http://profootballtalk.nbcsports.co...ston-shifts-kinsman-lawsuit-to-federal-court/
This will clear up a few unknowns
This will clear up a few unknowns
Winston suit moved to federal court
- Thread starter LT4PLY
- Start date
From the article:
Buccaneers quarterback Jameis Winston has removed the complaint filed against him from Florida state court to Florida federal court. It’s a very common procedural move arising from the general belief that, in civil actions, the plaintiff is more likely to prevail and/or to secure a larger verdict in state court and the defendant is more likely to prevail or to face a smaller verdict in federal court.
The rule of thumb primarily comes from the difference in the way judges are appointed. At the state-court level, judges are elected by popular vote. At the federal level, they’re appointed for life and thus have no reason to consider in any way the impact of rulings and verdicts on the their job security.
Federal law acknowledges that dynamic by providing defendants who don’t reside in the state where they have been sued the right to move the case from state court to federal court, if more than $75,000 is at stake. That’s precisely what Winston did.
Does this also mean that he is less likely to cut a deal even if the Buc's and NFL would like him too?
This allegation has been a vicious and sustained attack upon his character. IF he is innocent, he should fight it to the end regardless of the financial impact.
I'll assume this is good news for JW.
Does anyone know whatever became of the motion from FSU to dismiss the Title IX claim that EK filed?
Does anyone know whatever became of the motion from FSU to dismiss the Title IX claim that EK filed?
might be better off in federal court because of differences between the Florida Evidence Code & the Federal Rules of Evidence as well... but I could be wrong (haven't looked it up).
Less game playing in federal court, for sure, as the judges will not tolerate the gamesmanship by the Colorado investors. Case will move fairly quickly, and likely go to trial in 18 months or less (if not otherwise resolved).
But currently assigned to Judge Anne Conway, a big Gata who excoriated Bowden back in the 90s when he wrote a letter on behalf of Sammie Smith.
I expect a transfer motion to be filed soon. Typically, Judge Conway likes to lighten her work load, so she would generally grant any such (credible) motion. Will be interesting to see if she makes an exception to keep this one. Looks like Cornwell's litigation partner is handling this one from ATL.
But currently assigned to Judge Anne Conway, a big Gata who excoriated Bowden back in the 90s when he wrote a letter on behalf of Sammie Smith.
I expect a transfer motion to be filed soon. Typically, Judge Conway likes to lighten her work load, so she would generally grant any such (credible) motion. Will be interesting to see if she makes an exception to keep this one. Looks like Cornwell's litigation partner is handling this one from ATL.
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You'd think...but they do have lifetime appointment. They could do whatever they wanted in theory.
That's what one would reasonably think, but, in this instance, you may be wrong. This judge commented publicly -- and critically -- on FSU's "late hit" controversy in the late 1990s. Really?? A federal judge would do that?? This one did.
I think it's pretty clear the removal will stick and that Winston was an AL resident when the suit was filed. And that he was still a citizen of AL a few days ago.
This was likely a close call. I am glad they got the times right. For Winston to be able to remove the case, he had to be the citizen of a state other than EK both at the time the suit was filed and at the time the removal petition was filed. Stevens v. Nichols, 130 U.S. 230, 9 S. Ct. 518, 32 L. Ed. 914 (1889); Sullivan v. Mochen, 646 F. Supp. 216 (S.D. Fla. 1986).
I read Winston wants to move the case to the Northern District and to have the case consolidated with the FSU case. I have not looked into either issue, but I have to say I would be surprised to see either of those things happen.
This was likely a close call. I am glad they got the times right. For Winston to be able to remove the case, he had to be the citizen of a state other than EK both at the time the suit was filed and at the time the removal petition was filed. Stevens v. Nichols, 130 U.S. 230, 9 S. Ct. 518, 32 L. Ed. 914 (1889); Sullivan v. Mochen, 646 F. Supp. 216 (S.D. Fla. 1986).
I read Winston wants to move the case to the Northern District and to have the case consolidated with the FSU case. I have not looked into either issue, but I have to say I would be surprised to see either of those things happen.
Kinsman's team said earlier they would seek a transfer to Tampa if the Bucs drafted Winston. Will be interesting to see if they do that. They have to be fairly happy that the case ended up with Conway, who has a documented dislike for FSU.
Is Clune representing Kinsman in the civil suit against Jameis as well? If so, is that not somewhat outside his wheelhouse?
Baine Kerr is still with them & they have Florida representation, as neither Clune nor Kerr are members of the Florida Bar, and given their FL Bar-acknowledged comments following the CoC hearing, they may not be permitted to appear pro hac vice.
I am sure they still will be. They may be warned not to do anything like that again, but it's not likely they will be kept out.
Winston will go to court for "battery, assault, false imprisonment" i.e. raping EK.
With his new countersuit he will also go to court for her being a liar and asking for his reputation back as well as damages.
Aint that the truth. Her family could be paying damages all the way until EK's grandkids.
Is this true? And if so, what are we looking at realistically?
What monetary sum could the judge rule that Kinsman has to pay Jameis?
Is it even possible for her to withdraw her suit at this point? Would Jameis' suit still apply if she could/did?
Can any of you legal guys lay out the next steps we can expect to happen?
SFNole
Can't get blood out of a turnip (and you can't get money from trailer trash). Surely Winston and his legal team are not really seeking money. This is about trying to restore his reputation and creating settlement leverage.
Kinsman cannot unilaterally drop the lawsuit even if she wanted to. Because Winston has now answered and counterclaimed, she would need (a) court permission, or (b) approval from Winston before she could walk away.
Kinsman will file motions to strike part of the counterclaim, saying that it includes improper and extraneous matter. She may also seek to have the "tortious interference" claim dismissed (and perhaps others). And the parties will skirmish over whether the case is transferred to the Northern District of Florida, as Winston has requested.
The real fun will begin when/if they get to depositions, and Ms. Kinsman is exposed to questions and revelations that will make her wish she had never started any of this.
The monetary judgments obtained by Winston on his counterclaims are intentional torts, and are NOT dischargeable in bankruptcy. These judgments could plague Kinsman to the grave, in a fashion similar to student loans and federal tax liens.
Are you sure? I wasn't able to find that answer clearly. And saw some things suggesting defamation judgments might be dischargeable.
§ 523(a)(6)... Kawaauhau v. Geiger, 523 U.S. 57, 61-62 (1998). doesn't speak directly to defamation judgments, but would think the injury is intentional, as opposed to just the act.
I tend to agree. It's defamation per se and its a claim over which she had personal knowledge. Has to be considered intentional and malicious. Wonder if Winston seeks punitives. He should.
A bonus of the countersuit is that it will make easy crowd-funding impossible. Just about every crowd-funding site excludes campaigns that raise money where a law may have been broken or where the money could be used for legal defense. There won't be a GoFundMe windfall.
Crowd-funding sites generally have restrictions in their terms of service that prevent raising money for people that are accused of crimes or intentional torts. I'd like to think, if Jameis fights this and wins, that his accuser won't be able to turn around and raise millions of dollars on GoFundMe. Or that they couldn't start one to pay her legal bills in a protracted court case.
I'd LOVE to know the mindset of Clune and his henchmen. I choose to believe, and actually do believe, that Clune feels like B'rer Rabbit caught in the proverbial tar baby.
What worries me is that Clune and his people aren't stupid. Either they played a high-priced game of "chicken", or they have ammunition that we're not hearing about.
Unless they can prove the toxicology reports from UF labs which confirmed no drugs in her system (1 lie) are incorrect or were tampered with, that she really was hit over the head when police reports/exams say she had no injury (2 lies), or Darby/Casher come forward and said they lied (doubtful) I don't know what more ammunition you can show that Winston raped her when all of this is based on a lie that EK has consistently spread.
He's a settlement guy, I've read up on him he rarely goes to trial. He tries to create a media storm or play on emotions in trial. He can't go toe to toe with a great lawyer in presenting facts. He's a glorified ambulance chaser.
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