Nikki Moody sues Bill Fennelly over Racial Discrimination...

DoctorUncle

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How do civil lawyers mostly get paid? They settle complaints (spurious or otherwise). Two shake downs didn't work (OEO & CRC) but they still gotta get paid. Therefore, the current situation.

Good for Fennelly/ISU not to take the easy way out.
 

Clonefan32

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Nov 19, 2008
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so one can assume that Iowa state didn't offer enough money?

Because it seems like mediation would only resolve that.

Not hard to see what happened here. They tried to shake the university down for some money and Jamie, Bill and Co. held pat knowing there wasn't anything to the allegations. Moody at her attorney's bluff got called and they put some very general allegations out there, hoping that the bad publicity would be enough to settle. Looks to me like the vast majority of african-american's associated with the women's program would be willing to be deposed/testify to the fact that while sometimes harsh, he wasn't a racist. I mean, you have a person cited in the lawsuit already coming out and saying that the allegations related to her aren't true. Put that up against Moody's case that her being treated differently isn't due to her admitted defiance, but rather her race because he said "thug" at one point, should be an easy case for a Judge to toss before it gets to a jury.
 

carvers4math

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Mar 15, 2012
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They elected mediation and not an investigation. If it was an investigation and not mediation there would have been a possibility of a finding of no probable cause (NPC) and no lawsuit. If I understand it correctly, in mediation there is no such determination and the lawsuit "approval" would be routine as long as it met the time standards etc.

Yea, seems like a typical right to sue simply because one has gone through the steps of exhausting administrative remedies.
 

bojicy

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Fielder and Timmer P.L.L.C. looks like a sketch law firm. All their attorneys are caucasians AKA WHITE! yet they have room to attack the coach who has recruited african american players and has had an african american assistant coach for 19 years at Iowa State and call him the racist.

What a crock of ********.

Agree! Looks like Fiedler and Timmer P.L.L.C. has discriminatory hiring practices as well. Only one male in the firm? Someone needs to sue!!
 

CycloneRulzzz

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Anyone who knows Kidd knows that she will tell it how it is, she's very down to Earth. I do not know Moody personally but I will take Kidd's story anyday over hers.


After hearing Kidd's comments I think the one causing emotional distress was Moody.
 

mj4cy

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After hearing Kidd's comments I think the one causing emotional distress was Moody.

We had Kidd at our Cy's house of trivia table and she couldn't say enough good things about Bill. She is going into the marines in a couple months and said he helped prepare her for that. Said he was tough but beyond the basketball court was a father figure and respected him and his program.
 

WooBadger18

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Sep 5, 2012
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How do civil lawyers mostly get paid? They settle complaints (spurious or otherwise). Two shake downs didn't work (OEO & CRC) but they still gotta get paid. Therefore, the current situation.

Good for Fennelly/ISU not to take the easy way out.
There are two different ways. The first is to charge an hourly rate (so you'll get paid either way), or you agree to a fixed % of whatever the award is (typically around 33%). So if you don't win that case, then you don't get anything. Though I think a lot of times those law firms are taking cases several smaller cases which are pretty much guaranteed payouts (like insurance cases) so you aren't just relying on major cases
 

carvers4math

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Just filing the suit accomplishes much of the goal here. Iowa State has to determine their best economic interests. Not sure caving with a settlement is in their best interests if it spawns similar suits however. The action against the State of Iowa should summary judgment out quickly.
 

Cyballzz

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Feb 1, 2010
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I see the experts at Deadspin(Gawker) got ahold of the story last night. As usual the peanut gallery over there know Coach is a terrible person.

http://deadspin.com/ex-iowa-state-basketball-details-years-of-racial-discri-1771692642

Did Gawker's new CEO approve this?

MV5BMTA1ODM2MzQyMjJeQTJeQWpwZ15BbWU2MDEzODAzNQ@@._V1_UY317_CR8,0,214,317_AL_.jpg
 

CY88CE11

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The Des

Tornado man

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What does that have to do with anything based on the allegations yesterday and the discussion today?
I got a kick out of the claim of "emotional distress" caused by Moody. Really? I got "emotional distress" watching the team play this year without her. Seems like the team kinda missed Moody. You know, our all-time assist leader? Yet tons of posters call her "selfish." OK...
 

Gunnerclone

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Jul 16, 2010
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See my post above. She had to be given permission to sue by the Iowa Civil Rights Commission, which she was granted. Would that commission have given her the right to sue if her claims were frivolous?

https://icrc.iowa.gov/publications/commissions-functions

From what I can see since she was given the "right to sue" her case was "screened out". Per the language on the site being "screened out" isn't the best case scenario in cases brought before the icrc. If there was a good case here it would have been "screened in" where the commision immediately recommends mediation.
 

LawyerClone

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Jul 28, 2012
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Some quick, general takes from the legal perspective -

- Fielder and Timmer is an excellent law firm. Quite possibly the best in the state at what they do. That doesn't mean that this case is good or bad, but Nikki will have as good of representation as possible. Also, they are likely getting paid on a contingency or % basis which means they think there is a good enough chance to get paid here that they are willing to risk not getting paid at all.

- The right to sue or ability to sue letter from the Civil Right Commission is standard fare and should not be interpreted as a validation of any claims.

- While it's of course about money, I doubt that either Nikki or her attorneys thought there was any realistic possibility that a settlement would occur without a lawsuit being filed, depositions being taken and, potentially a full trial. This isn't about getting a bluff called or thinking they could just write a couple of letters and get paid. Again, doesn't mean they're right, but don't think that they expected to get any sort of offer at this point. When the attorney signed on, they did it for the long haul.

- These types of cases are tough in general. To show that you were treated differently, because of race, and that that treatment lead to _______ in damages rather than something else is a tough mountain to climb. But again, this isn't a bad law firm and they've obviously thought of that and they're going to have more evidence than just Nikki going up there and saying what is written in the lawsuit.
 
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