Wimp doesn't think Gallion will win.

[fosterkeats]

Has Wimp slapped his secretary today???

 

[Bamalaw92]

<font face="Verdana, Arial" size="2">Originally posted by TIDE-HSV:
Here's one attorney who doesn't agree with him. I was extremely skeptical in the beginning. In fact, I engaged in a multi-page thread with several other posters, maintaining that the final outcome had to be bad for UA. For one thing, I did not foresee how Neal's criminal discovery could be "piggy-backed" by Gallion. I've come around 180 degrees and, now, my principal fear is that the NCAA will throw enough money at Ronnie and Ivy to settle it. We know it will eventually happen and we also know that they will accept. They'd be fools not to...

[This message has been edited by TIDE-HSV (edited 04-22-2004).]</font>

I still think Gallion has a whole host of problems to get over and is fighting an uphill battle, but I like you have changed my views as more REAL evidence has come forth. I still believe Tommy's chances of losing are greater than winning but he is making great progress. Regardless, I was talking about an attorney agreeing with Wimp on the zone press.

 

[Bamalaw92]

<font face="Verdana, Arial" size="2">Originally posted by TommyMac:
"What if an attorney agrees with the baswketball coach?"

Regarding Gallion's chances or beating the zone press?</font>

Glad to see it didn't go over everyone's head!

Did spark some debate though didn't it!

 

[Bamalaw92]

<font face="Verdana, Arial" size="2">Originally posted by W. Tidehill:
Posted By Bamalaw92 {What if an attorney agrees with the basketball coach??}
Bamalaw, I'm no attorney neither did I stay at a Holidayinn express.
Wouldn't you agree though, That this all hinges on the ncaa being able to prove the charges against Alabama that Cottrell and Williams were allegedly involved in are true? </font>

No. The NCAA does not have the burden of proff. RC and IW have to prove 1st that the NCAA published statements to a third party that were false and did so maliciously (If the public persona standard applies - which is arguable) and second that they suffered damage.

<font face="Verdana, Arial" size="2">And do you agree Cottrell and William's careers have been destroyed because of this investigation? </font>

No. I think this is the weak part of CRC and IW's claim at this point. I would like to see much more damage evidence than I have seen to date. It will be coming though.

<font face="Verdana, Arial" size="2">Do you think that Gallion has adequately proven thus far, that the ncaa was beyond reckless in this investigation?</font>

Beyond reckless? No. Damn close to it? yes.

<font face="Verdana, Arial" size="2"> Have RC and IW suffered monetary damages because of this reckless investigation?</font>

Again, I have not seen the evidence of that yet. Only heard the allegations. I would love to see testimony from schools saying they didn't hire either because of the NCAA cloud. If there has been such I have not seen it.

<font face="Verdana, Arial" size="2">I'm not trying to be a smartA--, your an attorney and I'm not, I just kind of thought RC and IW's case meets the criteria for a defamation suit.
Would you explain why you don't think they will win? I'm just interested. </font>

First I did not say I did not think they would win. I was being flippant about an attorney agreeing with the coach about the proper way to defend the zone press, but I do think Gallion has problems with his case. All cases have problems. If it were a "lock" case, the NCAA would have paid big by now. I think the problems Gallion is going to have include proof of damages, proof of malice on the part of the NCAA, proof of the NCAA acting in concert with the other defendants to specifically hurt IW and RC, etc. These are not insurmountable, but will be fought hard. Don't be lulled by the fact that the defense has chosen not to divulge what, if any, evidence that it has to refute Gallion. It is a good tactic for them IMO to hold back (assuming they have evidence). Anyone who thinks the NCAA is going to roll over underestimates the skill of their lawyers. This will play out in the courts and will be interesting to watch.

 

[Bamalaw92]

<font face="Verdana, Arial" size="2">Originally posted by TIDE-HSV:
It's important to remember that Gallion has proven nothing at all. He's only alleged certain facts and "leaked" and implied certain others through press conferences. I'm not jumping on you; it's just that I've seen a number of posts stating that Gallion has "proved" this or that. My guess is that our friend is saying that he doesn't believe that Gallion can prove, by a preponderance of the evidence, his allegations. It's my personal belief that Gallion has indeed alleged, and released, more than he could probably prove. It's a common practice of trial lawyers. After all, why aim low?

</font>

Again am not saying he CAN'T do it (Lord knows if he can then why even go to court), but I agree wholeheartedly with this assessment. He does have some major legal problems aside from proof of "facts" though.

 

[Bamalaw92]

<font face="Verdana, Arial" size="2">Originally posted by wastedmason:
I agree with you 100%. Gallion has proven nothing. Yet! But I have to ask, not Bama fans mind you, but the rest of the nonbelievers this. Where's the NCAA's proof against Bama by a preponderance of the evidence, their allegations?

Is Bama not due the same justice, as the NCAA?</font>

The standard for an NCAA hearing is not the same as that for a court of law like it or not. That's just the nature of a private organization. Is Bama due the same justice?? ABSOLUTELY! This case isn't about Bama though unfortunately. It is only about RC and IW.

 

[Bamalaw92]

<font face="Verdana, Arial" size="2">Originally posted by TIDE-HSV:
Morally, yes. Legally, no. As a private organization to which we belong voluntarily, the NCAA only owed us that they follow their own rules - not real justice. In our appeal, we maintained they did not follow their own rules and our PTB declined to pursue the matter into court. Gallion is alleging that, not only did the NCAA not follow its own rules, it did far, far, more to his clients. Does that open further options for UA, should it go to court and the plaintiffs win - possibly...</font>

I think there would be very few options for UA if Gallion wins that would not be barred by the Statute of Limitations.

 

[Bamalaw92]

<font face="Verdana, Arial" size="2">
Have their reputations been damaged? I think that's clear and proven based on the NCAA 'scripts alone.</font>

I would be interested to hear what part of the transcript you think proves DAMAGE to their reputations. It isn't damage unless someone acts on the falsehood. Like I said earlier. I think Gallion needs to get someone to say that they didn't hire or refused to interview or even consider RC or IW becuase of the false allegations of rules breaking. If he has, I have missed it.

 

[JohnD]

I have my doubts he'll win. I don't doubt he'll prove a lot of wrongdoing against UT in an effort to prove the NCAA showed favoritism to UT. And I don't doubt he'll prove Lynn Lang was paid by someone else to hang Bama with Means. And I don't doubt that he'll prove certain members of the NCAA, SEC, and UT are in bed together and corrupt as the day is long. And I think he'll stop short of proving members of the federal grand jury are involved, but he'll make a lot of people go hmmmm in that regard.

However, what good will it do unless a higher authority, such as the federal court system or congressional inquiry, forces a dismantling of the NCAA as we know it, and makes them tow the line? None whatsoever. What we have here is the equilalent to telling Boss Hogg that Sherriff Roscoe is dirty.

 

[TIDE-HSV]

BL92, the SOL question is going to be a cute one, since the NCAA has taken an active role in concealing the misdeeds. The question will be when UA found out what the wrongs were. Should UA decide to proceed legally, the court won't allow the NCAA to profit from its misconduct in concealing its acts...

 

[TommyMac]

BamaLaw92,

Sounds to me like it would be easier to prove that the ncaa and the other defendants acted in concert to specifically cause damage to The University than to Cottrell and Williams.

 

[Bamalaw92]

<font face="Verdana, Arial" size="2">Originally posted by TIDE-HSV:
BL92, the SOL question is going to be a cute one, since the NCAA has taken an active role in concealing the misdeeds. The question will be when UA found out what the wrongs were. Should UA decide to proceed legally, the court won't allow the NCAA to profit from its misconduct in concealing its acts...</font>

If you proceed under Alabama law, the only tolling of the statute would have to be in a fraud situation. As you know, the 2 year statute for concealing facts (or fraudulent supression)begins to run on the date it can be shown that there was sufficient facts that the school either discovered or should have discovered the fraud in the exercise of due care. I think at this point it would be incredibly difficult for the school to argue that it did not have sufficient facts to save the claim. The full extent of the fraud is not necessary, just the fact that a fraud was committed. This arguably has been known by the school since before Gallion filed his suit based on the recent affidavits of Gene Marsh and Marie Robbins. I think anyone who believes that the University will ever file suit over this is engaging in very wishful thinking. Not that there is anything wrong with that or that it is impossible that it will happen. Just not likely IMO.

 

[Bamalaw92]

<font face="Verdana, Arial" size="2">Originally posted by TommyMac:
BamaLaw92,

Sounds to me like it would be easier to prove that the ncaa and the other defendants acted in concert to specifically cause damage to The University than to Cottrell and Williams.</font>

Absolutely - Unfortunately the University isn't a party to the lawsuit. Gallion will have to argue (and legitimately so IMO) that through the zeal to get Alabama they knew it would damage the coaches but particularly would know it would damage the recruiting coordinator because recruiting violations were being asserted. This is Tommy's hook.

 

[TIDE-HSV]

First, I'd be very surprised if UA ever did file. However, I can't agree that Gallion's filing suit would toll the statute. Maybe, at some point in discovery...

 

[bobmack12champs]

The next case I try will be my first....I have heard Gallion on several ocassions say that he has more but will not divulge them at this time.

Having said that, do you think he's holding back the meat and mostly feeding us the milk?
Do you think he's firing the main salvo or just the secondary fire?

This isn't his first time under big guns, so as just a layman, its hard for me to believe he has laid all out for everyone to see without at least a trump card or two.

------------------
"Doctors bury their mistake, I have to feed mine 4 years!"......Bear bryant

 

[oldford]

I pray that Bama will benefit from the Gallion case, and whatever happens in it's aftermath.
However I believe that the hard work of Gallion and Mountain will probably benefit other schools who have run-ins with the ncaa in the future. A pleasant thought is Logan Young
never going to trial and filing a suit against the ncaa that would make Cottrell-Williams
suit look trivial. Hopefully, Gallion will at least let the ncaa know that they are not invincible

 

[W. Tidehill]

Thanks for all the insight Bamalaw92 and HSV. I don't know if RC and IW will win but I sure hope that more and more light is shined on this Medieval inquisition that was the ncaa's investigation into Bama's football program. They seem to fear discloser far worse than monetary loss anyway.

 

[uaintn]

I suspect that Gallion has not shown everything he has. In his place, I would hold back a big thing or two in order to have something to offer the NCAA (if you settle, we won't tell everyone that ....).

However, he has said he has an agreement with his clients that this one is going to trial, so he has less incentive than he might otherwise to hold some things back.

Still, his personality type would like to let a big smelly cat out of the bag during the trial itself.

 

[onebama#1]

I don't believe it will ever go to trial. When the NCaa opens their check book, RC & IW will say yes.

 

[bamabake]

Conversely, I'd never give much value to an attorney's solution on how to beat the zone press.

hehehe