Geno being sued | Page 7 | The Boneyard

Geno being sued

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Aluminny69 said:
Didn't we have this "hanged" vs. "hung" discussion before? It's Deja vu all over again...
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I think I was the first to invite attention to the distinction between the two words. After a dozen years years of posting and 700+ posts in this latest iteration of the Boneyard, it's the lone topic I ever raised that drew sustained attention. Indulge me as I grant myself a "YAY!," deserved or not.

Now, with all this legal discussion, I'll toss out another distinction. Lawyers are always lawyers but they become attorneys only when engaged by some one in that capacity. You don't believe me? Take it up with the clientele at Husky Nan's salon for a definitive opinion.
 
ericsandiego said:
Actually, that's not exactly correct.

She provided a list of witnesses, who she said knew about the encounter, to the N.B.A. this year, in an attempt to retain her Olympic assignment, she said. But the league’s general counsel did not talk to these people, or to Mr. Auriemma, according to the lawsuit.

No, not correct - there were no witnesses to what supposedly happened 3 years ago.
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caravaggio said:
3) From the NYT article, she makes claims regarding her disclosures to others, including management, shortly after the event in 2009--ranging from the same night to shortly afterwards. These are claims that could be easily disproved (interviewing her boss about whether she did inform him of it back in 2009, fx). Therefore, it would be pretty foolish, for someone with a law degree and in law enforcement to make these claims unless they are true.

It seems to me that someone with such an extensive law enforcement resume would have known the importance of pressing the issue immediately. Even if her claims that she was ignored are true why didn't she simply go to the press? This type of story is readily gobbled up by an eager press corp.

To say this is not implausible is rather meaningless - may as well said its in the realm of possibilty or it could have happened. Three years ago I might have been high on pot. My friends would probably say that's not implausible too but it doesn't make it any closer to the truth - that none of us really know. To prove something that didn't happen it a tough road.

3 years and now a financial reason to make the claim? I find it pretty implausible.
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winlots said:
A banner day (event) for those who are so busy trying to divide us along every conceivable dimension, such as gender, ethnicity, age, race, income......all the while failing to recognize (or choosing to ignore) our common bond as human beings.
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Essntially the same mistake made by paleoanthropologists the world over, for more than a century, in coming to grips with Neandertal and other hominid remains.
 
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HuskyNan said:
For the record, Cat is a Reliable Source for legal issues.
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Not bad for an oncology nurse! :)

And exactly what did she do in a prior life? :)

A multi-talented and astute Boneyarder!
 
Kibitzer said:
I think I was the first to invite attention to the distinction between the two words. After a dozen years years of posting and 700+ posts in this latest iteration of the Boneyard, it's the lone topic I ever raised that drew sustained attention. Indulge me as I grant myself a "YAY!," deserved or not.
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I would say that's something you can really hang your hat on.
 
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Wonkster said:
Essntially the same mistake made by paleoanthropologists the world over, for more than a century, in coming to grips with Neandertal and other hominid remains.
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I don't know if this was your intent, but I'm always glad to see someone point out difficulties with paleolithic evidence. There are a number of accounts were paleolithic evidence (fossils, etc.) differ from ethnographic evidence (first discovery and report of a nomadic tribe). The paleolithic evidence, which requires a variety of assumptions to interpret (increases reliability, decreases validity), has been revealed to sell early nomadic tribes short on many counts. Thanks for mentioning that.
 
Kait14 said:
As they should be. Those guys' lives were ruined because of that false allegation
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Thats what happens when an individual brings false allegations against someone. The life of the accused is never the same.
 
I see that Kelley Hardwick is most often referred to as a law school graduate and not as a lawyer. Does that mean that she never passed the bar exam? I am just trying to get a better picture of Geno's accuser.
 
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UConnCat said:
Geno's lawyers will seek to dismiss the complaint and I don't see how it survives such a motion. As has been stated by others, the legal claim against Geno is very, very weak. The complainant and Geno work for different employers. The complainant's employer is the NBA and Geno is working for USAB. The complaint doesn't assert a direct discrimination claim against Geno (how could it? Complainant doesn't work for Geno or USAB), but instead asserts that NBA is responsible for Geno's alleged unlawful conduct through the principle of respondeat superior (employer is responsible for the conduct of its employees, agents, contractors, etc.). But if the plaintiff prevails on that theory, by definition the claim is only against the NBA, not Geno.
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There is no individual liability under Title VII, for discrimination, retaliation, or harassment. Employers are liable through respondeat superior.

The New York statute, in an odd twist, appears to allow claims against individuals for retaliation, but not for alleged discrimination.
 
UConnCat said:
A motion to dismiss can be filed with the Answer to the complaint which is likely due in 30 days, or it can be filed after the Answer is filed. My guess is it'll be filed soon. A decision by the court could take a while. The legal blog linked in John A's blog also raises a jurisdictional issue that I thought about as well. The suit was filed in state court which requires personal jurisdiction over Geno (since the alleged act(s) didn't take place in NY). I don't see how the court has jurisdiction over Geno as he resides and works in CT and doesn't appear to have regular and purposeful activities in NY. A motion to dismiss could proceed on a jurisdictional grounds as well. (There would be no jurisdiction issue if the suit were filed in federal court but a federal complaint requires a claim under federal law. I'm no expert on federal employment law but I wonder if an administrative filing (EEOC) is required before filing a lawsuit.)
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See my previous post about Title VII. It also appears she filed state law claims so Geno could be named individually. Under Title VII, he could not be.

As for compliance with administrative prerequisites, a claimant needs to file a Charge of Discrimination with the Equal Employment Opportunity Commission within 180 calendar days from the day the discrimination took place.

The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency (like the Arizona Civil Rights Division; I practice in Arizona) enforces a law that prohibits employment discrimination on the same basis. Timely filing a charge of discrimination is a prerequisite to filing a private lawsuit. See Fonesca v. Sysco Food Servs. of Arizona, Inc., 374 F.3d 840, 845 (9th Cir. 2004).
 
CamrnCrz1974 said:
There is no individual liability under Title VII, for discrimination, retaliation, or harassment. Employers are liable through respondeat superior.

The New York statute, in an odd twist, appears to allow claims against individuals for retaliation, but not for alleged discrimination.
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Cam, some have raised the question if Geno is charged properly under New York law because he is a CT resident and his employer is not in NY either.
 
Icebear said:
Cam, some have raised the question if Geno is charged properly under New York law because he is a CT resident and his employer is not in NY either.
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As a general matter, Title VII (the federal law) applies to employers/employees, not independent contractors. The New York statute is likely similar, but as I demonstrated above w/r/t individual liability for retaliation, there are some differences.

The issue, for jurisdictional purposes, is what Geno did to avail himself of jurisdiction in New York. This could be accomplished by the location of the alleged actions or the location of the corporate entity/employer. Upon first hearing about the litigation, though, one of my first thoughts was to question whether jurisdiction was proper.
 
CamrnCrz1974 said:
As a general matter, Title VII (the federal law) applies to employers/employees, not independent contractors. The New York statute is likely similar, but as I demonstrated above w/r/t individual liability for retaliation, there are some differences.

The issue, for jurisdictional purposes, is what Geno did to avail himself of jurisdiction in New York. This could be accomplished by the location of the alleged actions or the location of the corporate entity/employer. Upon first hearing about the litigation, though, one of my first thoughts was to question whether jurisdiction was proper.
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Geno's employer in this case is USA basketball which is centered in Colorado Springs, CO. Geno has no connection to the NBA
 
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UConnCat said:
A motion to dismiss can be filed with the Answer to the complaint which is likely due in 30 days, or it can be filed after the Answer is filed.
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Generally, under the federal rules, if it is a motion to dismiss for failure to state a claim (Rule 12(b)(6)), it should be brought before the Answer is filed. I generally will file a Motion for Judgment on the Pleadings (Rule 12(c)) if I am filing an Answer, but also filing a dispositive motion at the outset of the litigation.

A motion to dismiss for lack of subject matter jurisdiction (Rule 12(b)(1)) or personal jurisdiction (Rule 12(b)(2)) should generally also be filed before the Answer.
 
Icebear said:
Geno's employer in this case is USA basketball which is centered in Colorado Springs, CO. Geno has no connection to the NBA
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The question is whether Geno is truly an "employee" of USA Basketball or if he is an independent contractor. There is a 12 factor test used to determine whether someone is an employee or someone is an independent contractor, for purposes of federal law (Title VII). The factors relevant to this inquiry are as follows:

[1] the skill required; [2] the source of the instrumentalities and tools; [3] the location of the work; [4] the duration of the relationship between the parties; [5] whether the hiring party has the right to assign additional projects to the hired party; [6] the extent of the hired party’s discretion over when and how long to work; [7] the method of payment; [8] the hired party’s role in hiring and paying assistants; [9] whether the work is part of the regular business of the hiring party; [10] whether the hiring party is in business; [11] the provision of employee benefits; and [12] the tax treatment of the hired party.

Edited to add: The test outlined above is from Ninth Circuit cases named Adcock and Lutcher. There is a DC Circuit case named Spirides that focus almost solely on the right to control the means and manner of one's performance. In the Ninth Circuit, the right of control is a primary inquiry, but not the sole one, and all twelve factors are relevant to the inquiry. New York, for those who do not know, is in the Second Circuit, as far as its federal courts are concerned.
 
I can't imagine why Cam provides us (and Dukies) with so much insight about wcbb since he has now revealed a little promise in the more lucrative field of jurispudence.:rolleyes:
 
Kibitzer said:
I can't imagine why Cam provides us (and Dukies) with so much insight about wcbb since he has now revealed a little promise in the more lucrative field of jurispudence.:rolleyes:
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Due to the various downturns in the economy over the past decade, my Duke Law School degree was no longer sufficient to get me hired as a "waiter" at some of the "better restaurants." As a result, I had to resort to working at one of the biggest firms in the country and now as the Assistant City Attorney for one of the largest cities in the United States. ;)
 
Take a look at these comments from her Lawyer on Altavilla's Blog:

"The lawyer representing NBA security director Kelley Hardwick in her employment discrimination suit against Geno Auriemma, the NBA and USA Basketball said Wednesday a possible trial might not take place for years.
“It could take two to three years for the case to be heard,” said Randolph M. McLaughlin, counsel for the New York law firm Newman Ferrara LLP. “There needs to be a discovery phase, we’ll need to bring Auriemma in, put him in a witness chair and take his deposition, along with those of any players who were present [since Auriemma’s hiring by USA Basketball in 2009].
“It can be a very nasty business. It [the suit] could be settled before [the London Olympics in August] but it all depends on what USA Basketball and the NBA want to do. I’m willing to have a conversation, but no one has reached out.”"


In other words... if you pay up, all of this will be gone. At least that's how it comes off to me
 
Santini35 said:
Take a look at these comments from her Lawyer on Altavilla's Blog:

"The lawyer representing NBA security director Kelley Hardwick in her employment discrimination suit against Geno Auriemma, the NBA and USA Basketball said Wednesday a possible trial might not take place for years.
“It could take two to three years for the case to be heard,” said Randolph M. McLaughlin, counsel for the New York law firm Newman Ferrara LLP. “There needs to be a discovery phase, we’ll need to bring Auriemma in, put him in a witness chair and take his deposition, along with those of any players who were present [since Auriemma’s hiring by USA Basketball in 2009].
“It can be a very nasty business. It [the suit] could be settled before [the London Olympics in August] but it all depends on what USA Basketball and the NBA want to do. I’m willing to have a conversation, but no one has reached out.”"


In other words... if you pay up, all of this will be gone. At least that's how it comes off to me
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Typically doesn't a civil lawsuit involve money? If Hardwick feels that she was denied promotions and equal pay, what else would she request, a 10 year supply of M&Ms?

If the NBA has a patter of discrimination then the only way to change their ways is to hit them where it hurts, which is in the pocketbook.
 
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