Kirk Ferentz getting sued for being racist

[Crookedhatkid]

In reading the order, it appears about 80% of the complaint was dismissed. The parts that remain are because they were plead (written) correctly. The ruling was not based on actual evidence. It is not difficult to get past a pleadings motion to dismiss for a plaintiff. When you don't it means your case is crap (legal term). For the remaining counts the plaintiffs can try to develop discovery to prove their case. Seems like a real challenging case to me. I am not sure if settlement is even really an option because even though 99.9% of settlement agreements have language that neither side admits anything Iowa would be setting a bad precedent. Plus, prosecuting these cases is very expensive and you can be certain UI's lawyers will make the plaintiffs spend as much as possible to encourage them to eventually quit. Even if they can get through discovery they then have to survive summary judgment motions, motions in limine and then a trial.

This is not a rear end car accident case. It is very difficult to prove especially given that most of the players can be painted as disgruntled. Quite honestly some of the names I don't even recognize.

If there is a word for something similar to optimism but like 10 times more optimistic than that, it would be perfect to describe this post. I don’t see how you think setting bad precedent is more damaging for the football program than a drawn out discrimination lawsuit. I agree with the majority of what you are saying but I don’t think you are taking enough into account how damaging something like this is to a program in a sport where optics are very important. That doesn’t even go to mention how devastating it would be to lose a suit like this.

 

[inCyteful]

In reading the order, it appears about 80% of the complaint was dismissed. The parts that remain are because they were plead (written) correctly. The ruling was not based on actual evidence. It is not difficult to get past a pleadings motion to dismiss for a plaintiff. When you don't it means your case is crap (legal term). For the remaining counts the plaintiffs can try to develop discovery to prove their case. Seems like a real challenging case to me. I am not sure if settlement is even really an option because even though 99.9% of settlement agreements have language that neither side admits anything Iowa would be setting a bad precedent. Plus, prosecuting these cases is very expensive and you can be certain UI's lawyers will make the plaintiffs spend as much as possible to encourage them to eventually quit. Even if they can get through discovery they then have to survive summary judgment motions, motions in limine and then a trial.

This is not a rear end car accident case. It is very difficult to prove especially given that most of the players can be painted as disgruntled. Quite honestly some of the names I don't even recognize.

Iowa can't afford to play this out even if they are certain they would win it. The plaintiffs are bringing the case knowing exactly that. So what if 80% of the complaints were dismissed - how many have to be correct to warrant the case? Ultimately, this case is probably setup to let them get to a civil case which is exactly why Iowa will settle. That and as someone said earlier, the real concern here is to BF into the head coaching position - which is also best served with a settlement.

 

[knowlesjam]

Iowa can't afford to play this out even if they are certain they would win it. The plaintiffs are bringing the case knowing exactly that. So what if 80% of the complaints were dismissed - how many have to be correct to warrant the case? Ultimately, this case is probably setup to let them get to a civil case which is exactly why Iowa will settle. That and as someone said earlier, the real concern here is to BF into the head coaching position - which is also best served with a settlement.

I may have the same chance of being the Iowa HC as BF does. I can't see any scenario now where Iowa lets that happen, especially given the new president coming in. Once KF is gone, the rest will quickly follow.

 

[inCyteful]

I may have the same chance of being the Iowa HC as BF does. I can't see any scenario now where Iowa lets that happen, especially given the new president coming in. Once KF is gone, the rest will quickly follow.

That may be right but I don't think it will keep KF from pulling out every stop to try to make it happen.

 

[BillBrasky4Cy]

I may have the same chance of being the Iowa HC as BF does. I can't see any scenario now where Iowa lets that happen, especially given the new president coming in. Once KF is gone, the rest will quickly follow.

That ship has sailed. After the new president comes in Kirk will be lucky if his Sh!tty son is still in the program.

 

[RonBurgundy]

Quite honestly some of the names I don't even recognize.

LOL. You are literally whistling past the graveyard if you think the plaintiffs have a minuscule probability of being successful. There is no way the University can take this to trial.

(1) Discovery will not be that expensive. There are already two investigations that document the issues and provide a roadmap. They can focus on filling in the gaps and then serving subpoenas on racists like Doyle and Bedford Forrest.

(2) IIRC, the investigations documented two other perpetrators (Bedford Forrest and ?) that appear to have avoided any discipline Terrible look for the university to continue to pay millions in salary to these two.

(3) Do you have any grasp of the strength of the social justice movement currently? You plan to swim against the tide in a trial?

(4) A related issue is NIL. The plaintiffs will certainly document the millions that Iowa football generates off the back of the athletes, many of which they systematically mistreated.

I am going to bookmark and remember your last sentence forever. You clearly don’t grasp how racist you are. You really put forth the argument that the mistreatment of some of these black players is ok since they weren’t that good or memorable. JFC

 

[SportsFan1]

So you think Iowa is going to win the case and not pay out?

Most likely scenario is the case gets dismissed down the road after the plaintiffs' attorneys grow tired of throwing money at it. Happens all the time. There is very little chance they are getting paid hourly. If the case would actually go to trial on a few counts I don't even know how you prove liability or damages here. You guys have an agenda so you think its just open and shut, guy says some insensitive comments were made and that is it. What are the damages? The only player I think with a pro hope was AW and he got multiple shots and it did not work out. Is that Chris Doyle's fault? To my knowledge AW was a starting RB at Iowa for at least 2 years.

The case is also pending in Iowa and most, if not all of the plaintiffs are out of state, the main plaintiffs' firm is out of state. I can tell you from experience, that matters. Is an Iowa jury going to award some huge pile of money against the most popular FB team and institution in the state in favor of a bunch of non-Iowans that left school after they did not play? It goes on and on like that. Tough case.

 

[SportsFan1]

LOL. You are literally whistling past the graveyard if you think the prosecution has a minuscule probability of being successful. There is no way the University can take this to trial.

(1) Discovery will not be that expensive. There are already two investigations that document the issues and provide a roadmap. They can focus on filling in the gaps and then serving subpoenas on racists like Doyle and Bedford Forrest.

(2) IIRC, the investigations documented two other perpetrators (Bedford Forrest and ?) that appear not have avoided any disciple. Terrible look for the university to continue to pay millions in salary to these two.

(3) Do you have any grasp of the strength of the social justice movement currently? You plan to swim against the tide in a trial?

(4) A related issue is NIL. The prosecution will certainly document the millions that Iowa football generates off the back of the athletes, many of which they systematically mistreated.

I am going to bookmark and remember your last sentence forever. You clearly don’t grasp how racist you are. You really put forth the argument that the mistreatment of some of these black players is ok since they weren’t that good or memorable. JFC

You lost me at discovery is cheap. What do I know. I only have close to 20 years trying cases, federal and state.

Big social justice movement in Iowa? I grew up there, still have lot of roots there. The answer is no. That is why I am surprised they filed case there.

Bookmark all you want. I said the plaintiffs will be painted as disgruntled and they will be. It is fact most of them rarely played and left school soon after arrival. These are defense arguments. Nobody is saying anyone can be mistreated. If you don't think plaintiffs' file suits as an opportunity I am not sure what to tell you. That is the whole system of class actions.

 

[CyTwins]

What are the damages? The only player I think with a pro hope was AW and he got multiple shots and it did not work out. Is that Chris Doyle's fault? To my knowledge AW was a starting RB at Iowa for at least 2 years.

Being treated like **** and discriminated against because of the color of your skin isn't damaging? Wow. General damages are still damages

 

[SportsFan1]

Iowa can't afford to play this out even if they are certain they would win it. The plaintiffs are bringing the case knowing exactly that. So what if 80% of the complaints were dismissed - how many have to be correct to warrant the case? Ultimately, this case is probably setup to let them get to a civil case which is exactly why Iowa will settle. That and as someone said earlier, the real concern here is to BF into the head coaching position - which is also best served with a settlement.

100% right here. These attorneys don't want a trial. Will cost a fortune to get there and it would be a tough case to win. Little precedent for it. I am not seeing the BF thing. I think their is little chance he would become a HC at Iowa. I don't see that as a popular option.

 

[SportsFan1]

Being treated like **** and discriminated against because of the color of your skin isn't damaging? Wow

Sure it is, but you have to quantify it. There is no law that says if you are called a racist name you get X dollars. You have to prove how anything (personal injuries, bad words, etc) "damaged" you. Sure, you can argue to a jury you were subject to allegedly racist conduct and because of that you want $40 million dollars. A jury still has to think that is a compensable amount under all the circumstances.

 

[CyTwins]

Sure it is, but you have to quantify it. There is no law that says if you are called a racist name you get X dollars. You have to prove how anything (personal injuries, bad words, etc) "damaged" you. Sure, you can argue to a jury you were subject to allegedly racist conduct and because of that you want $40 million dollars. A jury still has to think that is a compensable amount under all the circumstances.

General damages. This isn't complicated. Iowa would absolutely lose this in court

 

[SportsFan1]

General damages. This isn't complicated. Iowa would absolutely lose this in court

General damages? You should get out of the basement and off the computer and start trying cases as a plaintiffs lawyer. It is very easy according to this board. The plaintiffs' argument always wins apparently, not sure why the defense is even retained.

 

[CyTwins]

General damages? You should get out of the basement and off the computer and start trying cases as a plaintiffs lawyer. It is very easy according to this board. The plaintiffs' argument always wins apparently, not sure why the defense is even retained.

I'll gladly look back at this conversation when Iowa settles this out of court because they know they would lose in court

 

[Rural]

LOL. You are literally whistling past the graveyard if you think the plaintiffs have a minuscule probability of being successful. There is no way the University can take this to trial.

(1) Discovery will not be that expensive. There are already two investigations that document the issues and provide a roadmap. They can focus on filling in the gaps and then serving subpoenas on racists like Doyle and Bedford Forrest.

(2) IIRC, the investigations documented two other perpetrators (Bedford Forrest and ?) that appear to have avoided any discipline Terrible look for the university to continue to pay millions in salary to these two.

(3) Do you have any grasp of the strength of the social justice movement currently? You plan to swim against the tide in a trial?

(4) A related issue is NIL. The plaintiffs will certainly document the millions that Iowa football generates off the back of the athletes, many of which they systematically mistreated.

I am going to bookmark and remember your last sentence forever. You clearly don’t grasp how racist you are. You really put forth the argument that the mistreatment of some of these black players is ok since they weren’t that good or memorable. JFC

Standard issue Iowa fan.

 

[SportsFan1]

I'll gladly look back at this conversation when Iowa settles this out of court because they know they would lose in court

In that case the plaintiffs should not settle. Go to trial, prove your case.

The people on this board thinking they "know" what happened, what will happen, is comical. The situation is likely somewhat grey. To think that Iowa's staff was just out and out racist towards their players, probably more than 50% of which have been black over the past 15 years just does not hold a lot of water. If that were accurate there should be A LOT more plaintiffs and a lot of coaches that had been knocked out over the years. How is Akrum going to describe trying to get his brother a scholarship at Iowa the last year AW was there? I mean........?

 

[Crookedhatkid]

In that case the plaintiffs should not settle. Go to trial, prove your case.

The people on this board thinking they "know" what happened, what will happen, is comical. The situation is likely somewhat grey. To think that Iowa's staff was just out and out racist towards their players, probably more than 50% of which have been black over the past 15 years just does not hold a lot of water. If that were accurate there should be A LOT more plaintiffs and a lot of coaches that had been knocked out over the years. How is Akrum going to describe trying to get his brother a scholarship at Iowa the last year AW was there? I mean........?

Once again, I don’t completely disagree with this. But wouldn’t you say that having a discrimination lawsuit on going has cost to the football program in the court of public opinion? How can you put a valuation on dragging this out for months longer and giving the plaintiffs a stage to air the dirty laundry of the staff in stories that have already been made public and possibly even ones that haven’t. Going through that whole process has underlying cost. Go look at the ESPN headline from last week when some of the charges were dismissed, the story was the the lawsuit was going to go on.

 

[SportsFan1]

Once again, I don’t completely disagree with this. But wouldn’t you say that having a discrimination lawsuit on going has cost to the football program in the court of public opinion? How can you put a valuation on dragging this out for months longer and giving the plaintiffs a stage to air the dirty laundry of the staff in stories that have already been made public and possibly even ones that haven’t. Going through that whole process has underlying cost. Go look at the ESPN headline from last week when some of the charges were dismissed, the story was the the lawsuit was going to go on.

Oh, absolutely they don't want the story out there. Kind of a rock and a hard place and you just have to gut it out like every other public figure/institution that gets accused of something. Part of the deal for being a big target. Now, if there were like 100 former players and there were recognizable names in there I think this would be a different situation. The staff would be out, they would reach a settlement and move on. However, here this group of plaintiffs has some issues and that allows something for Iowa to hang their hat on and defend themselves. They signed a top 25 recruiting class, finished in top 15 and I think are top 25 (2021) AFTER all that came out. So, I think things would need to change radically before they change gears.

 

[BCClone]

One issue that was pressed early that could be very damaging if they have someone to testify to it is the statement about Kirk tearing down certain players to NFL front offices/coaches. If they have a couple people come forward, Kirk would need to have a couple come forward to show how he ripped white players similarly. It’s a double edge sword. Don’t, and your racist, you do and it looks like you trash a lot of your players and it gets used against you.

 

[CyTwins]

To think that Iowa's staff was just out and out racist towards their players

How is Akrum going to describe trying to get his brother a scholarship at Iowa the last year AW was there? I mean........?

I believe three were

Link?