It's funny some on here are acting like the attorneys don't know anything and made a bad decision. Or like they don't know what they are doing because a name was spelled wrong. They have more information right now than you know of. One of the top attorneys in the state gave them this case. They don't go into these things blind. Especially this big of case. Doesn't mean they will win. This will be a very very difficult case to win. But I doubt it gets that far. It will be settled before getting close to trial. Just like the Palo case.
Nikki Moody sues Bill Fennelly over Racial Discrimination...
- Thread starter Chipper
- Start date
I know a lot of lawyers...some of them have a saying, "no black and white case is a bad case".
It isn't difficult to get a probable cause determination from the Civil Rights Commission even if your case is as thin and holey as a veil.
It wouldn't go to mediation if she was screened out. Unless the mediation was not related to the civil rights commission and just done between the parties
I just think it sucks that no amount of former player support will be able to erase this from the court of public opinion.
I have a sinking feeling, that regardless of the results of this lawsuit, that Coach Fennelly will end up retiring because of the backlash. It's hard enough recruiting without having this cloud hanging over you.
I have a sinking feeling, that regardless of the results of this lawsuit, that Coach Fennelly will end up retiring because of the backlash. It's hard enough recruiting without having this cloud hanging over you.
Some limited experience with the process led me to my remarks about the mediation process. I must have missed that ISU requested mediation. I thought it was Moody et al who requested it, but I may have misread something?
I had the exact same thought as soon as this story broke.
Even if everything goes perfectly for BF; charges dropped, Moody has to issue public apology, etc, you know that this will get brought up when talking to every recruit going forward.
Really is too bad, given all the positive notes that other former players have put out.
That's unfortunately will be the sad part of this. But I think ISU takes a good stance because this involves a lot: reputations of BF, his coaches and AD and the university. If ISU win this case, I hope they take the offensive to clear BF's name.
one thing that popped up my mind: will ISU erase her name from the record books and WNBA draftees wall?
According to the lawsuit, her complaint was filed with the ICRC on May 15, 2015. The mediation was in January 2016. It's certainly possible, but it seems odd that anything like a mediation would take place outside of the ICRC once the complaint is filed.
That's the impression that I get. This is the timeline I'm working from: ISU offered the mediation in an attempt to not let this go nuclear/Moody asks ISU to go to mediation and ISU agrees for same reason. ISU didn't give Moody what she wantedin that mediation. Moody goes to ICRC. Claim gets screened out so she gets the right to sue.
I've seen this a lot in this thread, I have a real hard time seeing Fennelly getting beaten by what we've seen so far.
You can offer mediation within the ICRC without being compelled to participate. I have been involved in cases where it is clear that mediation is going to go nowhere but counsel recommends participating anyway.
Also, people have mentioned that the fact that this law firm took the case means it has legs. I imagine as soon as Moody mentioned a conversation with the University President's spouse that was characterized as sympathetic they saw dollar signs. In addition, knowledge of the University's propensity to settle even relatively strong cases to avoid the risks and publicity of going to trial may sway a good law firm to take a weak case. The goal isn't to win a trial - the goal is to get money out of the defendant for the plaintiff. It is often a game of chicken to see for how much you can get a nervous defendant to settle.
I'm not saying they don't have much more, but we can't draw conclusions simply off of who the representation is.
I think you are probably right on this, however, I think they went so overboard in their "factual" statements in the case filing that ISU is now forced to come out swinging and a sealed settlement is less likely unless it includes BF resigning.
