Motion filed to dismiss Roethlisberger lawsuit

[grotonsteel]

Re: Motion filed to dismiss Roethlisberger lawsuit

I filed a motion.

SLAP

[phillyesq]

Re: Motion filed to dismiss Roethlisberger lawsuit

I know we have doctors on this board but any lawyers who can fill us in on how this works?

I also read it as one of the defendants was asking to have her specific name removed from the suit not the dismissal of the suit itself.

I'll try to provide a bit of an explanation without boring everybody to tears.

The motion to dismiss was filed on behalf of one of the defendants. I haven't seen the motion yet, but essentially, in a motion to dismiss, you are telling the court that even if each and every fact in the complaint is true, there is no cause of action based on those facts, and you are entitled to be dismissed.

In this case, there were a number of defendants named in addition to Ben. One of those defendants filed a motion to dismiss, and if successful, the suit will be dismissed with respect to that person, but not as to everybody else. Ben would still be in the case.

In cases with multiple defendants, the suit can be dismissed as to an individual defendant, without dismissing everybody else. I often have cases where I represent a half dozen corporate defendants. In many of those cases, a few of the defendants will be dismissed, and others will remain as defendants through the litigation.

Separate and apart from the motion to dismiss filed by a co-defendant, Ben's lawyer released a statement asking the Plaintiff to withdraw the suit. The evidence supporting his statement (e-mails from the accuser) strongly suggest that the suit was fabricated. It will be very difficult for the accuser to prove her case, and her attorney (who is likely working on a contingency fee) may be convinced to drop the suit before incurring huge expenses that he will not recover if a jury finds for Ben. I'm not saying that this will happen, but this is the hope of Ben's legal team.

This case really seems like a local guy got in over his head. Ben has some heavy hitters representing him. In addition to Cornwell, Morgan Lewis is one of the biggest firms in the country. These guys can blow the plaintiff's lawyer out of the water, and the statement that Cornwell released is a show of force to let him know that. It also allows him to voluntarily dismiss the case and save face.

Even though the statement from Cornwell shows that there is a lot of evidence supporting Ben, don't look for Ben to file a motion to dismiss. In a motion to dismiss, the court has to assume that every fact in the complaint is true. After the case progresses through discovery (document production, depositions, etc.), Ben can file a motion for summary judgment. At that point, the plaintiff will have to produce some actual evidence to support her case. Unfortunately, discovery can take a long time. In Philadelphia, for a case like this, both parties would have about a year to eighteen months to conduct discovery. And Philadelphia, surprisingly, has a faster scheduling system than many jurisdictions (I'm not sure what the deadlines are in Ben's case, if any).

So, while the evidence, at this point, is in Ben's favor, unfortunately, he isn't out of the woods yet.

[Oviedo]

Re: Motion filed to dismiss Roethlisberger lawsuit

I know we have doctors on this board but any lawyers who can fill us in on how this works?

I also read it as one of the defendants was asking to have her specific name removed from the suit not the dismissal of the suit itself.

I'll try to provide a bit of an explanation without boring everybody to tears.

The motion to dismiss was filed on behalf of one of the defendants. I haven't seen the motion yet, but essentially, in a motion to dismiss, you are telling the court that even if each and every fact in the complaint is true, there is no cause of action based on those facts, and you are entitled to be dismissed.

In this case, there were a number of defendants named in addition to Ben. One of those defendants filed a motion to dismiss, and if successful, the suit will be dismissed with respect to that person, but not as to everybody else. Ben would still be in the case.

In cases with multiple defendants, the suit can be dismissed as to an individual defendant, without dismissing everybody else. I often have cases where I represent a half dozen corporate defendants. In many of those cases, a few of the defendants will be dismissed, and others will remain as defendants through the litigation.

Separate and apart from the motion to dismiss filed by a co-defendant, Ben's lawyer released a statement asking the Plaintiff to withdraw the suit. The evidence supporting his statement (e-mails from the accuser) strongly suggest that the suit was fabricated. It will be very difficult for the accuser to prove her case, and her attorney (who is likely working on a contingency fee) may be convinced to drop the suit before incurring huge expenses that he will not recover if a jury finds for Ben. I'm not saying that this will happen, but this is the hope of Ben's legal team.

This case really seems like a local guy got in over his head. Ben has some heavy hitters representing him. In addition to Cornwell, Morgan Lewis is one of the biggest firms in the country. These guys can blow the plaintiff's lawyer out of the water, and the statement that Cornwell released is a show of force to let him know that. It also allows him to voluntarily dismiss the case and save face.

Even though the statement from Cornwell shows that there is a lot of evidence supporting Ben, don't look for Ben to file a motion to dismiss. In a motion to dismiss, the court has to assume that every fact in the complaint is true. After the case progresses through discovery (document production, depositions, etc.), Ben can file a motion for summary judgment. At that point, the plaintiff will have to produce some actual evidence to support her case. Unfortunately, discovery can take a long time. In Philadelphia, for a case like this, both parties would have about a year to eighteen months to conduct discovery. And Philadelphia, surprisingly, has a faster scheduling system than many jurisdictions (I'm not sure what the deadlines are in Ben's case, if any).

So, while the evidence, at this point, is in Ben's favor, unfortunately, he isn't out of the woods yet.

Great review and information.

I would be curious whether the plantiff's lawyer is an independent or part of a larger firm. I have a cousin who is a lawyer and she says there is an internal review board they typically go through for cases like this. It would seem a larger firm would have reviewed this before taking it and smelled how bad this stunk.

[stlrz d]

Re: Motion filed to dismiss Roethlisberger lawsuit

Thanks for the info Pennypacker!

In case any of you are wondering why I refer to Phillyesq as Pennypacker...I'll let you in on it.

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[phillyesq]

Re: Motion filed to dismiss Roethlisberger lawsuit

Great review and information.

I would be curious whether the plantiff's lawyer is an independent or part of a larger firm. I have a cousin who is a lawyer and she says there is an internal review board they typically go through for cases like this. It would seem a larger firm would have reviewed this before taking it and smelled how bad this stunk.

I have heard that plaintiff's firms use some sort of review. They need to front the costs up front, so they try to build a consensus as to whether investing in a certain case is likely to lead to a reasonable return on investment. It doesn't appear that the Plaintiff's lawyer is part of a larger firm.

I searched for the lawyer on Martindale.com, a database that lists many lawyers. It appears that Calvin Dunlap, the lead attorney, is a solo practitioner who has been practicing since 1970. His co-counsel, Monique Laxalt, also appears to be a solo.

[Oviedo]

Re: Motion filed to dismiss Roethlisberger lawsuit

Great review and information.

I would be curious whether the plantiff's lawyer is an independent or part of a larger firm. I have a cousin who is a lawyer and she says there is an internal review board they typically go through for cases like this. It would seem a larger firm would have reviewed this before taking it and smelled how bad this stunk.

I have heard that plaintiff's firms use some sort of review. They need to front the costs up front, so they try to build a consensus as to whether investing in a certain case is likely to lead to a reasonable return on investment. It doesn't appear that the Plaintiff's lawyer is part of a larger firm.

I searched for the lawyer on Martindale.com, a database that lists many lawyers. It appears that Calvin Dunlap, the lead attorney, is a solo practitioner who has been practicing since 1970. His co-counsel, Monique Laxalt, also appears to be a solo.

Thanks. Pretty much what I expected. Seems two lawyers may have bit of more than they could chew. I hope Ben's "legal eagles" bury them and do it quickly. I would be a great gift before season kick off.