At last count, I think there were almost a dozen plaintiffs suing a variety of defendants related to the NU FB program. By now, the first wave of motions to dismiss have to have been fully briefed, argued and rulings given. Anyone know whether any of the lawsuits have fallen or if the defendants are all now expected to file their answers? Could be new information in the answers and affirmative defenses.
NU FB lawsuits
- Thread starter IGNORE2
- Start date
Ask our resident plaintiff @CatManTrue
Good for Coach Fitz. Suck all you can out of these clowns. And please please please get ggarg and shill to resign before you sign the settlement. Maybe even donate 10% of the settlement to the NIL group for NU student athletes.
Signed with thanks,
A Northwestern fan
(PS Go Cats this is home forever)
Lol.
I’ve explained this before but I’m not a plaintiff and have never sued anyone… yet!
Here’s the real question: when will the assistant coaches who quit the baseball program sue? It sounds like they were in a hostile work environment and they have legal rights too.
@lunker35 , @IGNORE2 , @GOUNUII , @No Chores, @thewildcat2011 , any other board lawyers : any thoughts about the baseball situation? What legal advice would you give to the coaches who quit due to that shithead coach that Gragg hired?
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Ok - next up are the answers and the affirmative defenses.
What about those cases where PF and NU are the Ds? Those motions to dismiss must have been ruled on by now. Has PF, or NU, manage to extract themselves from those?
Btw, for PFs case to command high dollars, he needs reputational damage. If those cases involving him as a D settle or win judgement, NU will argue PFs rep was destroyed by his own actions and not damaged by NUs subsequent action…
All these cases are quite entwined and NU cannot be the big loser for them all. Something will have to give.
Not sure they have damages. Without damages, no lawyer takes the case. Cannot get punitive without actual damages.
Do the assistant coaches’ lost current & future income count as damages?
Isn’t that the basis of Fitz’s lawsuit?
I assume they had some sort of contracts and they’re protected from workplace harassment.
If the situation was as bad as some folks have been hinting, when will they lawyer up and hold a press conference?
Biggest part of PFs complaint is reputational damage done to him by firing him. As for lost wages, if any part of other cases support the notion that PF knew or should have known, then he was properly terminated for cause.
As for asst coaches - I don’t follow NU baseball. If those guys did not land in other programs with similar or better salaries, they have damages. My guess is there would be a lawsuit so I would guess they landed on their feet.
But here is how it happens - if NU fired Gagg and Gagg sued, I would expect many bball program players and coaches to be called as witnesses…against Gagg.
Funny that Pat’s Parade quickly posts the ‘rather routine’ denial on the motion to dismiss in his case, but not one mention of the motion practice on the others (also routine motions to dismiss).
When I land, maybe I’ll jump into the cook county online portal and try to confirm those motions were also denied. Heck, maybe we have some new pleadings in those cases including on behalf of PF…
When I land, maybe I’ll jump into the cook county online portal and try to confirm those motions were also denied. Heck, maybe we have some new pleadings in those cases including on behalf of PF…
Was going to do this while waiting for luggage but I found twelve cases naming PF as a defendant. Wonder how that impacts his reputation… And seems like folks stopped updated us with all the new cases…
Anyway, research will have to wait til I’m on a computer.
Can’t wait. Hopefully you discover some new lawsuits.
You should look at the contract,
When I read it many months ago, it sure looked to me like Fitz was protected from internal problems - such that NU had to notify him of anything it didn't like, then work out a solution. If Fitz didn't live up to the solution, he could be fired. Something like that.
But there was definitely a process by which problems in the program were to be addressed... and NU seemed to ignore it, so to speak.
Let’s have a little fun. Fitz is suing for $130mm. Let’s ignore the time value component. Let’s make a wager on the amount he gets. What’s a fair over/under?
I would put the over under at the value of his contract at the time he was shown the door.
Maybe. I wasn’t a contract lawyer so beyond the year taken in school and bar prep, I don’t know. But assume it’s so ironclad that he could shoot someone midday in front of the rock and NU couldn’t fire without first exhausting a number of hoops, the value of his contract was far below 130MM at the time.
Unless there was an agreed damages clause that gives him 130MM, then That’s all reputation. The underlying actions leading to those twelve lawsuits he is defending occurred before the firing. So, unless those are dismissed, his reputational value took a value dive before the firing.
Further, since NU must also defend those twelve cases, which hold potentially greater value collectively than PFs case, NU would be wise to let those cases play out before even thinking about settling with PF.
All the cases were filed close in time. Maybe PF gets a jury first. If not, whatever damning testimony and evidence brought out in earlier cases will come to the PF case as reputation has been made a contest.
Someone said over under on PF case - anyone want to wager whether PF case settles (other than voluntary dismissal) before the other cases conclude?
The amount remaining on his contract was $68mm. I’ll take the over. What’s the bet.
I’ll take the under. First - how will we confirm if not disclosed? Have to agree on a grading method. Then we talk net. I’m open to ideas. I like the handle naming rights.
If it’s not disclosed, then the bet is canceled. Forget the handle. No posting for 6 months.
Well, no point in betting actually. Fitz's case will be settled before any depositions are taken and there will be a confidentiality clause. The players' lawsuit will be settled for a relatively insignificant amount, and, again, the settlements will be confidential. The players' settlements will be nuisance value settlements, so I hope these guys aren't counting on receiving a lot of money.
While not the full contract, summary terms were attached to Fitz’s complaint: https://www.winston.com/a/web/jPJ3e...int-final-with-cover-sheet-signed-final-1.pdf
As the settlement amount is likely to be unverifiable, perhaps a more satisfying wager would be on what date PF gains employment as a D1 head football coach?
My guess is that he goes to the NFL if/when he wants to jump back in. Assistant LB coach for the Bears or something like that.
You should let all the parties and lawyers know so they can save a bunch of time.
Yes, NC, 99% civil cases settle. And maybe you have seen similar situation. But in my ten years specializing in trial law including a case involving a local private school, never seen a situation where NU has a co-defendant also as a seperate plaintiff (as in not a cross plaintiff).
If you disagree with my analysis of NU’s best interest, please share. Otherwise, I encourage you to put your old law school beanie on for a moment, assumption the role of general counsel for NU w loyalty there over PF, and explain to me how your advice would be to settle everything starting w PF for big dollars.
How about goU or any other attorneys that have actually tried a case to a jury verdict. Or at least taken cases through discovery. Anyone handle latex? How about abestos? Even med mail defense with multiple cases involving same doctor group? Something showing actual experience with complex litigation.
I did. In the last example, with terrible doctors and facilities- it was foregone presumption that all the plaintiffs would get paid well. Til I worked up the one my firm was assigned lead and destroyed the damages. Oddly, other than the one settled by a different firm on lead, all the cases suddenly went into deep discovery dives.
Lots of room to dive all thirteen cases. Lots of complex dynamics and reasons for lawyers to cooperate and deceive. I will take any bet that the PF plaintiff case settles before any of the PF defendant cases conclude. @nochores - care to grab the low hanging fruit?
Well my friend, I have tried about 175 cases to jury verdict many of which were complex cases, including numerous med mal cases and other high exposure cases. I was inducted as a fellow of the American College of Trial lawyers in 1993. My educated guess remains the same. Fitz's case will settle before any depositions are taken, and the players' cases will be settled for somewhat insignificant amounts thereafter. Could be wrong, but we'll see.
By the way, I was actively involved in the trial of civil cases for about 48 years, and the last 5 years of my practice I sort of took it easy..
So - fun wager? You name the bet. Bet would be whether PF case settles before any of the cases that he is a named defendant resolves.
You were better than the partners I worked for. After coming in 2nd for jury verdicts cutting my teeth in auto defense, I was brought aboard a major Chicago firm. Not a single partner that I worked for had ever tried a jury case. (I got dragged into a legal Secretary divorce trial as partner had agreed to represent and when settlement didn’t happen…hello domestic court)By the way, I was actively involved in the trial of civil cases for about 48 years, and the last 5 years of my practice I sort of took it easy..
My main guy trusted me some reason as he got calls about my antics (I was a little unconventional). When I broke that med mal case open - I wrote my own ticket and he was a hero with ISMIS (yup - he took the credit to assume nothing and challenge witnesses…)
Not a lawyer but I have been around. If this was a “normal” case where the defendant was looking for max dollars, I would say this case
Gets settled with a non-disclosure. I don’t think Fitz is looking for max money. He is looking for some type of redemption (you have people on this board comparing him to Paterno). That’s why I have a hunch this could go to trial and or the settlement or judgment will be public. Time will tell.
When all is said & done Northwestern will do what Northwestern does when Northwestern has A Problem: Throw money at The Problem. With both hands.
An undisclosed amount conveniently the higher of NU’s insurance coverage limit and the remainder of his contract.
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