FSU will cave. Even if FSU proves that trailer trash is trailer trash -- an immutable truth -- what does that really accomplish?? I have no idea where the case stands procedurally, but Kinsman presumably has some interest in avoiding a deposition in which she (presumably) tells more conflicting stories.....like all things, it will boil down to whether her scuzzy lawyers -- the "investors" -- can get a suitable return on their "investment." Kinsman is basically a turnip and will do whatever the investors tell her to do.
FSU in "substantive negotiations" with accuser
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FSU will cave. Even if FSU proves that trailer trash is trailer trash -- an immutable truth -- what does that really accomplish?? I have no idea where the case stands procedurally, but Kinsman presumably has some interest in avoiding a deposition in which she (presumably) tells more conflicting stories.....like all things, it will boil down to whether her scuzzy lawyers -- the "investors" -- can get a suitable return on their "investment." Kinsman is basically a turnip and will do whatever the investors tell her to do.
The only thing FSU will fight is legitimate requests for public records. It's amazing.
I don't know how Kinsman can handle herself if or when she does get deposed in either case. I mean, when you are deposed you are under Oath. That's the silver lining here. She can get in real trouble if she says things under Oath that can be proven to be factually incorrect or even outright lies. Am I correct on that, AllNoles? If you're FSU why not at least hold out long enough to Depose her under Oath? Or maybe they have already taken her Deposition. I have no idea about that.
Either way, Winston's attorneys will get the chance to depose her because I highly doubt he is going to settle.
That's not how it works in real life. It doesn't matter if you think you have a rock solid case. There is no guarantee you win at trial on any case ever. You don't take that risk.
Winston will 100% settle eventually just like every other athlete almost always does. People have moved on from him with his issues at FSU. It would be stupid of him to go to trial and have all of that dirt brought back up.
No they haven't. Most Sports fans have, but I went to Twitter the other day there are lots of people commenting about how much they believe Kinsman after watching her on the Hunting Ground after she told her 7th version of her story and how Winston is a scum bag and so forth. These are people that have no idea of the true facts of the case.
You don't think it will be Front page news if he pays her off?
You think those people care if FSU wins at trial or if Winston does? No matter what happens from here on out those people will just crap all over FSU and Jameis whenever they want. The facts and "who wins at trial" isn't relevant to them. Cook won at trial and those same people still say he beat up that girl. FSU has absolutely nothing to win except for some moral victory that doesn't matter. People that hate Winston and FSU will hate them no matter what.
You also have no dog in this fight so it's easy to say they should go to trial.
With Winston, I don't think he will settle. I never said he should or shouldn't settle, only that I don't think he will. He has won every time this case has been investigated or heard by any entity under a multitude of standards of evidence.
He has enough money to fight this if he wants. The only reason he would settle is if he thinks he'll lose and if he thinks he'll be owing a lot of money when he loses.
With FSU, it is different. I do have an opinion on not settling for them. If they settle, it really sends a message that a woman can lie and her lawyers can do unethical things in the name of Title IX laws in order to extort money from a public university who did nothing wrong to be held liable. It isn't that FSU is going to go broke off of this case in my opinion. They have some options.
re FSU, the situation is very different from Winston. First, FSU's liability is unclear. by that I mean regulations like Title IX are not carved in stone, they are constantly evolving. ask a lawyer what your duties are in a given situation and they can't tell you. Its intentionally vague so they can get you later. So even if FSU can proven that Erica told yet another version of her story, that may not matter. Also, FSU is subject to political pressure and may settle for nonfinancial reasosn. These are the same pressures that kept Meggs from charging her for filing a demonstrably false police report (e.g. I was drugged but tox screen shows no drugs).
As for Winston, yes, a lot of people settle. However, a lot of celebrities sue the National Enquirer etc. just to restore their good name. His reputation is worth far more than the legal fees - just look at Ray Rice.
As for Winston, yes, a lot of people settle. However, a lot of celebrities sue the National Enquirer etc. just to restore their good name. His reputation is worth far more than the legal fees - just look at Ray Rice.
The other thing is if Winston were planning to settle, then why would he file a Countersuit? She isn't just a Plaintiff. She's also a Defendant.
I'm sure there are plenty of Gators to give her a high profile job just to screw over FSU.
Do you still hold this opinion even with Thrasher at the helm as opposed to Barron? Thrasher hasn't been scared at all to go out publicly to defend FSU.
Like it or not, FSU is not going to plan strategy based on what might help Winston. And if I were her lawyers I would file motions in both courts to have her deposed once for both cases.
She can't get "in real trouble." It can impact her credibility at trial, but all her inconsistencies already can and will. She clearly does not care. They must have a trial strategy that tries to explain all this.
Careful, I had folks come after me with pitchforks and torches when I suggested this
Totally agree, the Title IX stuff is different. I am not saying she has a good case (I don't think she does), but it's not all based on the incident. I am curious whether if it goes to trial, whether the jury will be asked to conclude whether she was raped. I doubt it.
Honestly, not relevant much. Filing the counterclaim would just be posturing. But I think Winston may very well be comfortable defending this case.
Yeah, he's a politician. It's all about weighing risk, and the Title IX case is scary from a fee perspective.
You all got me interested so I looked at the FSU organizational chart, the General Counsel is one of a dozen direct reports to the President.
It must be hard to get one-on-one time with the boss.
http://hr.fsu.edu/PDF/Publications/classification/University Organizational Chart_Overview.pdf
It must be hard to get one-on-one time with the boss.
http://hr.fsu.edu/PDF/Publications/classification/University Organizational Chart_Overview.pdf
Just threaten a hunger strike.
Some GCs are very close to the president. When my former law partner was GC he and D'alembert spoke multiple times a day.
FSU Administration sure took a defeatist attitude in the beginning for sure.
I suspect it was less about legal tactics and more about not wanting to further the false narrative that FSU favored star athletes over rape victims.
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