Nikki Moody sues Bill Fennelly over Racial Discrimination...

Skidoosh

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May 27, 2012
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So thats two people now who were listed in the charges who refute the claims. hmmm...
 

SenorCy

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For the record, this is not the first time Fennelly's program has faced criticism that fuels a culture of discrimination.

See: http://espn.go.com/ncw/news/story?page=Mag15unhealthyclimate
You mean the article where ESPN made a lazy attempt at investigative journalism throwing ISU under the bus by implying potential wrongdoing with absolutely no evidence? I'm willing to bet the authors already had the formula for the article down before doing any research. They probably googled women's basketball family values, and picked the first Midwest school to pop up because the homophobic Midwesterner fills the cliche villain role in this story nicely alongside the intolerant Baptist cliche.
 

VeloClone

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You mean the article where ESPN made a lazy attempt at investigative journalism throwing ISU under the bus by implying potential wrongdoing with absolutely no evidence? I'm willing to bet the authors already had the formula for the article down before doing any research. They probably googled women's basketball family values, and picked the first Midwest school to pop up because the homophobic Midwesterner fills the cliche villain role in this story nicely alongside the intolerant Baptist cliche.

It says in the article that Fennelly is one of the few women's coaches who is willing to talk on the record about it.
 

BoxsterCy

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I was just contacted by Pepsi's lawyers because I purchased a Coke Zero. Discrimination? Guilty as charged!

Odd, I would have thought purchase of a Coke Zero would have been something more likely to end up in criminal court rather then civil. Just sayin'.
 

Cycsk

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This all seems rather simple. File a civil suit. Get a settlement. Regardless of actual guilt and damages.
 

StClone

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This all seems rather simple. File a civil suit. Get a settlement. Regardless of actual guilt and damages.
From what we have all seen and heard then and now, It does not look like a good case and I will donate to the university defense fund if that is possible. Frivolous lawsuit no but it is not a strong case at all on Moody's plaintiff claim on what we know. Fighting this will be bitter in the end I believe the damage of the case is in appearances and the lawyers look to that as a lever to pry out a settlement.
 

MeowingCows

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This all seems rather simple. File a civil suit. Get a settlement. Regardless of actual guilt and damages.

I figured if that was the case, ISU would've settled before this. It seems to me that settling is not something the University is interested in right now, they want to shut it down the hard way. That, or Moody's settlement offer was absurd.
 

DoctorUncle

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They do employment law. Interesting pivot. Unless...

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.
 

Cycsk

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I figured if that was the case, ISU would've settled before this. It seems to me that settling is not something the University is interested in right now, they want to shut it down the hard way. That, or Moody's settlement offer was absurd.


You may be right. I would think they would want this out of the news fast. But that's not how they handled Bubu.
 

jkclone

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You may be right. I would think they would want this out of the news fast. But that's not how they handled Bubu.
I know as a taxpayer, student, and fan this is one where I want to see the school fight. Especially when in other cases they have continued to fight even when there was more against them.
 

IAStubborn

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Just close the thread after this explanation. There isn't all that much you need know other than this. My experience is that juries don't need actual damages in these cases. They don't like mean people or bullies. Also the fear of fee switching looms terribly to the extent its available. That means that 1% liability can make you pay the actual attorney's fees of the plaintiff. If the plaintiff gets 1 penny, F&T will collect a huge payday. I haven't reviewed it enough to know whether that's available yet or not honestly. F&T can run up a good bill. They are good at that. That being said. I don't know if the state has employment practices liability insurance, but in my experience that's what leads to settling these cases. Insurance companies get antsy, and jerk it out of your hands and pay. That's how my last one with F&T ended.

I did this work on the company side for nearly 14 years. Thank God I don't anymore. I have had good and bad cases with Fiedler and Timmons. The firm is as good as they come at this type of work. (Think Alfredo Parrish on the criminal side). It doesn't mean they have the facts to win but in my experience they don't chase little cases either. They can be and are picky about what they take so they believe they have a valuable case. They also know how to play work the media as well. Remember it's not about truth either. They are interested in painting a picture of a rabid racist using a handful of situations that easily could be taken completely out of context (or not) or that may or may not be supported by any corroborating evidence. All they have to do is to throw out the allegation and watch it burn. For me it was more like they just ran around the house lighting small fires, so you spent your time running around trying to put them out. However, when I trained on this topic, I always told my managers that even if they describe a situation grossly out of context, if it happened and your response on the stand is "yes but..." or you have to explain what the real context was around the conversation then you have lost, and you just don't know it yet. If you have to say "yes we banned her from the facility because... and no we never banned anyone else..." that's a problem, no matter how much she may have deserved it.
The state is self insured and self defends. Since there are only limited areas you can sue the state settlement is unlikely. Amounts over a certain threshold come from a general fund set aside account for such things or having to pay back the feds etc. I doubt they settle since legal fees isn't part of the equation unless they see it as a loser.
 

Sparkplug

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Does any one have access to "exhibits" area of Iowa Courts online? Would like to know what's listed
 

acoustimac

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I can also vouch that Fiedler et al has a solid track record with cases like this. The firm announced today that some players have contacted them in the last 24 hours to support the claims. That could be all B.S., but I suspect there are a few and I could quickly guess the names, but won't go there. More than likely its not a matter of the allegations being true, but a chance to get back at that meanie Bill Fennelly because they couldn't handle his coaching style or expectations.
 
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acoustimac

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Nice quote from Mechelle Voepel (ESPN) about the spate of lawsuits.

"There are coaches who abuse their power and have to be held accountable. But there are also players who blame coaches for their own failures and disappointments and who set out to wreck careers and reputations that are decades in the making."
 

Jambalaya

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http://www.desmoinesregister.com/st.../2016/04/19/s-time-isus-fennelly-go/83235970/

Retired ISU journalism prof chimes in calling for Fennelly's head

Just what we need. Some tweed jacket-variety dooosh giving us his 2 cents. Maybe he should write a hit-piece editorial on Fran McCaffrey, who berates his players in public constantly

This is the type of guy who ends up on the Ames City Council and stifles economic growth, while Ankeny, Waukee, Coralville--explode the last 10-15 years
 
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NorthCyd

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http://www.desmoinesregister.com/st.../2016/04/19/s-time-isus-fennelly-go/83235970/

Retired ISU journalism prof chimes in calling for Fennelly's head

Just what we need. Some tweed jacket-variety dooosh giving us his 2 cents. Maybe he should write a hit-piece editorial on Fran McCaffrey, who berates his players in public constantly

This is the type of guy who ends up on the Ames City Council and stifles economic growth, while Ankeny, Waukee, Coralville--explode the last 10-15 years

Boy, that article doesn't speak very well for the journalism program at ISU. That is weak.
 

DoctorUncle

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**** Haws? Anyone who was a student knows that his strong point isn't deep thought.



http://www.desmoinesregister.com/st.../2016/04/19/s-time-isus-fennelly-go/83235970/

Retired ISU journalism prof chimes in calling for Fennelly's head

Just what we need. Some tweed jacket-variety dooosh giving us his 2 cents. Maybe he should write a hit-piece editorial on Fran McCaffrey, who berates his players in public constantly

This is the type of guy who ends up on the Ames City Council and stifles economic growth, while Ankeny, Waukee, Coralville--explode the last 10-15 years
 
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AuH2O

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**** Haws? Anyone who was a student knows that his strong point isn't deep thought.
I haven't read or heard much about this case yet, but now know it isn't necessary now that **** Haws has written about it. I'll just use past experience and read Haws article and take the opposite side on the matter.
 

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