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Jooser
08-04-2011, 07:05 PM
....oh, yeah. Here we go again. Good Grief Charlie BROWN!

http://profootballtalk.nbcsports.com/20 ... e-forward/ (http://profootballtalk.nbcsports.com/2011/08/04/nevada-lawsuit-against-roethlisberger-finally-will-move-forward/)


Nevada lawsuit against Roethlisberger finally will move forward

Posted by Mike Florio(of course) on August 4, 2011, 6:01 PM EDT

AP
The honeymoon is over, in more ways that one.

After the lawsuit against recently-married Steelers quarterback Ben Roethlisberger languished for months in Nevada over a threshold procedural issue based on whether the case should stay in the county where it was filed or whether it should be moved to the county where the alleged incident occurred, the Nevada Supreme Court has ruled that the case should stay put.

It means that the case will finally proceed, and that it will do so in the county in which the plaintiff’s lawyer chose to file the case.

Fights over forum selection are common in civil suits. The lawyer representing the plaintiff, when faced with a choice of possible venues, picks the one that the lawyer believes will be the kindest to the plaintiff. If the lawyer for the defendant(s) believes that another possible forum exists that would be less favorable to the plaintiff, the lawyer for the defendant(s) sometimes tries to move the case there.

“We’re delighted with the court’s ruling and look forward to proceeding with the case in 2nd Judicial District Court,” the plaintiff’s lawyer, Cal Dunlap, told the Associated Press.

In some cases, the choice of a forum can be the difference between winning and losing. In this case, Roethlisberger lawyer David Cornwell doesn’t think so. Cornwell told the AP that the ruling “does not affect the likely outcome of this case,” and that “the jury will conclude that Ben has been falsely accused.”

The most important aspect of the development is that, more than two years after it was filed, the case will move off square one.

Despite any actual or apparent weaknesses in the plaintiff’s case, the best move for Ben could be to peel off some of that lump sum he receives when restructuring his contract to put this one behind him, once and for all.

hawaiiansteel
08-05-2011, 02:42 AM
Lounge Legal Dept.: Latest on Big Ben Sexual Assault Case

Posted on August 4, 2011 by lounge legal dept.


Jeremy Clark is an attorney and a Steelers fan. He also runs the Lounge Legal Department. On today’s docket: the latest in the Ben Roethlisberger sexual assault civil suit.

Take it away, Jeremy…

So now that football is actually back and we are all discussing the important issues, such as our perpetually suspect o-line, I am sure what you all want to do is read some more legal mumbo jumbo. Well I’m happy to oblige!

The latest legal news with our beloved Steelers has to do with Big Ben’s trial in Nevada. I know, I almost forgot about that one too. As a brief recap, Ben is accused of sexually assaulting (raping) an employee at the Harrah’s Hotel in Lake Tahoe. An interesting fact here is that the accuser never filed a police report so this is a civil case. She also apparently sent an email before the alleged rape that seriously undermines her case.

The problem for Ben is twofold: A) this is a civil case so the burden of proof is lower, and B) he got really stupid in Georgia a year later. As an aside, I would like to propose we ban all Steelers from the state of Georgia during the off-season.

So what happened here was Ben’s attorney wanted to move the trial to another, more Ben-friendly, county. The procedure for doing this is to file an objection stating that the plaintiff’s choice of venue is improper (under the rules) or inconvenient for the defendants. The Nevada Supreme Court (way to really delay the case by appealing this issue, Ben!) dismissed the inconvenience argument by basically saying Ben was already from out of state so it’s no big deal for him to travel to either county. The improper objection, on the other hand, gets a bit technical.

For a person to pursue any legal issue in any court they must have what we lawyers call “standing.” Standing requires someone act improperly, which causes an injury, and an ability of a court to right the wrong (more boring info on standing here). For example, say this season Carson Palmer is relaxing on the beach when Kimo von Oelhoffen walks by and, not looking, falls onto Carson’s knee. The wrong was Kimo not looking where he was going, the injury is Carson’s blown knee, and the remedy is the expected earnings Carson will lose because of his injury.

The Court stated that, as Ben was from out of state, he lacked standing to challenge the location as violating the state rules because for out-of-state defendants venue is proper in any county. It is only residents of Nevada who could challenge a plaintiff’s selection as improper. As there was no improper act towards Ben in the choice of county (i.e. violation of the state’s rules) he could not challenge the selection — or in legalese he “lacked standing.”

So what does this mean for the rest of Ben’s case? Well, the case is moving forward now, but we still have a long time until this gets to a trial. The wheels of justice grind slow — particularly when you can afford to pay really good attorneys lots of money to stall. I doubt this trial would be ready during the upcoming season. (Though it might give me something to write about next off-season).

The next step for the case is discovery. This is where each side gets to request documents and interview all potential witnesses under oath in an effort to gather evidence. A fast discovery timeline is 90 days and this will not be fast.

I know Ben is determined to clear his name in this case, and that email is awful for the Plaintiff, but I think Ben should just settle this case and move on. Prior to his bathroom romp in Georgia I thought he would win this case hands down, but now it’s probably a closer call.

http://www.steelerslounge.com/2011/08/l ... #more-5931 (http://www.steelerslounge.com/2011/08/lounge-legal-dept-latest-big-ben-sexual-assault-case/#more-5931)

D Rock
08-05-2011, 06:53 AM
I believe it may be harder for Ben to win after last year's events, but I also believe it is more important now for him to win. He can never really do anything more to clear his name from the Georgia case, so it is extra important that the facts come out about the Nevada case.

I would fight it to the end if I knew I hadn't done anything wrong. And that the accuser is a nut job.