Me too, in both football (should investigation say allegations are baseless) and women's hoops. These baseless allegations really are brutal for the university and coaches in the realm of public perception, but unfortunately public perception wouldn't respond well to the university/coaches turning the table against the athletes, so I don't see it happening, even though it's only fair IMO
Illini Women's Basketball Allegations
Me too, in both football (should investigation say allegations are baseless) and women's hoops. These baseless allegations really are brutal for the university and coaches in the realm of public perception, but unfortunately public perception wouldn't respond well to the university/coaches turning the table against the athletes, so I don't see it happening, even though it's only fair IMO
I'd be shocked if they filed a countersuit. As for a dismissal, if that were to take place, at what point does that happen? Does the University initiate the request? Does the judge do it on his or her own?
I think either of the latter two can occur from my understanding, but at no point have I studied law. I'd imagine the lawsuit is wrapped up pretty quickly at this point, the university can put on the press to get it tied up
I agree, but wrapped up is vastly different than dismissed.
I agree, a countersuit would be silly. Best case scenario is to just get this wrapped up and move on. A countersuit is the exact opposite of that.
It is extremely rare for a judge to dismiss a suit on their own accord. One of two things is far more likely:
1. The university files a motion to dismiss. This would be either the type of "their complaint is defective" variety. Either the plaintiff didn't clearly state their cause of action or they don't show enough support for it.
2. The university files a motion for summary judgment. Here, after discovery is basically done, they would be saying "there is no issue of material fact and the facts don't support the claims". This is probably more likely. The University has to turn over all the findings and underlying documents. The plaintiffs get to look through them and dig more if they want. Then briefs are written, then a decision is made. Minimum a year.
The fastest way would be some sort of settlement.
Thanks much. So if I understand this correctly, the real options are a motion to dismiss or a settlement as either could be done relatively quickly. The motion for summary judgement is appealing, but probably not worth another year of bad publicity, although there probably wouldn't be much publicity good or bad as people will lose interest.
If the university files a motion to dismiss and the judge grants it, can that be appealed by the plaintiff? Could another suit then be re-filed, starting the process over again? In reality, does the plaintiff say "we took our shot and it didn't work" and go away or do they likely clean up their lawsuit and resubmit?
If they're so confident in their case, maybe they should put forth some of the 10 mil they're asking for on an external investigation led by a firm of their choosing
The plaintiff’s attorney said what you would expect them to say but the report provides them a good idea of what Illinois’ defense will be. The plaintiff’s attorney should be able to judge the strength of their case and then make a decision whether to pursue a trial or negotiate a settlement.
IlliniSavage12
I
Guest
I wouldn't expect them to say anything else. Doesn't change the fact that it's a hail mary and they just want some money out of it.
I think they are probably hoping and praying that UI will settle early so they can get something out of the deal. I hope UI files for dismissal and tells them they won't settle. They could settle to avoid cost but I hope they don't.
IlliniSavage12
I
Guest
In football, there is absolutely no case. SC can't even find a lawyer willing to take it on. And he won't release his medical records which is a huge red flag against his allegations.
Well. at this point there is literally no case. I suppose that could change if the football piece of the investigation comes out negatively toward the university, then SC or others might find an attorney to leverage the report.
A settlement would basically end it immediately. The Plaintiff would file a motion, the judge would sign it a week later, everyone is done.
A M2D would require briefing, so it would take a couple months. It wouldn't really require discovery, but you have to argue like every factual allegation made by the plaintiff is true.
A granted M2D can be appealed, so can a granted motion for Summary Judgment.
Plaintiff could refile, though they would have to offer a valid reason for doing so, such as additional facts coming to light.
Thanks bob2. Can I assume you work in the legal profession or stayed at a Holiday Inn Express last night?
For the bolded above, did you mean untrue rather than true?
DrewD007
- Woodridge, IL
No, he means true. Basically the motion would be even if everything that they allege is true, there is still no cause of action upon which relief can be granted.
In discrimination cases like this, a defendant has essentially no chance of succeeding with a motion to dismiss because a plaintiff has a very low threshold to successfully allege discrimination. What generally happens in these matters is that, during the discovery process, the defendant will bring out evidence that it did things for non-discriminatory reasons. For instance, in this case the school will likely bring out evidence that the extra "dog pound" practices were to keep benchwarmers in shape and ready to play regardless of their race. The burden will then shift to the plaintiffs to bring out evidence proving that there was a racial motive for such practices. If they can't, then a judge would likely grant the school's motion for summary judgment. If the plaintiffs are able to create a factual dispute on this issue, the judge would likely deny the motion and order a trial on the facts that are legitimately in dispute.
Agree, a M2D would be successful only if the P really botched up drafting the complaint in a case like this.
As for SJ, I am not familiar enough with discrimination cases to know what are questions of fact and what are questions of law, so I can't say how likely a SJ is to be granted. I imagine the University will at least file one regardless though.
Posted this in a football thread but I also thought I'd post it here too. The amount the university (and taxpayers and students) have paid for the investigations so far is incredible.
http://www.dailyillini.com/article/...football-and-womens-basketball-investigations
http://www.dailyillini.com/article/...football-and-womens-basketball-investigations
Dan
Admin
Illinois has reached proposed agreement with former women's basketball players who sued program. $375,000 distributed among 7 players.
https://twitter.com/sryantribune/status/719910161163227136
University of Illinois reaches $375,000 settlement with former women's basketball players
http://www.news-gazette.com/news/lo...s-basketball-players-ui-reach-settlement.html
https://twitter.com/sryantribune/status/719910161163227136
University of Illinois reaches $375,000 settlement with former women's basketball players
http://www.news-gazette.com/news/lo...s-basketball-players-ui-reach-settlement.html
illinifaninwi
- DeForest, Wisconsin
Why is the University settling with Beckman? I can see the argument for possibly doing so with the women's basketball players but then why is Bollant still the head coach?
Whitman should have fired him at the same time as Cubit. The women's program could be so solid but this experiment failed miserably.
Regardless - Go Illini!
This is all about getting bad press off the front page of the Trib and Sun Times. Program perception should be at an all-time high with the Lovie hire, not weighed down by mistreatment allegations.
The Galloping Ghost 77
- Wheaton, IL
IMO the Beckman settlement makes more sense to me than the women's basketball team settlement. Is there precedent for settlements among former players suing a university? Even more confusing to me is why Bollant would keep his job when the university is settling with the players. "We at the University admit to no wrong-doing, but we are going to pay the players $375k so they stop talking about it"