke to future litigation if retained. Particularly Levicy, because she has the "fame" as Nifong's trusty nurse and medical malpractice exposure that lawsuits customarily give huge payouts over to settle..

And perhaps after a "decent interval" work with Yale to have them take Brodhead back to run their exciting new "Elisabethan English studies Center", and get a true leader at Duke.

another.anon said...

Think maybe the settlement had something to do with Reade's appearance on the Today Show (and others likely in the near future)?

IE, settle up quickly and generously or the interviews won't be pretty for Duke.

Anonymous said...

Is ****head still travelling the entire country, speaking to alumni groups? He should be publicly pinkslipped at one of his Duke Townhall Meetings.

Anonymous said...

Wonder if John Edwards has called to congratulate the boys yet. Elizabeth Dole, too, for that matter. Politicians of all stripes went absolutely wobbly during this fiasco. May they all pay at the ballot box.

Anonymous said...

The falsly accused players have great lawyers and would not have left the table with a bad settlement, but there's no way in hell it's 10 million a player.

I hope they've been made whole and wish them all the best. Money won't make up for what they suffered, but it won't hurt either.

Anonymous said...

No one really knows that can talk about it. But Mr. Evans (Sr.)knows how to negotiate. There is now way they would have this all signed and delivered and only get a couple of million or just pay the legal fees. The legal fees so far probably are more that 6 million or so. I bet they paid all legal and travel and so on expenses and then figured out "punitive" costs. I would be very surprised if they did not recieve "take home" at least 10 million per family. Remember, this is also to buy their silence.

Anonymous said...
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Anonymous said...

so then, the rest of the team can go to the "friends" group that raised money for legal fees? Those lax players surely also had significant legal and related expenses.

Anonymous said...

This is only the beginning. The University people had to "strike the colors" ASAP, rather than face the infinite ugliness of having all of their collective actions exposed in bitter detail. There will be plenty of other settlements to come from the University and the municipality. I expect everybody to settle, but Nifong. If nothing else, you have to admit that Nifong is amazingly consistent, regardless of the circumstances.

jim2 said...

Somehow, I doubt Duke gave up anything like $10M to each player. $1M I could see, though I would be delighted to learn that the settlement was higher.

Also, Evans had graduated before the indictment, while the other two ended up being essentially forced out of Duke in mid-degree. Even though Duke eventually said that they were welcome to return, that level of damage is huge. So, I wonder if the three settlements were equal?

Anonymous said...

Amanda Marcotte sez:


It's just not fair. A woman can't even falsely accuse some rich white boys of rape these days without enriching them some more.

Anonymous said...

$1m ..
not likely. I might buy $10m total, but that would be the minimum. Duke wants this to pass as quickly as possible. The more infamous the G88 become, the worse for them.

BDay

jim2 said...

One thing that may not yet have been mentioned is that this case will have had the effect of putting Duke on notice (legally).

That is, should something like this happen again -- the Gang of 88, the misuse of Duke material, the illicit co-opting of Departments in notices, etc -- then Duke's failure to prevent reoccurrence would doubtless be cited by counsel as an aggravating factor.

IOW, Duke must do SOMEthing in the way of corrective actions now just for self-defense against future liability.

Happy said...

How bittersweet.

I'm happy that Duke settled but I would have liked to see the Group of 88 answer for their conduct.

Anonymous said...

Dukes motto:

"The sooner we pay, the sooner the memory goes away"

They were doing cartwheels that the boys decided to settle.

Anonymous said...

Remember, there's insurance. When I taught at a very small, public college, I was covered for 2 million dollars per incident. At the time I was not even tenured. I can only imagine what kind of insurance Duke has. It's their reputation they worry about. They have insurance. Most organizations are afraid of punitive damages--can you imagine if a jury awarded them each 100 million? No they got advice and settled. All the PDs all over the US do it all the time. I have never heard of punitive damages in serious cases only be in single digits. No, it's in big multiples. Mr. Evans is from DC. He's used to be numbers.

Anonymous said...

3:54--Only in the most indirect way (i.e., that avoiding negative publicity in interviews with the players would have been a motivating factor for Duke) would the settlement have had anything to do with an interview Reade Seligmann gave this morning. As other commenters have noted, this must have been in the works for quite a while. Particularly since the settlement had to be approved by the Duke BOT, it would not be possible to cobble something together in a morning and announce it in the afternoon--even if negotiations had been in process.

4:02--I suspect you are right. Of course, if Duke's primary motivation were to avoid embarrassing discovery, rather than to settle real exposure to liability, the three young men are equally situated. But as you note, their actual circumstances are quite different. To the extent that the settlements reflect concern about actual liability for actions taken directly by the university, it would make sense for Reade Seligmann and Collin Finnerty to get more than Dave Evans, who graduated before he was indicted.

Anonymous said...

Well, Duke just learned the hard way what a liability the race baiting professors are. I like what jim2 said, it makes sense. No way Duke doesn't try to quiet these loose cannons as best they can.

Bday

Anonymous said...

Great news for the 3 players, but as an alum, I won't be satisfied until Alleva and Burness are run out of town

Anonymous said...

I haven't read through all of the above so this may have been posted. I'm not sure if the "Gang of 88" was acting in their professional capacity when took out the ads in the papers. They were individual people who happened to have ties to Duke. As such, they may all still be open to some type of libel suit.

Anonymous said...

You have to admire the ability of these kids to maintain a united "team" the whole way through.

Being the last hold out would have given someone great negotiation leverage in this. Kind of amazing someone didnt hold out.

Sounds like this was a motivated negotiation on Duke's part. Tens of millions is possible.

What happened to all the people saying that Duke wouldn't settle Dowd etc...? It appears that they will settle everything to avoid discovery.

No justice, no peace said...

3:50 Inre: "Fear not friends...the 88 will lose, it will, unfortunately, be more subtle. Just WATCH CLOSELY ..."

As the great Foghorn Leghorn says, "I see alot of choppin', but the chips ain't a flyin'."

Anonymous said...
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Anonymous said...

There have been some folks posting over the past couple of months saying that they would happily help Duke fight lawsuits with their own money.

Looks like they've gotten their chance to pitch in and help.

Bet they won't put in enough bucks to cover the first 15 minutes of one Duke lawyer's billing rate.

BWA-HA-HA

Anonymous said...

This is not a settlement where the real deciding issue is out of pocket costs. Ask your self - If you are Broadhead - having watched Nifong get torn to shreads on national TV - realizing you are next the question becomes - HOW MUCH OF SOMEONE ELSES MONEY WOULD YOU GIVE AWAY TO AVOID THAT FATE? Folks that could be $20 million a family. It's not his money - why would he care?

Anonymous said...

Thank god the families have started to get back their lives. I wish them every success as they turn their backs on Duke and move into the future. Amazing that three young men have more class and poise than a university full of adult professors and administrators.
I've often thought throughout this about the question> Can one person make a difference? The answer is a resounding yes, yet not one at Duke made that move to see these students as just that, to help them and stand up for them. No amount of money can take away the memory they will have of being alone and targeted on their own campus!
I'm glad the settlement met their needs> have a great summer. Let the other grownups, lawyers et al do their jobs now. Looks like it will be easier for them to follow the rest of the trail.
No fiction story could read as this has, just amazing.
KC thanks again.

lm said...

Good for the young men and their families. They have lives to get on with and this no doubt is one more step in that direction. Did the settlement include Duke Medical? Other than filing whatever legal docs will make sure that Crystal and Nifong and the Group of 88 never, ever profit from this sad story, I would think they could leave the cleanup to others. The PD is Durham's problem. Cheshire and Bannon could spearhead an anti-corruption campaign. There seems to be a lot of animosity toward Duke, but the problems at Duke are endemic to universities in general. As Nifong's fall should be a red flag to prosecutors, perhaps the Duke settlement will be a caution to universities. The lies, fraud and malice of the PC and angy studies viewpoint can cost you.

Anonymous said...

Dave was actually worth more than the other 2. He was a college graduate, and lost a job with a firm. Who knows what it was worth, plus signing bonuses, plus a new apartment near his new job. Maybe he had signed a one year lease? Maybe he had spent a fortune in business suits and gotten a car. There is no way he would get less. I think if anything he would get more. In the scheme of things, 10 mil is chump change. I think it is way more than that.

Anonymous said...

Yale knows better than to take him back> pick another dream.

gs said...

SO did Duke approach the 3 players.
I bet they did. Discovery for Duke would be a disaster with the 88 etc.

The players lawyers are going to wait until after a hearing asking the Judge for contempt against Nifong, before they sue anyone.

Anonymous said...
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Anonymous said...

Ethics Professor posting:

Let's see: Duke did nothing wrong regarding Dowd's lowered grade from an Angry Studies prof,but settled.Duke did nothing wrong with Pressler,but settled. And Duke did nothing wrong with the Innocent 3 ,but settled.Sounds like Duke is frightened of discovery and the fact it would indicate that Fearless (Fos)Dick Brodhead did in fact believe the boys were guilty,as has been leaked by a few insiders.
Greatest sighs of relief?The incompetent ideologue of radical feminism Tara Levicy, Brodhead, Moneta, Burness, the Duke helpers in constructing the libelous wanted poster, the Gang of 88 profs who intimidated and created a hostile environment for the lax players and libeled them in the process,the Duke person who cooperated with Durham police in the dorm raid,...
Brod has used alumni money to buy himself out of embarrassment.He is totally pc and believed the players were guilty because a woman never lies about rape, esp. a black woman, white men are just plain bad,and all the problems of the world relate to sex, gender, race, and power.Brod has and always will be a victim of his far-left politics.It is a good time for him to leave!

Anonymous said...

Anyone who donates even one cent to Duke is more of a moron than all of the G88 put together. This university, of which I am a graduate, has not one ounce of courage, nor one iota of character. They completely abandoned the three guys to the wolves of idiotic PC ideology, and then were able to sidestep the consequences because the university is rich. What utter scumbags, completely lacking in anything except deep pockets. Anyone who would pay to send their child into such an environment must possess the judgement of CGM and the discernment of the DNA guy. AAAAARRRGGHHHHHHHHHH!

Anonymous said...

""?? Will settlement funds come from Duke Endowment or 'alumni.annual giving'?""

SHUT UP!

Actually, the funds come courtesy of insurance covering such liabilities - short of outright murder. Which is covered under self-insurance.

Meanwhile, my concern now turns to the harm Duke perpetrated on the public. This would be a ground-breaking, class-action case, wherein each of us would testify to our loss of faith in the justice system - wherein countless officers of the the court were enabled and encouraged by Duke University to spit on the Constitution.

Anonymous said...

You folks are crazy. $10M? No way. Much much much less.

Anonymous said...

With a $7 billion endowment, conservatively invested at 6%, the daily income is over $1 million. I think they'd have been happy to part with a month's income to make THIS one go away.

The better question is - what about all the rest of the on-campus victims? The rest of the LAX team, the WOMEN'S LAX team, the other athletes, other dorm residents, ordinary students that have been impacted by this? Every one of them has a cause against Duke - not for the same amount of money, but for enough to make it worthwhile.

Duke CAN'T settle with all of them. Once the "Free Money" sign is up, they'll like up around the block. They'll have to start fighting the suits at some point - and then we get the discovery.

I do hope that part of the settlement is the dismissal of some of the non-tenured Duke employees that have behaved so horribly.

Anonymous said...

Hmmm...multiple statements where the university declares that they handled this just as well as they (anyone)could and they've paid 4 people off so far. Sure, it keeps the dirty laundry from being aired, but people don't forget hush money. Ask Michael Jackson.

Anonymous said...

Any REALISTIC guesses on what the settlement was for each player?

I think 'millions' is out of the question, I didnt' think Duke would settle in the first place.

I'm guessing maybe $500,000 each? maybe a little more, that would be, minus the lawyer's take about 25% of the costs of their defense, this sounds about right to me.

Anonymous said...

It's wrong to have alumni donors subsidize the group of 88's actions. A portion of the money should have come from their pockets. Next time keep your f'in mouth shut until the facts come out.

Anonymous said...

The funny thing is this weekend on this blog, many people felt duke would settle to avoid discovery process.

Only a duke law grad thought otherwise.

Anonymous said...

Well he said he was a duke law grad anyway.

jim2 said...

Actually, I have considerable sympathy for Duke as an institution, including the prez.

I think they just panicked.

However, they (including B) were willing to believe the worst of their students (despite obligations under loco parentis (sp?)).

I just hope Duke has learned a lot from all this. The quick settlement is a good step in that direction, but only a step.

As for the G88, I have no sympathy whatsoever for them and hope just retribution will follow.

Anonymous said...

The boys and their families went through hell this last year so it is difficult to criticize them.

However, I am disappointed with the Duke statement. It leaves me wondering if anybody will truly be held accountable for their actions. My guess is that the only change at Duke will be that the G88 and their enablers will be a little more careful with their public message. In the classroom and in University policy the intellectual dishonesty and outright hatred this event exposed will continue unabated.

Truly sad for the University my father attended and loved.

Scott66

Ralph Phelan said...

"Only in the most indirect way (i.e., that avoiding negative publicity in interviews with the players would have been a motivating factor for Duke) ... this must have been in the works for quite a while."

Of course. But I bet there was some last-minute dickering going on. "Ya know, Reade's going to be on the Today Show tomorrow and public interest in this case is at an all time high. I'm sure he'll be asked how he feels about Duke. Don't you want him to feel good about Duke?" How many million extra do you think that was worth?

Anonymous said...

Higher education will never have a chance to emerge from the swamp until the very antiquated Tenure system is abolished. The Chomskys, the Saids, the Ward Churchills,and the Lubianos are entirely secure, and we taxpayers and parents are required to pay them, and pay for them. Let's all hear it for Academic Freedom! Hip, Hip,....

Anonymous said...

Anderson has a terrific artice today at Lew Rockwell's site. He talks about going after Nifong and DPD - does not mention DUMC or Nurse Levicy. Actually, Bill has had almost nothing to say about her, since her under oath testimony. What is that about?

joe said...

Is Duke a private/public for profit/non-profit? Does any of these exempt looking into financial statements, to determine how much was paid, even if through discretionary monies? Even though settlements will be made, it would behoove all concerned, outside of acedemia, to know exactly what G88 and their ilk cost DUKE! Likewise, when suits are brought against Duhram, the DPD and other individuals.

Anonymous said...

As a famous Durham, NC "actress" once inquired of her advisors: How can I use this to my advantage?

Look how far we've come..............

Anonymous said...

Duke isn't paying for this. Their insurance coverage is. To cover their increased insurance rate, Duke would simply jack up the tuition. The hush money actually comes from the students' parents, who must now cough up the extra dough.

Think about this: the 88 professors screwed these 3 students. To cover their misdeeds so that they would not be aired with in an open court, Duke screwed everyone else.

I am unsure how this fits into Duke's supposed mission of higher learning.

Steven Horwitz said...

The legal bills for each one of them had to be at least $1million for a case like this. Add on all of their travel costs and every cent they spent dealing with the fall out of this "fiasco." The add a little for pain and suffering.

It's *got* to be in the mid 7 figures, maybe as high as $10m each.

If I were the families, I would want to be made as whole as possible as if this had never happened. THAT is gonna cost serious money.

Anonymous said...

Scott 66:
The boys didn't 'go through Hell". Per the Duke statement, they were (merely) under 'intense scrutiny'!
Consider that both sides signed off on the precise wording of the joint statement. That is, I believe, a standard exercise of settlements.
Tom

Anonymous said...

Regarding comments that Duke's insurance is paying, I suspect that Duke is mostly self-insured, such that this settlement will in fact be paid by Duke.

Of course, I'm not an insurance defense attorney specializing in representing universities, but I did stay at a Holiday Inn Express last night...

Anonymous said...

I find $10 million each is crazy and unrealistic.

I'm not sure the boys ever had a strong case against Duke in the first place, I cannot see them paying 'millions' simply to avoid the bad PR of being pitted against their former students in court, something that would be a loser for Duke even if they won.

Anonymous said...

I wonder where Duke Law '00 is today. Over the weekend he was boldly predicting that these boys had no grounds for a lawsuit and even if they sued it would have been thrown out in court.

miramar said...

I just called my good friend Mike Nifong to see his reaction to all this, and he told me, "And one would wonder why one needs to settle so quickly if one was not charged and had not done anything wrong."

Damn, Mike, you're pretty smart!

I know that Duke named a building after Keohane, the previous president. I certainly hope that never happens to Brodhead, although I wouldn't mind seeing the Brodhead Bathrooms at Koskinen Stadium.

Finally, I was wondering why my daughter's financial aid offer was so low this year. I think I just found out!

Anonymous said...
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Anonymous said...

While I was upset by the statements of Duke faculty about this case, I think they (and the University) deserve to be left alone now.

It is my belief that their silence indicates they have learned their lesson, and possibly even regret what they have said.

Continuing to condemn them serves no purpose--they have been openly criticized already (by myself, and others).

This entire episode is incredibly disappointing on many levels, but if the families can put it behind them, so can the rest of Duke.

-Alum

Steven Horwitz said...

As I think about it... DUKE's liability in this isn't what I outlined above. Nifong's maybe, but not Duke's.

Duke certainly didn't want a trial and discovery, but $10m probably is a stretch. Maybe a mil each.

Jason said...

$10 million is unrealistic? Evans had a wall street offer withdrawn...
...the duke endowment is over $2 billion...$10 million each is about right. Wouldn't be surprised if it was $15-$20m each. Every penny deserved.

Anonymous said...

To Jim2:

It's for that very reason that a University like Duke needs strong, competent leadership. Anyone can steer a ship or fly a plane in fair weather, but you pay a Captain big bucks for what he can do in a crisis. Duke's leadership failed miserably, could not have failed more miserably and they had to pay. Anyone who thinks this settled for less than $10 Million per family is whistling past the proverbial graveyard and engaging in some very wishful thinking. $10 Million is dirt cheap, I don't think it was anywhere near that low.

Anonymous said...

4:48

Right on. $10 M IS crazy and unrealistic.

I also find it humorous the folks who claim there is a potential "class action" for everyone who "lost faith in the judtice system."

What you have to remember is that you can only sue to get damages CAUSED BY that parties actions. Any claim against Duke would have been tenuous. To say that Duke damaged these guys at a rate of $10M each is nonsense (rather than the accuser and Nifong being the cause).

Anonymous said...

I can't imagine that the families settled for less than one million dollars a piece. Frankly, that is low, it is probably more; maybe even a lot more.

Their attorneys will take almost half by the time you factor in expenses [that is half on the CIVIL side], so $500,000 net, to then have to pay the CRIMINAL attorneys' bill, would still leave them upside down. Trust me, they didn't settle with the only nonsovereign, deep pockets to be left upside down--particularly at this stage. I wouldn't have advised them to settle for less than two bills a piece. Six million dollars isn't even on the radar to Dook and its insurers, and they would willingly give six million donated dollars to make this go away. Remember, the families accepted this amount of money, so it was enough to get them to drop the suit against everyone at Dook, 88 included. The more I noodle it, two million per might be low.

BTW, whoever said that you should sue CGM was exactly right; particularly now that Dook has ponied up. You hold that lying skank accountable, because no elected Democrat (Sleasely, Cooper and Knifefraud) has the satchel to do it.

Anonymous said...

Duke books are audited every year and accounting statements released.

This coming year, they will list the payouts, they will be listed as a single line, but we know the 3 Players go the lion share.

Public institutions can not really hide much on the books.

Anonymous said...


Any claim against Duke would have been tenuous. To say that Duke damaged these guys at a rate of $10M each is nonsense (rather than the accuser and Nifong being the cause).


Is that you, Dick?

Kinda like sticking your finger in the dyke after the flood, eh?

Anonymous said...

4:52

Still here. And still sticking by my prediction. Was a lawsuit filed? Nope. This is a gesture of goodwill. As I did acknowledge, it may be that Duke agreed to pick up legal fees.

But I'm guessing no windfall.

Duke Law '00

Anonymous said...

The settlement is likely paid out of insurance, not the endowment

As an alum, I differentiate between the institution and its leaders. I agree that the administration let the university down: Alleva (just an idiot), Burness (sneaky, awful comments about the lacrosse team), and Moneta (for bringing his failures at Penn in the water buffalo incident to roost at Duke).

That said, I donate to Duke because of my loyalty to the university and its students. I restrict the use of funds to meaningful purposes (financial aid) rather than discretionary funds. I was heartened by Mr. Evans statement that "David loves Duke" -- I sincerely hope that Colin considers coming back

Anonymous said...

5:01

Yes it is I, President Broadhead.

Don't be silly. Duke didn't cause the problems here.
Did the University make some decisions based on bad info from Nifong? Yes. Do they regret those decisions (even if necessary at the time)? Yes.

Anonymous said...

Remember when looking at the amounts, Duke most likely approached the players. The players lawyers would know that
1 - Duke settled 2 cases so far.
2 - Duke approaching them indicates Duke sees exposure.
3 - Duke did not want to drag this case on with discovery.

The player lawyers would advise them not to settle for a small token amount, think a million each mim.

Anonymous said...

JLS says....,

Well so much for the idea that Duke could not be sued. They only could not be sued because they settled so quickly. Who was that idiot in the Duke PR department who said why should Duke pay their legal expenses to the Newsday or some other NYC area paper?

I agree with person who mentioned the 44 other 2006 Duke Lacrosse players. There is some real low hanging fruit for each of them. I would say they should each settle with Duke for about 10% of what the 3 ultimately indicted got. And yes I mean 44 as the poor black player suffered with his teammates.

Anonymous said...

C'mon people. This is a mea culpa/gesture of goodwill from a school to some students it treated poorly (in retrospect) and who got railroaded by the prosecutor. It is not Cheshire pounding his fist on a table saying he is going to take Duke to the cleaners.

DL '00

Anonymous said...
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Anonymous said...

Jun 18, 2007 4:55:00 PM

>...the duke endowment is over $2 billion...$10 million each is about right.<

Duke's endowment is over $4 billion. But endowed monies are usually earmarked for specific projects: scholarship, facility, endowed professorship, etc. I have never heard of an endowment set up specifically to cover the university's behind should it get caught maligning it own students and then wrongly suspended them.

Anonymous said...

Dear Duke Law '00,

The most successful lawsuits I was ever involved in were the ones I never filed.

Anonymous said...

Oh for heavens sake. Give me a break. This is getting to be as bad as Victoria Peterson and cousin Jacqui talking about CGM getting paid off. Complete conspiracy theory.

DL '00

Anonymous said...

Well since Duke chose to keep the settlement secret and since they settled so quickly after watching Nifong get taken down so thoroughly, I guess we're free to conspire, aren't we?

Anonymous said...

5:07

Technically they weren't lawsuits then. Just threatened. :)

I'm not saying you could never be successful in extracting a large settlement pre-suit. I'm just saying I don't think it was the case here. And it's just an opinion people. No need to jump all over me about it.

DL '00

Michael said...

I am very happy that for the three players and their families and I did expect a settlement though the speed surprised me. The families, as usual, handled this with class. I'm sure that Duke University didn't want to be in a civil suit with witnesses like Reade and Dave Evans (the dad) around.

I hope that they work to make the other players whole too. Some of them are still students I think and it would help to have a positive environment in their classes.

Perhaps the university issued a private apology to the students and their families. It is a private matter and a private agreement so I don't need to know.

The matter of where the funds came from is a matter for Duke University and its alumni to resolve. I think that this matter takes a lot of heat off of Brodhead and the 88. Outside of the damage that has been done to their public reputations.

Duke1965 said...

I think most of the posts here are agenda-driven and removed from reality.... this case is not, and has never been, about Duke, the loony faculty, or any issue except due process in the criminal justice system. The lacrosse party was not even remotely a "University" function. Despicable as you may think the G88 ad was, to say it was slanderous is WAY over the top... and with very few exceptions, the other actions of Duke aren't actionable either..... there is simply no "there" there..... any experienced lawyers care to disagree?

Why did Duke settle? NOT because of potential legal liability, but to end their public relations nightmare.....

Anonymous said...

5:13

You are free to conspire. And I am free to comment on that conspiring. :)

DL '00

Anonymous said...

Right on duke1965. Thanks for the reality check.

DL '00

Anonymous said...

OK, I won't jump all over you, but I intend to tell every smarmy idiot that ragged on me last year at family parties,high school reunions, etc. that Duke ponied up $10 Million apiece.....and you know what? They'll believe me!!!

Anonymous said...

5:17

Why did smarmy idiots rag on you last year? Because you were connected to Duke? I guess I don't see how that is tied to the $10M...

Anonymous said...


Why did Duke settle? NOT because of potential legal liability, but to end their public relations nightmare.....


However, that is unlikely to be the result.

Because they seemingly settled so quickly after Nifong got his comeuppance, it creates the impression that they have something to hide or in some way feel they are liable.

Damned if you do and damned if you don't.

xutag77 said...

I believe that the settlement is more in the tune of Duke will do fix the problems that were shown in this case OR ELSE.

The families (especially the players) have not shown any ill-will towards Duke except to fix the problems.

Anonymous said...

I believe the amount of the settlements will stun many people. I'm thinking over $100 million each.
Remember, political correctness, the religion of American universities, would have been on trial. That religion had to be protected at almost all costs.
Find the settlement number and you will find how much the shrine of political correctness is worth at Duke.

Haywood Patterson

Anonymous said...

Audits show how much Duke spends on insurance costs. It will never show how much the insurance paid to anyone in the case. This is incredibly secret. Anyone who violates this term losses money and is subject to big penalties. If the amount had been little, this would have dragged on for ever. These are big price attorneys. Their chargable hours maybe in the $500 per hour. They had a team that has devoted their time only to this case. Duke has too many things to hide. The only way to keep them from sunlight is to pay and move on. This limits the families from writing a tell-all book and movie. Duke has to pay for what ever future $$ the families would make from this. They could still write a book, they just would not tell anything that is not in the public domain already. Future income from this would be really big, and now it has gone away.

Anonymous said...

Haywood:

I have to, respectfully, disagree. There is no way Duke would settle for $100M each. They would fight it instead. Revealing that "political correctness" is rampant in our universities would never result in anywhere close to that kind of verdict. Or even much negative publicity.

$10 M is too high. $100 M is unrealistic.

Anonymous said...

They ragged on me because I had a kid at Duke and they didn't. They ragged on me because I'm a conservative and they're not. They ragged on me because I like sports and they don't. So if I can get them to believe that the boys got $10 mil each from a slimy limp-wristed Duke administration they will STFU!

Anonymous said...
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Anonymous said...

Fox is guessing easily 1 million each

Anonymous said...

$1 M wouldn't surprise me b/c that = legal fees. I.e., no windfall.

DL '00

Cedarford said...

Hard to say what it is, but some telling signs might be the families telling the legal defense funds to shutdown and refund, since moneys were paid.

I would be interested in if the Settlement extended to the legal costs and expenses of the other 43 players. (Hi Mom, I'm in a hotel in Raleigh because Duke said my life might be at risk if I stay on campus even though I was in Cancun when the Lacrosse party happened! No, they just said they wouldn't pay for extra security and my costs are my problem...")

I would be interested if Duke Legal follows with letters to the Group of 88 informing them that personal attacks on other members of the Duke Community are not under "academic freedom" but under "unprofessionalism and breach of their employment Code of Conduct". That they best STFU. And anyone caught doing grade retaliation or dragging the name of an official Duke institution like a Department into endorsement of personal attacks, libel, will be shown the door, after a tenure hearing....

Thanks, Tara Levicy!
While Duke might have had a defense for the 88 on academic free speech and tenure, you left the door to DUMC wide open!
Of course, without Good Nurse Tara, feminist avenger, this all likely wouldn't have happened.

Bear in mind Good Nurse Tara will be a landmine to any liability questions arising from her future conduct as "Nifong's Nurse". I expect Duke will urge her to move on to a "more exciting and career fulfilling job as a nurse anywhere but at Duke, or satisfying "outdoorsy" work as a cattle castrator...

Anonymous said...

5:23

Hey, we're the same!

DL '00

Anonymous said...

What does an academic disaster sound like?

People are shouting and whispering about what these Professors did to their own students.

To the lawyers who made themselves heard and the lacrosse team receiving collective paychecks, thank you for not waiting and cashing in on the foolishnes of these 88 Professors.

Anonymous said...
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Anonymous said...

A lot of folks here predicted a settlement, but I was't so sure. Maybe after the trustees saw how Nifong was shredded and the promise by the Defense lawyers of how nasty and detailed discovery could get in a federal lawsuit, the trustees caved. Duke would have prevailed, but years of having the University linked to Nifong, the DPD and CGM wouldn't be a good thing for funding or recruiting. The trustees did the smart thing by settling -whatever the price. My guess is that in the short term they will keep the 88, Broadhead and the other enablers on the payroll to exert control and shut them up. When everything dies down I bet Broadhead is retired.

Anonymous said...

Mr. Patterson, I like your big round numbers, but....

Anyway, at least one of the families had no trouble paying out the $400K bond and the close to 2 mil in defense, so I don't see them settling for 1 mil. I mean is that about a one or two month income for Mr. Evans? No, it has to be at least 10 mil

Anonymous said...

A North Carolina attorney, I was appalled at Nifong's conduct when I first read it in 2006. Having read the comments on this blog for several months, I am glad the ordeal of the 3 is over, and I am glad a bad DA can do no more harm.

I am still disgusted with the rampant racism and ugly sentiments toward all African-Americans expressed here. Yes, a handful of them did not handle themselves well in this particular affair. But the same applies for Caucasian Americans - Brodhead being a shining example.

Moreover, some, such as Professor Coleman did behave in an exemplary manner. The crude attempts at racial "humor", along with the loathing directed at random right wing targets (the Guilford College Arab students, Prof. Edward Said) reveal an underlying ugliness in Nifong's detractors that explains why he had supporters long after he should have had none.

PS. Enough of the victimhood - prosecutors have behaved far worse than Nifong, put innocent black men on death row, and received a wag of the finger from the State Bar. The lather of ecstacy here proves that it was the race of Nifong's targets, rather than his actions that is so problematic for the right wing nutjobs.

PPS KC - great job.

Anonymous said...

As with Humpty Dumpty, not all the King's horses, nor all the King's men.... Nothing will ever be the same again at Duke.

Anonymous said...

Revenge is sweet.

On the day Nifong turns in his resignation from his lofty 110K/year job, these guys most likely recouped their legal fees, and something akin to punitive damages.

They still have Nifong to address personally, at least to turn the tables on him, the city of Durham, the Durham PD. Good stuff.

If they're bright guys, they'll toss their net settlements into the bank and let it fund the retirement.

Anonymous said...

What is amusing is that this blog is so influential that Duke's PR hacks operate here as well.

Gary Packwood said...

Reverse Sloppy Studies Financial Strategy

Anonymous 4:21 said...

...There have been some folks posting over the past couple of months saying that they would happily help Duke fight lawsuits with their own money.

...Looks like they've gotten their chance to pitch in and help.

...Bet they won't put in enough bucks to cover the first 15 minutes of one Duke lawyer's billing rate.

...BWA-HA-HA
::
The alumni will pitch in to help Duke University drain the sloppy studies cesspool.

And the unspent funds remaining after the sloppy studies cesspool is drained will be allocated towards consulting experts to help bring back that 'sense of community. mentioned by Duke in the press release.

Those consulting experts of course will be Reade, Collin and Dave.

The 'settlement' becomes a contract for service rendered...past, present, and future.

No donor funds will be used except for those funds that would have been allocated towards maintaining the cesspool...which is no more.

The real job is to be certain that the monster sloppy studies cesspool does not re-appear somewhere else on campus.

Good strategy. I hope Reade, Collin and Dave can get a line on their resume for their efforts to build that 'sense of community' at Duke University.
::
GP

Anonymous said...

To 4:54

I strongly disagree...
Duke's payment of settlement, without public apology to the REST of the Duke family and public is insufficient..

Duke ENABLED and continues to shield a cancer on their campus, called the "88"...and a feckless imbecile of a President.

Cancers can metastasize unless excised.

The families can put it "behind them" because their sons have been CLEARED and the families compensated..

The rest of the Duke family has SQUAT to show from Duke as an act of repentance or rehabilitation.

The pressure on Duke and the 88 should INCREASE, not cease.

Anonymous said...
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no justice, no peace said...

What's a 35 year career track at JP Morgan worth. $30,000,000 or more I'm certain. One would guess they have some that hit that in the annual bonus pool.

Do not forget that these guys are going to be associated with this event for the rest of their lives. Every meeting, every dinner party, and every deal will have people that associate them with this event. Put a number on that?

The only reason the families would take a small amount would be to protect the value of the degree, or really hours, that have been radically devalued. Devalued by both action and inaction, independent of Nifong.

Anonymous said...

Jun 18, 2007 5:14:00 PM wrote:

>the other actions of Duke aren't actionable either..... there is simply no "there" there.....<

I would think that wrongfully suspending the students without due process is a legal problem, since the students were then not found guilty of any crime. Later, in the news media, Brodhead implied that the suspensions were due to concerns to the students' safety. That argument would be a hard sell in court since the school was simultaneously tolerating protest signs that demanded to castrate the students. So far that I can tell, the school made little to no effect to safeguard the student from the bodily harm threatened from within the campus, nor to curb these protests which were obviously created a hostile environment for the students. Moreover, these protests were encouraged or even instigated by the school’s own employees, i.e. its 88 professors.

Anonymous said...

Polanski ... personally I'm not offended. You're entitled to be racist if you want.

Colleges and Universities are chock full of losers hiding behind PhDs. They come in all colors, shapes, sizes, male/female/cross, gay/straight/bi, you name it. A true cross section of humanity, national origin and religious beliefs.

Duke1965 said...

Polanski,

Apparently, anyone who disagrees with you must be one of Broadhead's minions...... far from it, I think he should retire ASAP, and that he showed very poor leadership in many ways...... however, that is totally unrelated to legal liability, which was the sole point of my post. To put it another way, if a group of AT&T employees decide to hold a wild party that is not sanctioned in any way by AT&T, and a rogue prosecutor falsely prosecutes them for a brutal gang rape, why on earth would you sue AT&T?? That's my point.

Anonymous said...


That argument would be a hard sell in court since the school was simultaneously tolerating protest signs that demanded to castrate the students.


I don't think those signs were on campus, were they?

Anonymous said...

The school had some culpability, clearly b/c of the rush to judgment by the G88. Dean Sue telling the boys not to tell their parents was a mistake, the access to LAX players' email and rooms was unauthorized (by the boys!). Beyond those mistakes, though, Duke was not responsible for the media coverage, Nifong's multiple false statements, talk shows, Nancy Grace, etc, etc. Every school has a clause in its governing documents that says that any student accused of a felony shall be immediately suspended until such case is tried.
Yes, I think they were right to settle but I do not think that the case was so strong against Duke as to justify the amounts people are throwing around on this blog. $100 million? You cannot be serious!

Anonymous said...

Ralph Phelan--point taken about Reade and the Today show--theoretically possible BOT approval for an increase in settlement could have been obtained by phone or e-mail late in the game, and Reade was extremely diplomatic in his remarks.

But if Duke's lawyers are worth anything, that type of situation would have been covered already; it should have been one of the main focal points of the settlement.

4:24--
Yes, Dave Evans lost a job, which would give him some clear, quantifiable damages. But he didn't lose that job because of Duke's actions; he lost it because he was indicted. Say what you will about Duke's contribution to this mess, it didn't indict anyone or cause anyone to be indicted. Even if you think the university might have spoken out more forcefully on behalf of the lacrosse players (by, for example, pointing out that Nifong's statements about the "wall of silence" were inaccurate), I don't see how this or anything else the university could have done in the early weeks of the situation would have prevented those indictments.

Anonymous said...

I believe those who think the settlement was less than $10M per family -- are delusional...

Duke should have broken their pen tip in relieved anxiety at signing a check for only $10M each family....

Duke was not dealing with a crack whore or unappealing victims.

Duke WAS dealing with a VICTORIOUS team who had no less than the Atty General of North Carolina declare them innocent and pulled the lawyer ticket from a 29 year serving D.A. of Durham County...

Duke was dealing with KILLERS uninclined to show mercy or compassion for the bastards who caused, supported or enabled the assault on their sons..

Rest assured, Duke had their ass handed to them, and were happy to have been left with shitty hands.

Anonymous said...

" Anonymous said...

That argument would be a hard sell in court since the school was simultaneously tolerating protest signs that demanded to castrate the students.

I don't think those signs were on campus, were they?"

---------

Not on campus, but on Duke property, namely in front of the lacrosse house, scene of the non-crime -- which was owned by Duke.

Anonymous said...

5:33
You look at a few racist comments on this blog and imply a lot of us are not concerned that black men are on death row!?
Obviously, you don't understand. You take out a corrupt prosecutor so he can not shift targets from a white to a black. Or did you fail to notice that to get the whites, he shifted targets and got a black, Moes Elmostafa, arrested. I noticed a lot of the bloggers were appalled. Mr Elmostafa risked a lot for some rich white boys. I know a lot of the white, right-wing republicans, etc bloggers here who would be honored to return the favor someday to him. PS I am a white independent.

Anonymous said...

5:33

You are absolutely correct. The anti-female attitudes, cloaked as anti-feminism, the nastiness about blacks, the assumptions of white male privilege expressed on this blog are amazing. Would these people have been so supportive if members of a football team at a historically black school had been railroaded? Maybe not.

Some of these people appear to have PhDs themselves in anger studies. Just their targets are different.

Anonymous said...

Wow 5:33. Unlike the families in this case, you are such an angry person. I mean you can be mad at Columbus or Hitler, this is not the subject here. We are talking about 3 families and all the ones that suffered becasue of Nifong and his ilk. Since you are so aware of other injustices, what have you done to help these people? Just because many are happy that Nifong will pay, does not mean that all others should too. I do think that some of the comments have been full of hate, but part of it stems from the free ride that Tawana B and this accuser have gotten. Many are tired of being told by black leaders how awful they are. It sometimes seems like all blacks stick together not matter what the evidence is, but whites do not. I mean Maion Barry was re-elected even after film of him buying drugs was televised.

I really want to keep standing up for the little guy, but not when they are evil and wicked.

PS. A huge number of blacks in death row for murder, killed blacks. DC at times has been the murder capital of the US, and it's black on black crime, black policemen, black attorneys and black juries. What to do?

rrhamilton said...

Anonymous said...
Anyone venture a guess on what amount each young man received from Duke?

My SWAG (scientific wild-ass guess) is that Duke paid about $30 million total. I would be surprised to learn it paid much less than that.


Anonymous said...
Has Duke paid the LAX coach they fired?


I read on the Duke Chronicle website that the scuttlebutt at Duke is that Pressler was paid between three and five million dollars. That would comport with my estimate made here some time ago that the settlement with Pressler would be around $4 million.

jim2 said...

You know, this settlement was probably finalized before the weekend, though perhaps there were some outcome contingency clauses.

That would explain why the three LAX and all their families and counselors, etc. never negatively uttered the word "Duke" in all of the public statements and interviews that I can recall. NOr, when there were words from them on lawsuits, did "Duke" ever get mentioned then, either.

I do, however, wonder if there are some non-monetary Duke corrective clauses in the settlement agreement.

Anonymous said...

It has often been suggested here and elsewhere that none of the 88, or the additional "clarifiers," would ever apologize or express regret or make any such public statement, for fear that doing so could be construed as an admission of civil liability. It was suggested that the universities lawyers may have instructed them to that effect. The implication was that some of the 88 were decent but naive folks who signed the "listening statement" without reading it or thinking it through, or perhaps under pressure from more radical faculty, and might want to recant but for the threat of legal liability. Now that that threat has been removed, it will be interesting to see whether any of the 88 or other Duke faculty express second thoughts about their conduct.

Anonymous said...

Oops -- "university's"

rrhamilton said...

lol -- How ironic to see that this was the next post I read, right after I posted above:

Anonymous at 3:43 PM said...

Duke just bankrolled the remaining suits.

Before the hearing:
Plaintiffs: $10 million
Duke: $1 million

After the hearing:
Duke: You said $10 million, right?

rrhamilton said...

I'm assuming Anonymous at 3:43 meant $10 million for each Plaintiff.

No justice, no peace said...

5:55 Do you think Dukes inaction encouraged any to indict?

The Duke administration were and have never been the voice of reason. All one has to do is consider what is being taught in the race/gender/class warfare arena to see complicity.

Regardless, what they, the Duke administrators (including the PR arm) did, and did not do, was morally reprehensible. They will never again have the opportunity to show their character as they've done over the past months.

For me personally...were it my son, and the school counsled them not to seek legal counsel before speaking to the police, and allowed the police into their dorms and access to their PCs, and did nothing about the Black Panthers, and the Gang of 88, then you could be sure that $10 million would be a low number.

Besides Brodhead, I would fire whoever handles their PR/damage control. Both have failed.

Anonymous said...

Hmmm, is DUMC a separate entity from DU?

Anonymous said...


I'm assuming Anonymous at 3:43 meant $10 million for each Plaintiff.


Yeah, I imagine so.

I consider $100M to be unlikely. $10M more likely, maybe $20M tops, after legal fees.

I wonder how the Gang of 88 feels about enriching those rich white boys.

rrhamilton said...

Anonymous said...
Any REALISTIC guesses on what the settlement was for each player?

I think 'millions' is out of the question, I didnt' think Duke would settle in the first place.

I'm guessing maybe $500,000 each?


LOLOL ... So $1.5 million total (less than half what they paid Pressler alone)? That would be a wetdream for Brodhead and Steel, if they weren't already moral eunuchs.

But as the bolded part of your posting shows, your predictions don't have a good track record.

Gary Packwood said...

jim2 6:07 said...

...I do, however, wonder if there are some non-monetary Duke corrective clauses in the settlement agreement.
::
I am dreaming a little that Duke will clear the way for Reade to attend Duke University Law School in a couple of years under a scholarship derived from funds saved from the reduction in force in the Duke Office of Student Affairs, A-ABlack Studies and Women's Studies.

The annual budget for the Duke Office of Student Affairs is itself ...$10 Million.

Perhaps a scholarship for law school for Reade and a annual stipend while in law school as an assistant lacrosse coach.
::
GP

Anonymous said...

DL '00

"Trustees and the President have also determined that it is in the best interests of the Duke community to eliminate the possibility of future litigation and move forward. For these reasons, and after considerable deliberation, the trustees have agreed to a settlement with each student."

You are both correrct and incorrect. To believe Duke was not afraid of future litigation is clearly not true, there statement above reflects that. They did not settle with the LAX players as a gesture of goodwill, but as a way to avoid future suits, which though they may have won, would be too costly to them in the public eye. So, in that sense, you may be correct, whether there was a case against them for the amounts they likely settled for is something we may never know.

I am also curious, it seems the above statement implies they also settled with the non-indicted players ? Ths would make sense if the goal, as stated, was to avoid the possibility of future litigation.

Probably we are all saying the same things in different ways. I also never saw Duke acutally being sued and fighting the suit. So in this case, you are correct. However, their publiicty in this whole "fiasco" has been so negative, and their prominence in the community is so apparent, they could not afford to even go through a lawsuit of this nature.

So, in the end, regardless of whether a suit was filed or not, Duke was going to have to settle with the LAX team and coach, there was really no viable way out of that. They picked the best way out they could I believe, trying to deflect the wrath of the law now elsewhere (e.g the DPD and others).

BDay

Anonymous said...

DL '74

Duke isn't done until the gang of 88 and the President are run off campus on a rail, preferably with a generous application of tar and feathers.

rrhamilton said...

Anonymous at 4:52 said...
I wonder where Duke Law '00 is today. Over the weekend he was boldly predicting that these boys had no grounds for a lawsuit and even if they sued it would have been thrown out in court.

Proof that either (1) anyone on the internet can claim to be a law school graduate or (2) Duke Law School has a lot of explaining to do.

Anonymous said...

What someone from another state looking in thinks.

I say 5 million each, after paying all expenses including lawyers.
I would not take a penny less.

I think the faculty at Duke has done enough damage to themselves. I think gang of 88 has been totally discredited, making anything they say or do meaningless. That alone is going to hurt recruiting students looking for higher education.

Anonymous said...

Lawyers take, minimum of 35%
Legal Fees, $1m/family
Future book sales and MSM apeerances. bashing Duke, ?? at least $2m
Negative Publicitoy for Duke in a lawsuit,etc: $millions (call it $4m for now)


Settlement: Aprroximately $14M or about $4.3m/family.

That is my guess...

Steven Horwitz said...

Some of these people appear to have PhDs themselves in anger studies. Just their targets are different.

Best. Comment on this blog. Ever.

Polanski/Hussein and those just to their left are just as angry as those they call the partisans of "Angry Studies." And their anger is almost as misdirected. Always easy to see in others what you can't see in yourself.

Anonymous said...

This blog has gone crazy again.

$100 million?

$10 million when they only spent $1 million each defending themselves?

There was never a strong cause of action in the first place. Duke settled because the prospect of getting sued for say, allowing a hostile and threatening environment to go unchallenged on campus, actively assisting in a violation of the boys right to counsel, any possible [but unknown] violation of privacy that occured would be unthinkable to Duke given the PR beating they've taken.

What is that worth when you could most likely win in court?

I am sticking to $500-600,000 TOPS.

The real target is and will always be Durham, this is where they will get their legal expenses back and money for punative damages. Not from Duke.

I didn't realize Pressler's financial settlement deal was public knowledge, what did they pay him?

Pressler had a MUCH stronger case agaisnt Duke, they deprived him of his livlihood, cancelled the season and summarily fired him, possibly not following their own rules.

Anonymous said...

This is indeed good news - I had a suspicion that Duke would write a check to cover their many errors in this case. Just didn't expect it quite this soon. Now it is time to use a bit of that money to sue Nifong and get a judgment against him. I would say to the earlier commenter who wanted a judgment against Crustal Gail, you cannot go after wages that are not reported - her line of work does not produce a paper trail. She is free to reproduce and carry on her family business unimpeded by anything, including her conscience.

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