Lawyers

[jimbob22]

Solomon-Simmons will not take this to trial, even if he files suit. He is not a trial guy. His opening salvo is laughable, and will probably scare off any competent trial attorneys. In short, he is in a different category than the lawyers who represented Griesbaum/Meyer.

That said, I hope Iowa hires a first-rate Des Moines, CR or Iowa City firm to handle this. Relying on the AG's office, as it did in Griesbaum/Meyer, was disastrous. That case was winnable.

 

[beatdahuskers]

Ambulance chasing "you don't pay me unless we win" arrangements should be outlawed. Or at least the plaintiff should be liable for the defendants legal fees if they lose.

You have an attorney up to his neck in concrete. What do you have?













Not enough concrete.

 

[scotthawk1964]

Just a big butthurt player money grab IMOP. I hope Iowa doesn't settle, let it play out for what it is.

 

[H4wkfan4life]

Ambulance chasing "you don't pay me unless we win" arrangements should be outlawed. Or at least the plaintiff should be liable for the defendants legal fees if they lose.

You have an attorney up to his neck in concrete. What do you have?













Not enough concrete.

Damned if you do damned if you don't. That would really screw over a lot of legitimate defendants going against crooked corporations etc.

 

[rchawk]

What do you call a thousand lawyers at the bottom of Lake Michigan?

A good start.

Thank you, thank you, I'll be here all week.

 

[David1979]

Ambulance chasing "you don't pay me unless we win" arrangements should be outlawed. Or at least the plaintiff should be liable for the defendants legal fees if they lose.

You have an attorney up to his neck in concrete. What do you have?













Not enough concrete.

Dumb

 

[kceasthawk]

Dumb

Yet another profession that everybody bags on until you really need one........

 

[Kaiser_Soze]

I am an attorney and without seeing the yet to be filed complaint, it looks like a money pit for the plaintiffs. I question if this guy even has the funding to prosecute a case like this. It is a case that Iowa simply cannot settle so the plaintiffs have to try it and it will cost a lot of money to get to that point. Feel bad these former players have gotten roped into this. Would not be surprised if after the plaintiffs realize Iowa is not going to offer an early and easy settlement, the plaintiffs' attorney withdraws from the case rather than start throwing money at what I would think is an extremely difficult case to win.

 

[Hammer93]

I am an attorney and without seeing the yet to be filed complaint, it looks like a money pit for the plaintiffs. I question if this guy even has the funding to prosecute a case like this. It is a case that Iowa simply cannot settle so the plaintiffs have to try it and it will cost a lot of money to get to that point. Feel bad these former players have gotten roped into this. Would not be surprised if after the plaintiffs realize Iowa is not going to offer an early and easy settlement, the plaintiffs' attorney withdraws from the case rather than start throwing money at what I would think is an extremely difficult case to win.

Why wouldn't the university and Ferentz file a defamation suit back at them? Make them defend themselves no matter what.

 

[hawkfeever]

Should at least be a deal where they had to reimburse legal fees if they lose the case.

 

[Kaiser_Soze]

Why wouldn't the university and Ferentz file a defamation suit back at them? Make them defend themselves no matter what.

I do not think KF would allow under any circumstances a claim on his behalf against former players. I doubt the university would either. I have defended colleges in racial related discrimination cases. The last one I had went to trial, school won. They absolutely did not want to get involved in a defamation type suit against former students. Legal fees could be awarded to the defense (if they win at trial) depending upon the statute the matter is brought under. Again, I have a real hard time seeing this case get to a trial. Doesn't appear to be much meat on the bone and these players are easily viewed as disgruntled, which again is unfortunate.

 

[NorthDSMHawk]

Why wouldn't the university and Ferentz file a defamation suit back at them? Make them defend themselves no matter what.

1) Biggest thing is they'd probably rather not draw this out any longer than necessary.
2) No finical benefit to be had since most of these guys are pimping singed footballs for cash.
3) Although not petty in my opinion, Kirk might see countersuing as that.

Although the wild card is if Kirk actually gets beyond just mildly pissed off at these guys for the character assignation they're attempting. Who knows where his line is, but I don't think these guys want to find out.

 

[H4wkfan4life]

Should at least be a deal where they had to reimburse legal fees if they lose the case.

Ni there shouldnt

 

[unoHawkeye]

1) Biggest thing is they'd probably rather not draw this out any longer than necessary.
2) No finical benefit to be had since most of these guys are pimping singed footballs for cash.
3) Although not petty in my opinion, Kirk might see countersuing as that.

Although the wild card is if Kirk actually gets beyond just mildly pissed off at these guys for the character assignation they're attempting. Who knows where his line is, but I don't think these guys want to find out.

#2 is the biggest reason imo. Iowa would lose money on legal fees, likely even if they won the suit. No chance the players have enough money to pay much, if anything. Iowa suing former players could be a bad look in the eyes of third parties (recruits and their families) also, even if they are justified in doing so

 

[H4wkfan4life]

#2 is the biggest reason imo. Iowa would lose money on legal fees, likely even if they won the suit. No chance the players have enough money to pay much, if anything. Iowa suing former players could be a bad look in the eyes of third parties (recruits and their families) also, even if they are justified in doing so

Which is unfortunate because I'd leave to Iowa bankrupt them .

Oh well it is what it is

 

[TJHawkeye]

Sometimes revenge is worth it. Plus a countersuit puts a damper on future suits as they know the University will fight back.

 

[NevadaHawk]

Sometimes revenge is worth it. Plus a countersuit puts a damper on future suits as they know the University will fight back.

This!

 

[hawkfeever]

Ni there shouldnt

The sky is blue.

 

[Hawqize]

Why wouldn't the university and Ferentz file a defamation suit back at them? Make them defend themselves no matter what.

 

[H4wkfan4life]

The sky is blue.

Hmmm...looks gray to me

 

[IowaNiceHawk]

Yet another profession that everybody bags on until you really need one........

Happen to know some great lawyers, as friends, good guys.

That being said............what is black & brown and looks great on an Attorney?

3 dobermans

 

[LarryMullenJr.]

The sky is blue.

$hit be white today!

 

[rchawk]

Even after Covid, the two most common jobs in Chicago were lawyers and beggars. To their credit. the beggars are still out there face to face when you get off of the El. The lawyers not so much.

 

[michael.nelson311]

Just a big butthurt player money grab IMOP. I hope Iowa doesn't settle, let it play out for what it is.

Pretty sure its something besides his butt that is hurt.....but yes agree

 

[Kaiser_Soze]

If this case had a lot of merit you would see more established plaintiffs attorneys involved. Plaintiffs lawyers that know what they are doing do not take expensive cases like this unless there is an excellent possibility of a significant settlement. That is absolutely not going to happen here anytime in the foreseeable future and likely not ever. I'd be curious also where they file a suit. Filing it in Iowa either in State of Federal Court likely would not be beneficial. Filing it out of state would remove it from the headlines (I doubt anyone in New Jersey, Oklahoma, etc. really cares).

 

[HawkeyeInCentralIowa]

@Hkfan23 what do you think about this lawsuit? Do you think Iowa will win?

 

[Symbiosis]

I am an attorney and without seeing the yet to be filed complaint, it looks like a money pit for the plaintiffs. I question if this guy even has the funding to prosecute a case like this. It is a case that Iowa simply cannot settle so the plaintiffs have to try it and it will cost a lot of money to get to that point. Feel bad these former players have gotten roped into this. Would not be surprised if after the plaintiffs realize Iowa is not going to offer an early and easy settlement, the plaintiffs' attorney withdraws from the case rather than start throwing money at what I would think is an extremely difficult case to win.

Iowa law graduate here. If the suit were filed in federal court couldn't the University file a nuisance value Offer of Judgment? If the plaintiffs failed to beat the offer of judgment (which they will) they would be stuck with a good portion of the University's legal expenses in defending the case.

 

[papabeef]

Should at least be a deal where they had to reimburse legal fees if they lose the case.

we could end a lot of lawsuits if that was law .

 

[H4wkfan4life]

we could end a lot of lawsuits if that was law .

Would also increase corruption even more.

Basically you want to protect the billion dollar corps and screw the average Joe.....

 

[papabeef]

Would also increase corruption even more.

Basically you want to protect the billion dollar corps and screw the average Joe.....

no i want to end ambulance chasing .

 

[H4wkfan4life]

no i want to end ambulance chasing .

By protecting big business. They can rack up million dollar lawyer fees and ruin the average Joe.


That said, most of us would like to rid the world of ambulance chasers.

 

[CFNiteHawk85]

Iowa law graduate here. If the suit were filed in federal court couldn't the University file a nuisance value Offer of Judgment? If the plaintiffs failed to beat the offer of judgment (which they will) they would be stuck with a good portion of the University's legal expenses in defending the case.

I get it, but what are the optics of an OOJ to the average person with no understanding of civ pro?

 

[vgshwk]

It seems many lawyers are the scum of the earth that will take the pennies from your eyes.

 

[AuroraHawk]

That said, I hope Iowa hires a first-rate Des Moines, CR or Iowa City firm to handle this. Relying on the AG's office, as it did in Griesbaum/Meyer, was disastrous. That case was winnable.

Posted a similar thought in a different thread. Couldn’t agree more about AG’s office and Meyer trial. That written, the U of Iowa would be well served by retaining a large firm which possesses specific expertise in handling these types of claims.

And, speaking as someone who has worked for a firm in Chicago for 16 years and now work for one of the larger Des Moines firm for past 11 years, I just don’t see any Iowa firm which has the specific expertise and depth to hit this case with what it needs.

Don’t get me wrong. I’d trust a fair number of Des Moines lawyers to handle a case anywhere in the country so long as it fits their specific expertise. There are extremely talented lawyers in this state. I just don’t see the spec ic expertise needed. Need to branch out to Chicago or Minneapolis for that. Or St. Louis / Kansas City. They can be lead counsel and team with an Iowa based firm to serve as their local/Iowa counsel.

 

[AuroraHawk]

Iowa law graduate here. If the suit were filed in federal court couldn't the University file a nuisance value Offer of Judgment? If the plaintiffs failed to beat the offer of judgment (which they will) they would be stuck with a good portion of the University's legal expenses in defending the case.

While that sounds like an interesting strategy, FRCP 68 allows for the recovery of “costs” if the verdict doesn’t exceed the Offer of Judgment. “Costs” don’t include attorney’s fees. And, while “costs” may not be insignificant (I.e. deposition transcripts, trial exhibits, expert witnesses etc.), you also have to factor in collectibility. Costs won’t be collectible against the plaintiffs’ counsel. And I’m guessing that costs may be difficult to recover otherwise.
Perhaps the most strategic use of an Offer of Judgment in a case like this is an attempt to limit Plaintiffs’ counsel’s fees where, as would be the case here, fees are recoverable as part of a judgment under a Section 1988 claim. For example, if the U of Iowa offers judgment in a certain amount with a court to detriment appropriate fees incurred at the time of the offer AND, at trial, the verdict is less than the offered judgment, the U of Iowa would have strong arguments that any attorney fees claimed by Plaintiffs’ counsel were not reasonably incurred after the offered judgment. In other words, Plaintiffs’ counsel’s efforts after the offer of judgment conferred no benefit upon the plaintiffs and, thus, they shouldn’t be entitled to fees for a failed effort.

 

[abby97]

Damned if you do damned if you don't. That would really screw over a lot of legitimate defendants going against crooked corporations etc.

Wrong, you file suit on a frivolous case why should someone else have to pay for your greed.

 

[AuroraHawk]

Wrong, you file suit on a frivolous case why should someone else have to pay for your greed.

There are procedures in place to recover attorneys’ fees for the filing of frivolous cases.

The problem is that people don’t seem to understand either the meaning of “frivolous” (I.e. no merit under existing laws) or characterizing a case where a defense verdict has been entered as “frivolous.”

 

[Hendy hawk]

Yet another profession that everybody bags on until you really need one........

Yeah, I always said that all Lawyers are crooked unless you need one or they are on your side.
Realized that many yrs ago when I needed one.

 

[Kaiser_Soze]

Iowa law graduate here. If the suit were filed in federal court couldn't the University file a nuisance value Offer of Judgment? If the plaintiffs failed to beat the offer of judgment (which they will) they would be stuck with a good portion of the University's legal expenses in defending the case.

Definitely have that ability, but I don't think you will see them offer one nickel. Saving money for the university in my experience is not a top priority for allegations of this nature. First defense deposition would be of AW so he can tell his story and explain why his family was recently trying to get his brother a chance to play for such an awful program and how Iowa screwed up his chance to play in the NFL (when he actually had the opportunity for the Titans, which was shown on national TV). If D1 FB players can successfully sue their schools b/c they did not play and because the coach yelled at them, pretty much every school might as well close down the athletic department.

These players are adults, but I still feel bad for them because they are being led astray. I've got zero sympathy for these plaintiffs' attorneys and I predict this will be a major financial loser for them. I just cannot fathom that anyone is going to start tossing money down this hole to fund the prosecution of the case, but I have seen it many times.

 

[AuroraHawk]

Definitely have that ability, but I don't think you will see them offer one nickel. Saving money for the university in my experience is not a top priority for allegations of this nature.

You can certainly mitigate against an exorbitant fee award when the plaintiffs recover nominal damages by an early Offer of Judgment in an amount that you know the other side will not accept. You've then created a potential "uh-oh" moment for opposing counsel who may be saying to themselves "yeah, we know that we're not getting $1.25M for Player X but if we get $25K to 50K for Player X, we are still the prevailing party and the University will have to pay our attorneys' fees." If the Offer of Judgment is filed one week after suit is filed for $25K for Player X plus attorneys' fees incurred to date, there is no way that the offer would be accepted. If the jury finds some conduct violative of the Civil Rights Act but doesn't find that Player X suffered any significant "damage" and doesn't do better than $25K at trial, their fees would be greatly reduced perhaps even zeroed out. Offer of Judgment does not extend into perpetuity. Expires after 5 days (maybe 10 days) but the legal impact is set for balance of case.