Comments and analysis about the Duke/Nifong case (2006-2014).
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13 comments:
Land O Goshen. This ruling must coincide with the icejam breakup on the Yukon river.
Waited a long time for this. And I still think the fix is in. After discovery the judge is going to rule (whatever comes out in discovery) that the plaintiffs didn't make their case
It will be fascinating if depositions taken in the case are filed with the clerks office, making them public records. Let's hope the plaintiffs take aggressive depositions, especially, in my view, of Nifong, Levicy, Brodhead, and, maybe, some of the group of 88.
And so it begins.
That freight train of justice, though unbelievably late to this party, just arrived. Duke, Brodhead, Steele, and Durham's worst nightmare just arrived.
Folks, unless you've lived through something like this yourself, you simply cannot imagine the shit-storm that is about to burst over their collective small heads.
Personally, I simply cannot wait for this legal "rectal" to begin. Couldn't happen to a more deserving set of ass-clowns. Seriously, this is going to be fun for the good guys.
Great Day! A lot more of the Complaints survived than I suspected, and that's very, very good news, as the Plaintiffs will be able to go forward with depositions and written discovery. Once the depositions start, I would expect to hear a lot of new evidence, which might also lead to new claims.
This is one of the windows where you might expect settlements from some of the Defendants. Duke and Durham DO NOT WANT depositions to go forward.
If a "fix" was in, the Judge would not have allowed the Plaintiffs the ability to take, literally, thousands of depositions. This has got to scare the living **** out of Duke and Durham. Good. They deserve that and much more for letting the travesty go on like it did.
Great Day! MOO! Gregory
For some perspective, I've probably included Intentional Infliction of Emotional Distress in at least 8 of my Complaints (Federal and State), and in each instance, the Judge has struck down those particular causes of action. I would get red-faced when I realized where the Judge was going with his or her ruling, flail my arms around a bit, take off my glasses so the Judge could see that my brows were indeed furrowed, but in the end, I always had my safer, "standard" claims to fall back on and reach the jury.
I personally believe that Intentional Infliction of Emotional Distress is the most misunderstood, under-utilized and under-appreciated claim potentially available to plaintiffs in America, but I also personally believe that there is not a Judge in the United States who shares that opinion.
; ) MOO! Gregory
Prepare yourself for lots of "I don't remember" and "we don't have those records anymore."
I noticed that some Duke "flack" said something about Duke's intent to appeal these decisions. That person doesn't know what they're talking about. One simply can't appeal motion rulings like these. They're not a "final judgment" -- hence, there's nothing to appeal.
Nope, the next stop for these morons is the deposition room.
Hope all you guys are right. What I really wish is that the media would pay as much attention to the content of the depositions as the did to the circus surrounding the original charges. But like one of my engineer friends used to say "If wishes were horses beggars would ride." And I hope to God that there was some clever tech guy on the plaintiffs team or some principled Duke employee and the plaintiffs lawyers have all Dukes internal communications in hand. Fun to watch one of these Duke/Durham guys tell a whopper and the lawyer deposing him says "What about this e-mail?"
I would pay a lot to see Levicy squirm. It would be like watching a Chinese gymnast with a case of dysentary in the middle of a performance.
This is the gift that keeps on giving, a perpetual motion machine. Who woulda thought it would keep going, after all these years?
Better to be honest. That's the lesson to take home.
Discovery, for Durham and Duke, will be a lot like the shuttle by the same name - (G0D rest the souls of those aboard.)
Outstanding commentary by "MOO Gregory" above.
More of the claims survived than I considered, and commented here to that effect, possible.
I am intrigued by this comment from Gregory: " This is one of the windows where you might expect settlements from some of the Defendants. Duke and Durham DO NOT WANT depositions to go forward."
I have long believed, and commented accordingly, that Duke will do anything possible to avoid depositions from its senior officers and administrators.
Thus, I would ask, what do any of you believe is the likelihood that the the defendants will offer to settle, and if so, the likelihood that plaintiffs would accept any settlement offers?
One Spook
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