BloodOrange
Taste the Rainbow
- Joined
- Aug 24, 2007
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I'm a lawyer for the cup of coffee that will buy me. What surprises me is that 1. They are suing for libel. If the NCAA resonably believed the truth of what they said about Mr. Smith then that is a defense. If Fulmer gets on the stand and says "yeah I told them" what had been reported about Smith. Then that is a defense for the NCAA. Even if it is not true if they had a reasonable basis to believe it that is a defense. Why would Smith want to take his depo. to have Fulmer say even I lied to the NCAA it still hurts their case.
2 Sometimes you take an adverse witnesses depo to nail down their testimony before trial, but in this case they have already tried this case. The case was remanded by the court of appeals. The NCAA did not call Fulmer as a witness.
3. For this to make sense they would have to prove that the NCAA knew Fulmer was lying or they had reason to know he was lying.
I'm a horrible typist so I'm sure there are errors.