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Here we go again with Winston / Kinsman sued Jameis today

Re: Here we go again with Winston

Well I kinda imagine Erica's civil suit vs FSU for creating a hostile sexual environment went a bit downhill when the Judge figures " in three attempts you have failed to prove anything except consensual sex, is FSU required to protect you from yourself?"
So now her attnys. are trying their last desperate hope for $$$.
 
Re: She really filed it

The timing makes me wonder if this is less about settlement and more about trying to move the Bucs off of choosing Winston. Think about the star QB playing for 15 years an hour from your hometown.
 
Re: She really filed it

Originally posted by Formerly Rockymtnole:
The timing makes me wonder if this is less about settlement and more about trying to move the Bucs off of choosing Winston. Think about the star QB playing for 15 years an hour from your hometown.
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Man-with-beard-approves.gif

I love the idea of him playing for the Bucs for 15+ years. So does this guy.

At the end of the day the easy move is to settle. Perhaps it is the right move. I don't know, but I'll hate it for him if he does settle but financially it may very well be the right move, especially taking into consideration all the court dates, media and all the BS.

On the other hand, this thing is starting to look like the eastern front of World War 2. At a certain point there was no turning back for either side, someone was going to lose. I could kinda see the vitriol and bitterness getting to a point where Winston and co. say no way and fight it to the bitter end.
 
Basically, Winston and company need to say, "go F--- yourself" and bring on any and all false allegations.
Posted from Rivals Mobile
 
Why is a civil suit even possible in a case like this. I get it if you want to sue your landlord for a security deposit back. People's court type stuff, but how can someone continue to harass another person when all sorts of arms of the law have said, she has no evidence.
Posted from Rivals Mobile
 
Re: Here we go again with Winston

Originally posted by West Duval Nole:


Originally posted by iNoles:
The Bucs and/or NFL will "encourage" Jameis to settle and make this go away.

She wins.
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And unfortunately that will probably be exactly what happens.
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I agree. The NFL would rather avoid the negative publicity as opposed to doing what's right for this young man.
 
Re: Here we go again with Winston

Originally posted by nolepaul23:


Originally posted by West Duval Nole:




Originally posted by iNoles:
The Bucs and/or NFL will "encourage" Jameis to settle and make this go away.

She wins.
Click to expand...
And unfortunately that will probably be exactly what happens.
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I agree. The NFL would rather avoid the negative publicity as opposed to doing what's right for this young man.
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Dangerous precedent! Should Jameis settle out of court for whatever reason, the NFL is taking a chance on any lying Hussie setting up player's/future NFL stars for "pay days"!

This post was edited on 4/17 6:04 AM by stancan
 
Originally posted by montconole:
So Clune was able to find the cabbie according to the story.
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So apparently the cabbie is an accessory to a forced abduction, according to Clune?

This girl doesn't stand a chance in court. I hope the only thing she gets is a countersuit.
 
Originally posted by DB1Nole:
AllNoles I understand what you are saying, but I highly doubt he changed his residency back to Alabama (or Cali) for 4 months.. He is most likely still a Florida resident.
Posted from Rivals Mobile
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Residency is not complicated. If he left Tally (which he would because he is not in school) and moved to his parents' house pending the draft and a move to where his team is, he would be an Alabama resident for venue purposes.
 
Originally posted by DB1Nole:
She can't win.. If she couldn't get to the 51%needed in the COC case (with no cross examination in her and her able to tell any lie she wants not under oath) there is no way she will be able to get past all of her stories.

Jameis and his witnesses have been spot on the entire time. Same story. End of story.
Posted from Rivals Mobile
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While I think he would win, it's simply ridiculous to say she can't win. Six random people in Orlando are much different that a retired supreme court justice when it comes to deciding the case. Look at this simply, the evidence of his innocence has been out there for 2 years but much of the public still thinks he did it. You don't think some of those knuckleheads could end up on the jury?
 
Originally posted by jimgeoko:
The problem for Winston is her lawyers now get a chance to depose him too. If I was his criminal defense lawyer I wouldn't want that. Although the state attorneys office declined to charge him that doesn't mean they can't change their mind once his deposition is taken. He could still assert his fifth amendment right but I believe in a civil suit that could be used against him....
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One of the first things his lawyers should be doing is filing a motion to abate the case until the criminal SoL runs out. It's common for courts to do this so that the defendant can testify on their behalf without criminal implications. However, it's within the court's discretion whether to do this or not.
 
I would hold a press conference to respond and say "the easy thing to do here is settle this out of court. Settling will make these allegations disappear, make this distraction disappear, and perhaps even be the financially responsible move. The timing of each lawsuit tells me that a settlement is the accuser's goal. But a settlement would be an affront to truth, an admission of a guilt which I don't carry, and an encouragement of future cleatchaser types who wish to falsely accuse and cash in without repercussions. I cannot settle, I will never settle, and I look forward to publicly exposing the lies of my accuser "
 
Originally posted by AllNoles:

Originally posted by DB1Nole:
She can't win.. If she couldn't get to the 51%needed in the COC case (with no cross examination in her and her able to tell any lie she wants not under oath) there is no way she will be able to get past all of her stories.

Jameis and his witnesses have been spot on the entire time. Same story. End of story.

Posted from Rivals Mobile
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While I think he would win, it's simply ridiculous to say she can't win. Six random people in Orlando are much different that a retired supreme court justice when it comes to deciding the case. Look at this simply, the evidence of his innocence has been out there for 2 years but much of the public still thinks he did it. You don't think some of those knuckleheads could end up on the jury?
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Can the "Hunting Ground" appearance and interview (or the unedited footage), the transcripts from the CoC hearing and all other versions of her story be entered into evidence for a civil case?
 
Every statement she has ever made will be admissible.

And you hit on a good point with the Hunting Ground stuff. A good lawyer will subpoena every single shred of paper and every piece of electronic data between Erika or her attorneys and anyone from that production. I suspect that issue alone will be a massive fight which will drag on for months.
 
Originally posted by AllNoles:
Originally posted by DB1Nole:
AllNoles I understand what you are saying, but I highly doubt he changed his residency back to Alabama (or Cali) for 4 months.. He is most likely still a Florida resident.
Posted from Rivals Mobile
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Residency is not complicated. If he left Tally (which he would because he is not in school) and moved to his parents' house pending the draft and a move to where his team is, he would be an Alabama resident for venue purposes.
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Did he really leave Tallahassee? I would guess that he had a lease on an apartment through the end of the spring semester, if not longer. Why would anybody think he would "move" to Alabama when he knows he is likely going to move again when he gets drafted? Also, he knows he is going to be having a pro day in Tally so he knows he is going to be back for some time and the time in Cali was nothing more than training.

Also, if I am his attorney for JW and expected a civil lawsuit, I would have certainly maintained a drivers license with a Tallahassee address and residence and I would have maintained such a residence there knowing that the plaintiffs would be seeking to try the lawsuit in other venues.

Just because he was "in" Tallahassee wouldn't me he is not a resident.
 
There is really ZERO point arguing his residency on this board. As I said, I don't know his residency. I think his lawyers should make every possible argument that he is still a Florida resident, but I was simply pointing out the law if he's not.
 
Originally posted by AllNoles:
Every statement she has ever made will be admissible.

And you hit on a good point with the Hunting Ground stuff. A good lawyer will subpoena every single shred of paper and every piece of electronic data between Erika or her attorneys and anyone from that production. I suspect that issue alone will be a massive fight which will drag on for months.
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Yes. But in theory...if Winston were to win in court he could then sue the makers of "The Hunting Ground" for slander and get some money back that way. I'd say go for it. That movie was made by CNN. Lot's of dollars to be made there and you know CNN would settle.
 
Usually your residence doesn't change as a student. When I was at FSU I 'lived' in Melbourne, FL as far as my driver's license and any legal items were concerned. I'm sure Jameis has 'lived' in Alabama through his college career.
 
For the poster who noted that Warner Wolf was killing Jameis on the "Imus in the Morning" show:

Wolf is pushing toward 80 years old. In a profession populated by sloppy, lazy "journalists", no one is lazier than Wolf, who plops his old ass into a chair on the set and reads off news wires.
Even in his alleged prime decades ago (which ended with the demise of VCR's making "Let's go to the videotape" sound as dumb as it was), he was a lazy, one-trick pony who did no serious reporting.
He is just playing out the string in a dying show.
 
Reminds me of something my old man told me years ago, it was meant to be a life lesson:
" Son, if you're going to have sex with an animal make sure it's a horse, that way you'll have a ride home."
 
I read where she'll get ripped apart on cross

But, Jameis hasn't testified yet....We know he says it was consensual but he won't have the right to remain silent and not have it used against him.

Same for Darby and Casher....

So, when people say "don't settle," there's always a LOT that goes into this.

And who knows when this thing will be scheduled for trial? What if it's during the playoffs? And what if a Judge says "Sorry, that's not a reason for a continuance."

So far as she's looking to get paid, I say "yeah, so what?" That's what lawsuits are about.....

As far as Cornwell is concerned, he's been so loud in the press, just daring Clune to file the case, that it wouldn't shock me if Clune took the position, "Screw that loud mouth, he won't dare me in the press like that." Then, Cornwell makes a bonehead statement about Jameis not being ready for the NFL off the field. All that did was enable Kinsman seems to me.

From merely a lawyer's perspective, the whole thing is just fascinating.
 
Re: I read where she'll get ripped apart on cross

"He's no longer and FSU athlete"? really? Since when? Are Charlie Ward, or Derrick Brooks no longer "FSU athletes"? Weird - really weird choice of words there. I get that you don't want the EK discussion on the TC any longer, but if this is the case, then we need to create an "FSU Alums" board so we can talk about those who are no longer "FSU Athletes".
 
Statute of Limitations is going to be too long for a motion to abate


There's an argument that there may not even be a statute of limitations for the alleged criminal act.
 
Originally posted by kdswain:
Is anyone surprised at this? Just a tramp looking to get paid. I really hope he doesn't settle. Countersue and drop a boulder of debt on her head.
Posted from Rivals Mobile
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I'm with you. I say screw that chic and fight for what you believe in. Don't settle just because the NFL doesn't want bad press. If they want to settle with them, then let the NFL do it. If I were him, I'd fight it til the end.
 
Originally posted by pdubb09:
Why is a civil suit even possible in a case like this. I get it if you want to sue your landlord for a security deposit back. People's court type stuff, but how can someone continue to harass another person when all sorts of arms of the law have said, she has no evidence.
Posted from Rivals Mobile
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there is a real issue whether EK's lawyers can be sanctioned for a frivolous suit or, worse set, charged with suborning perjury.

is EK lying now, or was she lying when she told the previous version of the story?
 
Citizenship for purposes of jurisdiction is a little more complicated than some are making it out to be. It involves a test which takes into account both where you are physically and where you "intend to remain." An earlier poster is correct that citizenship is determined at the time the complaint is filed, so if he moves in two weeks it will likely not be deemed relevant at all.

The bottom line is, I think Erica's team's choice of venue is a calculated move to try to keep both lawsuits filed by Kinsman out of the Northern District of Florida federal court, Tallahassee Division.
 
Re: I read where she'll get ripped apart on cross

Pretty sure Jamies made a statement at the COC hearing. His testimony at the Civil Trial, if there is one, will match what he said at the COC.
Originally posted by The Real Sonny:
But, Jameis hasn't testified yet....We know he says it was consensual but he won't have the right to remain silent and not have it used against him.

Same for Darby and Casher....

So, when people say "don't settle," there's always a LOT that goes into this.

And who knows when this thing will be scheduled for trial? What if it's during the playoffs? And what if a Judge says "Sorry, that's not a reason for a continuance."

So far as she's looking to get paid, I say "yeah, so what?" That's what lawsuits are about.....

As far as Cornwell is concerned, he's been so loud in the press, just daring Clune to file the case, that it wouldn't shock me if Clune took the position, "Screw that loud mouth, he won't dare me in the press like that." Then, Cornwell makes a bonehead statement about Jameis not being ready for the NFL off the field. All that did was enable Kinsman seems to me.

From merely a lawyer's perspective, the whole thing is just fascinating.
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this might have already been stated but 1) the Bucs and everyone else KNEW that this was not only a possibility but a probability; 2) this will take a minimum of two years to come to trial. EVERY sorority sister, every conversation, every email, every FB post, etc will be questioned. This will take time. 3) they are hoping for an out of court settlement (it will not happen). All of her inconsistencies and the hospital tests will be revealed. 4) the Bucs will still draft him #1. 5) the $15,000 is the minimum for Florida courts. if they get a ruling in their favor then it would go to a special hearing (before a judge) to assess whether their is grounds for punitive damage $$$$$.
 
JW made a statement, yes


But he wasn't cross examined. He was allowed to say what he wanted to say and essentially answer his own questions. But that's it.

I don't know that he will get ripped to shreds. But I don't know that he won't, either....
 
Originally posted by grogers103:
this might have already been stated but 1) the Bucs and everyone else KNEW that this was not only a possibility but a probability; 2) this will take a minimum of two years to come to trial. EVERY sorority sister, every conversation, every email, every FB post, etc will be questioned. This will take time. 3) they are hoping for an out of court settlement (it will not happen). All of her inconsistencies and the hospital tests will be revealed. 4) the Bucs will still draft him #1. 5) the $15,000 is the minimum for Florida courts. if they get a ruling in their favor then it would go to a special hearing (before a judge) to assess whether their is grounds for punitive damage $$$$$.
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Hope you're right.
 
Why was this being filed in Orange County? Are they thinking that's their best chance of finding an unbiased jury to try this in front of, should it come to that?
 
There's just no way Clune would allow her to be deposed and exhibits to be entered, much less an actual trial cross exam.
 
The interesting thing I noticed on ESPN this morning is how the story is changing. Mike and the two people from His and Hers were very careful to repeat that Jameis has never once been charged for a crime, has gone through several investigations, and been cleared over and over. They didn't come right out and say it was a money thing, but they certainly defended Winston a lot harder than they did before (Which was to say they didn't). Public opinion certainly seems to suddenly be spinning more in his direction that previously.
 
Originally posted by kc78:
The interesting thing I noticed on ESPN this morning is how the story is changing. Mike and the two people from His and Hers were very careful to repeat that Jameis has never once been charged for a crime, has gone through several investigations, and been cleared over and over. They didn't come right out and say it was a money thing, but they certainly defended Winston a lot harder than they did before (Which was to say they didn't). Public opinion certainly seems to suddenly be spinning more in his direction that previously.
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not surprised.

ESPN now makes more money kissing his ass since he is in the NFL than they did by tearing him down when he was at FSU.
 
Originally posted by crooked_rain:
There's just no way Clune would allow her to be deposed and exhibits to be entered, much less an actual trial cross exam.
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How does he think he could win without putting her up on the stand? Doesn't he want her up there turning on the tears so the feminazis in the jury get all upset and award her money? Especially if people like Darby and Casher can testify as to what they saw her doing to and with JW. I would prepare an exhibit showing a giant flow chart of her lies and how they changed over and over again. and put a flow chart up right next to it showing how JW's story has not changed once.
 
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