VolInNW
Trapped in PAC 12 Country
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Didn't follow it super well because I was in 8th grade, but I've read quite a bit. I don't recall anything that wouldn't have fallen under one of the exceptions, but perhaps you have something in mind.
And yes, I simplified McQueary's account, but it would in no way be admissable even in a trial where Schiano was a party. McQueary never claimed to have heard it directly from Schiano, and Gus Bradley has steadfastly denied ever telling McQueary any such thing.
That said, the entire idea of Schiano suing is absurd. Who would he have sued? Random fans on the internet? No one at UT ever said anything remotely defamatory.
I'd have to break down the exact statements made and the circumstances of each, but normally you can cobble together a decent argument for admission of out of court statements, whether it be an exception, statements that fall under the "not hearsay" categories or the old reliable "admitted for the words themselves being uttered, not the truth of the matter asserted" argument.
Do you win the motion? Who knows. But I would never hold to a blanket assertion that something would absolutely not come in because its hearsay. It's just never that simple.
Agree with you on the second point in that his action, if it existed, would not have been in defamation, but rather some sort of contract theory.