Nikki Moody sues Bill Fennelly over Racial Discrimination...

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cydney

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Mar 14, 2011
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Ames Trib says ISU has filed response to the lawsuit, but has no details other than "ISU denies the accusations brought forth by Moody." Guess that's what happens when you want to be first.
http://amestrib.com/sports/women-s-basketball-isu-files-response-moody-lawsuit-0

There seems to be more in the article now.
http://amestrib.com/sports/women-s-basketball-isu-files-response-moody-lawsuit

Can someone who understands legalese help interpret it? Seems to be some pretty specific counters.

The state also writes in its filing that Moody’s claims “were filed or made beyond the applicable statute(s) of limitations, or other time limitations,†“failed to exhaust administrative remedies,†“go beyond the scope of her administrative complaints†and that if Moody “suffered or sustained any damages, injuries, or detriment as a proximate result of the conduct of the Defendants, as alleged in (Moody’s) Petition, such injury was proximately caused or contributed to by the negligence or bad faith of (Moody), which bars or reduces (Moody’s) right to recover any damages against Defendants.â€

The state also says that Moody “unreasonably failed to take advantage of any preventative or corrective opportunities provided by Defendants or to otherwise avoid harm†and that the defendants’ “actions were taken for legitimate, nondiscriminatory reasons.â€




 
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VeloClone

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I'm no lawyer, but I stayed at Holiday Inn Express last night.

In a nutshell:
*She didn't follow proper procedure and timelines so it should be thrown out.
*She was just as responsible for any harm that she might have experienced.
*She could have used other means to get issues dealt with earlier and failed to do so.

They'll look for any technicality to get it thrown out even if they feel it has little chance of actually happening.
 
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carvers4math

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There seems to be more in the article now.
http://amestrib.com/sports/women-s-basketball-isu-files-response-moody-lawsuit

Can someone who understands legalese help interpret it? Seems to be some pretty specific counters.

The state also writes in its filing that Moody’s claims “were filed or made beyond the applicable statute(s) of limitations, or other time limitations,” “failed to exhaust administrative remedies,” “go beyond the scope of her administrative complaints” and that if Moody “suffered or sustained any damages, injuries, or detriment as a proximate result of the conduct of the Defendants, as alleged in (Moody’s) Petition, such injury was proximately caused or contributed to by the negligence or bad faith of (Moody), which bars or reduces (Moody’s) right to recover any damages against Defendants.”

The state also says that Moody “unreasonably failed to take advantage of any preventative or corrective opportunities provided by Defendants or to otherwise avoid harm” and that the defendants’ “actions were taken for legitimate, nondiscriminatory reasons.”





Pretty sure much of the stuff the State is saying pertains to procedures required under Iowa Code chapter 669, the State Tort Claims Act.
 

Stormin

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I'm no lawyer, but I stayed at Holiday Inn Express last night.

In a nutshell:
*She didn't follow proper procedure and timelines so it should be thrown out.
*She was just as responsible for any harm that she might have experienced.
*She could have used other means to get issues dealt with earlier and failed to do so.

They'll look for any technicality to get it thrown out even if they feel it has little chance of actually happening.

Yep. They are more or less saying that Nikki Moody had resources available for her to use and that she is responsible for a lot of her own problems. Nikki Moody is trying to place blame on the University when most of the blame for things really comes back to her and her efforts.

Doesn't sound like there will be a settlement as Iowa State is pretty well set on defending themselves. Nikki Moody has problems when the claims she has made are not backed up by the individuals she gave examples of in her lawsuit filing. I doubt she gets anything.
 

BeachAve

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Nikki looking for her big payday since her WNBA prospects are null and void

she was a cancer her senior season, and ISU lost some good prospects during recruiting weekends with Nikki and her crap attitude lingering around

After her senior season she was essentially ostracized from the Sukup bball facility and not welcomed back

so this is Nikki's revenge.
 
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bosco

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Nikki looking for her big payday since her WNBA prospects are null and void

she was a cancer her senior season, and ISU lost some good prospects during recruiting weekends with Nikki and her crap attitude lingering around

After her senior season she was essentially ostracized from the Sukup bball facility and not welcomed back

so this is Nikki's revenge.

Bit of a gamble for just revenge. Looks like it's going to go to court and then there be a revealing of events, evidence of both sides. Sounds like it won't paint a pretty picture of Moody given the what others have said about her. Both sides are going to suffer from this.
 

cydney

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Here's a new article in the DSM Register with quotes from Jadda and Bridget.

http://www.desmoinesregister.com/st...rd-fennelly-lawsuit-not-distraction/84584982/

“At the end of the day, we’re focused on what we need to be focused on,” Buckley said during Iowa State’s Tailgate Tour stop at the Surf Ballroom. “Whether that’s being there for each other, being there for Coach — our game plan is to focus on next season and what we need to do to win.”

“The team’s really stuck together,” said Iowa State guard Bridget Carleton. “The coaches have reached out to us. We’ve reached out to our coaches. We’re a family in our program. It’s going to be a long process but we’ve got coach’s back through it all.”
 

VeloClone

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“The team’s really stuck together,” said Iowa State guard Bridget Carleton. “The coaches have reached out to us. We’ve reached out to our coaches. We’re a family in our program. It’s going to be a long process but we’ve got coach’s back through it all.”

"Family" codeword for "family".
 

cyclone13

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Bit of a gamble for just revenge. Looks like it's going to go to court and then there be a revealing of events, evidence of both sides. Sounds like it won't paint a pretty picture of Moody given the what others have said about her. Both sides are going to suffer from this.

Nikki will suffer more. Even if she is right and wins the lawsuit (and I don't think the lawsuit has merit), it will not end well for her. How much money will she get? She is not a WNBA material. She doesn't even play overseas. She wasn't on the dean's list or academic honors. So what's the potential lost earnings? And most of the winning will go to the lawyers.

Not sure whether the University will consider a counter lawsuit to compensate their time and energy spent to handle this matter. Monetarily it will be nothing but it sends a clear message.
 

Royalclone

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Bit of a gamble for just revenge. Looks like it's going to go to court and then there be a revealing of events, evidence of both sides. Sounds like it won't paint a pretty picture of Moody given the what others have said about her. Both sides are going to suffer from this.

It's revenge just the same. She has the least to lose in this since she's already lost her dignity and respect with her past actions. The suit will cost her nothing. Her lawyers could put a lot of time in it and get nothing if they lose. Even if he wins and the state is paying his costs, it still takes s till mentally and the ability to do your job. Obviously a big cost to the university and state and taxpayers. I guess you could consider another winner to be the defense attorneys who will get a paid either way. At least they just get paid for the work they do.

I don't how you fix it, but these revenge-type civil suits either need stronger scrutiny from the judge before getting to trial or come at some cost to the plaintiff if they lose.
 

ISUAlum2002

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I don't how you fix it, but these revenge-type civil suits either need stronger scrutiny from the judge before getting to trial or come at some cost to the plaintiff if they lose.

I agree that something needs to be done to deter revenge lawsuits like this one, but I'm with you also that I'm not quite sure what kind of process to put in place. There are certainly situations in which credible lawsuits (of which this one is not) can and should be filed, but if a deterrent like "if you lose a personal damage lawsuit, you have to pay the defendant's legal costs" were put in place, you would deter the credible suits from being filed as well.

In this situation, since Moody's attorneys won't get paid unless they win, I wonder at what point they will decide to hit the eject button and fold. My guess is they thought the University and State would just decide to offer up a settlement to make this go away, but with both of those parties very emphatically essentially saying they won't settle and they're going to put it in front of a jury of Moody's peers, Moody's attorneys have to be having second thoughts and must be thinking about how much time and effort they will have to put in to prepare for trial.....prepping witnesses, prepping filings, travel, etc. etc.....to potentially get absolutely nothing.

Nothing would be more satisfying than to see Moody's attorneys spend hundreds of hours that could be billed to an actual paying customer at $300/hour or more walk away empty-handed. Well, other than them along with Moody being forced to pay the state's defense costs, I suppose.
 

cyclone13

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The punishment will definitely come from future employment opportunities. As I and few have said thst employers are usually cautious to hire prospective employees previously involved in legal dispute except in certain citcumstances.

Yes right now Nikki doesn't have anything to lose but it might not help her prospective employment. Definitely not her professional career if any.
 

Royalclone

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The punishment will definitely come from future employment opportunities. As I and few have said thst employers are usually cautious to hire prospective employees previously involved in legal dispute except in certain citcumstances.

Yes right now Nikki doesn't have anything to lose but it might not help her prospective employment. Definitely not her professional career if any.
Sometimes, when you want revenge, and are told it's easy money, you might not think it all the way through on how it might affect the next 40 years of your life.
 

NenoFone

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Assuming this goes to trail, about how far in the future will the trial take place and will we as general public be allowed to attend? Sorry I really don't know much about the legal process.
 

CyArob

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Assuming this goes to trail, about how far in the future will the trial take place and will we as general public be allowed to attend? Sorry I really don't know much about the legal process.
I think they said it would be about a year until the trial, so a long ways to go.
 

riceville98

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Assuming this goes to trail, about how far in the future will the trial take place and will we as general public be allowed to attend? Sorry I really don't know much about the legal process.

12-18 months from the time it was filed to go to trial and yes, it should be open to the public unless one of the sides requests and the judge grants a "closed trial"
 

TXCyclones

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Have there been any updates on this situation? Is it still progressing? Has it effected CBF's recruiting at all?
 
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