Geno being sued

[alexrgct]

The Duke guys were hung before hand and now are cashing in with a lawsuit.

Hanged

 

[HuskyNan]

Hanged

Definition of hung (warning: R-rated explicit definitions)

Just as a BTW, at this link there was a t-shirt ad:

 

[UConnCat]

Probably my favorite post in this thread, Cat. Question: how quickly could Geno's lawyers file to dismiss the complaint against him, and is it feasible that that could be adjudicated quickly?

My theory, assuming the alleged kissing attempt either did not happen, or is exaggerrated, is that plaintiff's lawyers want Geno involved to create additional pressure to settle.. If I am right, Geno might counter sue for defamation of character, or something like that, correct?

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.)

Of course, a dismissal of the lawsuit is not a finding that the alleged conduct didn't occur. Still, Geno would accept that outcome and deny the allegations outside the courtroom.

 

[Icebear]

Definition of hung (warning: R-rated explicit definitions)

An old army friend of of mine used to say, "At Fort Leavenworth both men and women may be hanged but only the men are hung."

 

[Icebear]

The Duke guys were hung before hand and now are cashing in with a lawsuit.

That's not what the stripper said.

 

[Aluminny69]

That's not what the stripper said.

Didn't we have this "hanged" vs. "hung" discussion before? It's Deja vu all over again...

 

[Icebear]

Didn't we have this "hanged" vs. "hung" discussion before? It's Deja vu all over again...

Apparently, we are still hung up on it.

 

[Kibitzer]

Didn't we have this "hanged" vs. "hung" discussion before? It's Deja vu all over again...

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.

 

[ctfjr]

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.

 

[ctfjr]

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.

 

[Wonkster]

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.

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.

 

[MilfordHusky]

For the record, Cat is a Reliable Source for legal issues.

Not bad for an oncology nurse!

And exactly what did she do in a prior life?

A multi-talented and astute Boneyarder!

 

[MilfordHusky]

Apparently, we are still hung up on it.

The subject continues to hang around.

 

[Wonkster]

Hanged

Alex - it's Tonyc. You're playing Canute against the waves.

 

[easttexastrash]

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.

I would say that's something you can really hang your hat on.

 

[Icebear]

Interesting legal analysis.

http://www.ctemploymentlawblog.com/...ment-lawsuit-against-geno-auriemma/#more-3812

 

[Kibitzer]

I would say that's something you can really hang your hat on.

ETT, are you still here? I thought you said you were going to "stand down."

 

[easttexastrash]

ETT, are you still here? I thought you said you were going to "stand down."

I did. Then I stood back up.

 

[diggerfoot]

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.

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.

 

[meyers7]

I would say that's something you can really hang your hat on.

Only under certain conditions.

 

[Kait14]

The Duke guys were hung before hand and now are cashing in with a lawsuit.

As they should be. Those guys' lives were ruined because of that false allegation

 

[connboy77]

As they should be. Those guys' lives were ruined because of that false allegation

Thats what happens when an individual brings false allegations against someone. The life of the accused is never the same.

 

[FairView]

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.

 

[easttexastrash]

Only under certain conditions.

Clever!

 

[CamrnCrz1974]

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.

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.