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Erica Kinsman Title IX suit moved to North Florida

So this is a win for FSU/Jameis, no? I think I remember reading that her lawyer was polling people in Florida to find out where the most sympathetic jury poll would be. North Florida is off the charts supportive of FSU and Jameis.
 
doofy10 said:
So this is a win for FSU/Jameis, no? I think I remember reading that her lawyer was polling people in Florida to find out where the most sympathetic jury poll would be. North Florida is off the charts supportive of FSU and Jameis.
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Exactly. This girl and her team has tried every dirty trick in the book to get paid. Clune needs to be disbarred.
 
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As has been said many times, these suits are about Clune and Bafoon getting paid.
 
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In case you missed the update...

Kinsman's Title IX Lawsuit Transferred to Northern District of Florida
 
This was the judge moving the case from Orlando where filed to Tallahassee where the 'defendant' is located. Nothing more.
 
Lanoles said:
This was the judge moving the case from Orlando where filed to Tallahassee where the 'defendant' is located. Nothing more.
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ahhh, ok. There was no link. I am sure the ambulance chasers are a bit disappointed. Even the judges know they are after the $$$,,,
 
Attorney's, what are the odds of this going to trial, I'd guess better with the venue change as it might reduce the chance of settling/paying her for her sex?
 
so wait, it says Title IX lawsuit. so this is the lawsuit against FSU, right? not Winston? is that correct? i cornfused. o_O

...also scrolling down in the link and reading a few articles back, the total she is suing Jameis for is only $15K. that doesn't sound like a whole lot for all the trouble she's going through.
 
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doofy10 said:
Give Clune some credit. Seems like an Uncle Pat move if you ask me.
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I don't agree, I don't think Uncle Pat has any say in this now. I think this is all driven by her investors/liars (er, I mean, lawyers) getting paid, and this is just a card that didn't turn up their way.
 
An easy (and correct) decision. Typically, this (gata) judge would GO OFF on someone filing a suit in his court when it so obviously belonged elsewhere. I have not read the actual Order, but I suspect it is couched in fairly muted tones. Another (gata) judge in this same district exploded on Bobby when he wrote a sentencing letter on behalf of Sammie Smith many years ago. Funny how that works.
 
whippnole said:
so wait, it says Title IX lawsuit. so this is the lawsuit against FSU, right? not Winston? is that correct? i cornfused. o_O

...also scrolling down in the link and reading a few articles back, the total she is suing Jameis for is only $15K. that doesn't sound like a whole lot for all the trouble she's going through.
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15k is the minimum amount needed to file the lawsuit.
 
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whippnole said:
so wait, it says Title IX lawsuit. so this is the lawsuit against FSU, right? not Winston? is that correct? i cornfused. o_O

...also scrolling down in the link and reading a few articles back, the total she is suing Jameis for is only $15K. that doesn't sound like a whole lot for all the trouble she's going through.
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$15K is just the minimum to have it in circuit court. It's for much more than that but only needs to say "greater than $15k"

And this on is just her suit against FSU, not the JW one.
 
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Again, if Winston changed his residence after he left school, the suit against him is properly venued in Orlando.
 
The judges don't know anything, nor do they care. They are simply applying venue statutes. Don't over read.

This is good news, though. If it's now in front of Walker or Fonvielle, there is a good chance this gets tossed on the merits.
 
You list two judges....two out of how many?

Thanks for the insight you give on this....it's nice to read posts from someone who knows the law.
 
I did not read the story. However, if it was moved to the Tally division, it's those two or Judge Stafford (retired status and I can't imagine him getting this) or my old law partner, Charlie Stampelos, if they agree to the magistrate. I think they are ALL great options.
 
Thanks......so it sounds like there is a pretty good chance FSU gets a favorable judge!!!
 
AllNoles said:
I did not read the story. However, if it was moved to the Tally division, it's those two or Judge Stafford (retired status and I can't imagine him getting this) or my old law partner, Charlie Stampelos, if they agree to the magistrate. I think they are ALL great options.
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Wait! Not William Stafford?
 
Lol yeah. He's still on senior status but I havent seen him in a case in over a decade.
 
This is a BIG ruh roh for the Accuser. Her case sucks. She was trying to stack the deck as best she could and this is a huge reversal of that effort.

Even bigger is if and when this happens in Winston's individual case. Moved to Tally and THEN let loose on the counterclaims. Sue EVERYBODY.
 
mandarinole said:
This is a BIG ruh roh for the Accuser. Her case sucks. She was trying to stack the deck as best she could and this is a huge reversal of that effort.

Even bigger is if and when this happens in Winston's individual case. Moved to Tally and THEN let loose on the counterclaims. Sue EVERYBODY.
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If that happens..."UNLEASH HELL!" I'd love to see it happen!
 
I am not a lawyer and i haven't played one on TV. I also haven't stayed at a Holiday Inn Express so I am not an expert...

That being said I can't imagine that Clune's reprehensible behavior in the wake of the Code of Conduct Hearing won't come back to bite him in this District. Saying that "the fix was in" about a former Supreme Court Justice's ruling can't help win friends and influence people in this area...

I know people will say that whatever judge that gets this case will follow the law and rules and procedures but on any 50-50 calls I'd have to assume that Clune will not get the benefit of the doubt.

Quotes from Clune:
--
"I don't want to impugn the proceeding as corrupt, but I think it was biased and the fix was in," Kerr said in a phone interview with The aissociated Press.

“We are stunned and dismayed by the order,” Clune said. “It’s not a decision at all but a statement that the judge couldn’t decide.”

Clune said. “The order doesn’t even follow the student conduct code, and it ignores the bulk of the evidence.”

He added, “There are certainly glaring bases for appeal, but at some point we have to recognize that Florida State is never going to hold Jameis Winston responsible.”
--

AllNoles and other lawyers on the board, what are your thoughts on my premise? Will Clune's statements negatively affect their chances in the courthouse?

SFNole
 
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..and no shocker but the gator fans are apoplectic with this latest news.
They are convinced that the entire judicial system in the state of Florida is somehow in FSU's back pocket.
 
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Clune will start with close to a clean slate in Tally. Judges try real hard to be fair.

That said, he's a big mouth and has a terrible case - my $ is he's in the Court's bad boy list before too long.
 
mandarinole said:
Clune will start with close to a clean slate in Tally. Judges try real hard to be fair.

That said, he's a big mouth and has a terrible case - my $ is he's in the Court's bad boy list before too long.
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Are you a lawyer Mandarinole? Also are you from Mandarin high in Jax? My best friend's wife went there.

SFNole
 
I hate to break it to everyone but this isn't a big win. It's minor and expected by all parties. It would have been stupid for the accuser's side not to try it in the off chance that they were found favorable and it was to be heared down there.
 
Dr. Nole said:
..and no shocker but the gator fans are apoplectic with this latest news.
They are convinced that the entire judicial system in the state of Florida is somehow in FSU's back pocket.
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Isnt the Judge who moved it a gator?
 
LT4PLY said:
I hate to break it to everyone but this isn't a big win. It's minor and expected by all parties. It would have been stupid for the accuser's side not to try it in the off chance that they were found favorable and it was to be heared down there.
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It depends on what one considers a big win. While I agree you're right it likely was expected from both sides...I think any legal proceeding vs FSU or Jameis Winston individually will be much more favorable in Tallahassee courtrooms. I'd say that's a big win regardless of whether it's expected.
 
So is this right? The Title IX suit, which is Erica Kinsman vs FSU, has been moved to Tallahassee from Orange Co. But a couple of weeks ago, the story was that Erica had filed a civil suit against Winston in Orange Co. Erica vs Jameis. Is that civil suit still in Orange County?
 
fsugrad said:
So is this right? The Title IX suit, which is Erica Kinsman vs FSU, has been moved to Tallahassee from Orange Co. But a couple of weeks ago, the story was that Erica had filed a civil suit against Winston in Orange Co. Erica vs Jameis. Is that civil suit still in Orange County?
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Yes, the civil suit is in OC. That will likely stay because it's highly unlikely that JW has ever been a FL resident.
 
LT4PLY said:
I hate to break it to everyone but this isn't a big win. It's minor and expected by all parties. It would have been stupid for the accuser's side not to try it in the off chance that they were found favorable and it was to be heared down there.
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From what other posters have said, the pool of judges that could hear the case is a positive for FSU so Id say this is positive for FSU.
 
LT4PLY said:
I hate to break it to everyone but this isn't a big win. It's minor and expected by all parties. It would have been stupid for the accuser's side not to try it in the off chance that they were found favorable and it was to be heared down there.
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It was actually ill-advised by Team Kinsman. For starters, your case gets off on a bad foot, and gets transferred to the correct venue with unfavorable inferences and innuendos. Never good. Second, even if you somehow (improperly) "won" in Orlando, you just bought yourself a 12-18 month appellate delay, and you still run a good chance of ending up where you should have voluntarily started in the first place. Not exactly what a truly aggrieved plaintiff wants to do. So far, this strikes me as amateur hour by Team Kinsman with both of her lawsuits. Just playing a media game and hoping that FSU/Winston will blink to make it all go away.
 
sfnole said:
I am not a lawyer and i haven't played one on TV. I also haven't stayed at a Holiday Inn Express so I am not an expert...

That being said I can't imagine that Clune's reprehensible behavior in the wake of the Code of Conduct Hearing won't come back to bite him in this District. Saying that "the fix was in" about a former Supreme Court Justice's ruling can't help win friends and influence people in this area...

I know people will say that whatever judge that gets this case will follow the law and rules and procedures but on any 50-50 calls I'd have to assume that Clune will not get the benefit of the doubt.

Quotes from Clune:
--
"I don't want to impugn the proceeding as corrupt, but I think it was biased and the fix was in," Kerr said in a phone interview with The aissociated Press.

“We are stunned and dismayed by the order,” Clune said. “It’s not a decision at all but a statement that the judge couldn’t decide.”

Clune said. “The order doesn’t even follow the student conduct code, and it ignores the bulk of the evidence.”

He added, “There are certainly glaring bases for appeal, but at some point we have to recognize that Florida State is never going to hold Jameis Winston responsible.”
--

AllNoles and other lawyers on the board, what are your thoughts on my premise? Will Clune's statements negatively affect their chances in the courthouse?

SFNole
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No. Not at all.

Not sayjng she has a good case but judges are pros. They deal with worse than that and stay neutral all the time.
 
I think the Orlando filing issue is not nearly as significant as many think here. It's really no big deal. Cases get filed in wrong venue all the time. They get moved back. It's not that significant unless you try to make it so.
 
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