Judge Hard On Fulmer Accuser

#3
#3
From the start, it's sounded like Ms.Smith had watched Forrest Gump one too many times.

Theres better ways to get your kid into school! :neener:
 
#4
#4
You know, I like playing devil's advocate anyway, but in this case I think the Smiths' complaint is completely legitimate.

If NCAA depositions can be made public under one standard arm of the law, it is ridiculous for the NCAA to say they are priveleged under another standard arm of the law. The NCAA- and Fulmer is riding their coat-tails- is trying to get away with a, "We're bigger and richer, we don't have to be consistent," argument.

There are a lot of ways that the NCAA and Fulmer could've responded once these (since proven unfounded) suspicions were made public record that would have been dignified and apologetic without admitting fault for reporting or investigating the suspicions.

Instead, the NCAA (typically) and Fulmer (disappointingly) took the high-nose route- probably because they listened to idiot lawyers with more sense about legalities than PR, much less ethics.

The Smiths say all they want is an apology. If the NCAA & Fulmer had released a special press statement announcing that the Smiths had been investigated and 'no evidence of wrong-doing was found', even if the Smiths weren't satisfied it would've eliminated any grounds for sueing. Instead the NCAA and our tagging-along-boy Fulmer went the, "I defy you to out-lawyer me' route.

I love the Vols, but I hope the Smiths win the case, against all the odds. It may hurt Fulmer, but it would hurt us alot more if the NCAA won and was allowed to defy subpoenas just because they were civil instead of criminal- especially if all info under a criminal supoena is publishable under the Freedom of Information Act.....


 
#6
#6
Originally posted by MemphisVol@Jul 5, 2005 1:12 AM
You know, I like playing devil's advocate anyway, but in this case I think the Smiths' complaint is completely legitimate.

If NCAA depositions can be made public under one standard arm of the law, it is ridiculous for the NCAA to say they are priveleged under another standard arm of the law.  The NCAA- and Fulmer is riding their coat-tails- is trying to get away with a, "We're bigger and richer, we don't have to be consistent," argument.

There are a lot of ways that the NCAA and Fulmer could've responded once these (since proven unfounded) suspicions were made public record that would have been dignified and apologetic without admitting fault for reporting or investigating the suspicions.

Instead, the NCAA (typically) and Fulmer (disappointingly) took the high-nose route- probably because they listened to idiot lawyers with more sense about legalities than PR, much less ethics.

The Smiths say all they want is an apology.  If the NCAA & Fulmer had released a special press statement announcing that the Smiths had been investigated and 'no evidence of wrong-doing was found', even if the Smiths weren't satisfied it would've eliminated any grounds for sueing.  Instead the NCAA and our tagging-along-boy Fulmer went the, "I defy you to out-lawyer me' route.

I love the Vols, but I hope the Smiths win the case, against all the odds.  It may hurt Fulmer, but it would hurt us alot more if the NCAA won and was allowed to defy subpoenas just because they were civil instead of criminal- especially if all info under a criminal supoena is publishable under the Freedom of Information Act.....
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Memphis, I like you like to play devil's advocate. As I am not an attorney, I cannot cite you the law in this case, but, the NCAA has been allowed to run it's own enforcement without hindrance from the courts. As the NCAA collected evidence against Logan Young it accumulated many transcripts of interviews, many of which were interviews with coaches that consisted of rumors. Quite frankly, neither Fulmer, nor Spurrier, nor any other SEC coach had direct evindence regarding much of this. The Pat Washington information was the only real evidence on the table. So, based on the way the NCAA has been ALLOWED to operate in the past, the documents Tommy Gallion wants to display in public (yes, I know the Smith case is outside the Gallion NCAA case, but believe me you can connect the dots), this information should not have been unsealed IMO.
 
#7
#7
If you believe that the NCAA and Fulmer should be held responsible, I suggest that the Smith's should also go after Gallion, Shanks and the other lawyers involved with the Logan Young and Cottrell/Williams cases.

Fulmer suggested that Ms. Smith "was involved with" an Alabama assistant coach. This information was given on the condition that it would be kept confidential.

Due to actions by Shanks, the Feds ruled that Fulmer's testimony be unsealed - made public. Until then, no defamation had occurred since the comments were not made publicly. Had Fulmer known this information would be public, would he have said it? We have a bit of chicken and egg here.

The irony is that the legal team that is suing is responsible for this information becoming public. Additionally, Gallion repeated the allegations over and over in public thus making more of the public aware of what was being said!

Further - Gallion has publicly claimed that Jason Swain did not take his own ACTs because someone at his school in Huntsville claimed this. Swain claims he did and the person in Huntsville has no hard proof. If Swain took his own ACT, can't he sue Gallion for defamation? The irony is that Gallion is suing Fulmer for the same behavior!

Bottomline, is what Fulmer said under assumption of confidentiality (and thus not defamatory since the public element was missing) worth $60 million!
 
#8
#8
cmon guys, the ncaa doesnt make and break thier own rules as they go along. :dlol:
 
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