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Gulffisherman 
LSU Fan
Bogalusa
Member since Oct 2009
704 posts
| Will Goodell ever testify in Vilmas defamation suit? (Posted on 12/11/12 at 9:09 pm)
Vilmas lawyer says its not going away. Odds of Goodell ever actually testifying??
My vote he he'll do anything and everything possible to avoid it- he knows he would be hung if he did!
Thoughts?
This post was edited on 12/11 at 9:12 pm
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Breesus 
New Orleans Saints Fan
House of the Rising Sun
Member since Jan 2010
15526 posts
| re: Will Goodell ever testify in Vilmas defamation suit? (Posted on 12/11/12 at 9:20 pm to Gulffisherman)
Why would he testify?
quote:
Thoughts?
You're confused
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Gulffisherman
LSU Fan
Bogalusa
Member since Oct 2009
704 posts
| re: Will Goodell ever testify in Vilmas defamation suit? (Posted on 12/11/12 at 9:22 pm to Breesus)
Personal defamation suit against Goodell. Players can't sue the league as per CBA. If I am missing something here, please elaborate.
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Breesus
New Orleans Saints Fan
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| re: Will Goodell ever testify in Vilmas defamation suit? (Posted on 12/11/12 at 9:23 pm to Gulffisherman)
quote:
If I am missing something here, please elaborate.
Why would Goodell ever need to testify in the process of that suit? And if he did, why would he say anything different than he has been saying?
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Gulffisherman
LSU Fan
Bogalusa
Member since Oct 2009
704 posts
| re: Will Goodell ever testify in Vilmas defamation suit? (Posted on 12/11/12 at 9:29 pm to Breesus)
Vilma is claiming Goodell personally defamed his character even prior to announcing the original punishments. Think he would be the primary witness as it was Goodell statements that instigated the suit in the first place.
Personally, I think Goodell would avoid itestifying at all costs in a federal court in this matter. Under oath in federal court does make some pucker more than others.
Just my opinion.
This post was edited on 12/11 at 9:31 pm
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BowDownToLSU
LSU Fan
Livingston louisiana
Member since Feb 2010
2489 posts
| re: Will Goodell ever testify in Vilmas defamation suit? (Posted on 12/11/12 at 9:51 pm to Gulffisherman)
I bet RG has skid marks just thinking about having to go to court over all of this
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Gulffisherman
LSU Fan
Bogalusa
Member since Oct 2009
704 posts
| re: Will Goodell ever testify in Vilmas defamation suit? (Posted on 12/11/12 at 10:14 pm to BowDownToLSU)
quote:
I bet RG has skid marks just thinking about having to go to court over all of this
Blisters on his fingers from copying 50,000 pages of BS too.
Ginsberg will spit him out if RG takes the stand.
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udtiger
LSU Fan
Louisiana
Member since Nov 2006
18089 posts
| re: Will Goodell ever testify in Vilmas defamation suit? (Posted on 12/11/12 at 10:36 pm to Breesus)
quote:
Why would Goodell ever need to testify in the process of that suit? And if he did, why would he say anything different than he has been saying?
Party cannot refuse to testify unless there are 5th Amendment implications. If he did, Vilma could request (and could get) sanctions from the Court which would likely be that Goodell could not offer any affirmative defense (such as "truth" or "reasonable belief") and/or that Vilma's allegations of fact are deemed admitted.
Hence, the jury trial is ONLY for damages, as the defamation becomes an established fact.
Goodell likely won't testify because he would have to lie under oath, which is a no no, and would get him disbarred.
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JLSIX
New Orleans Saints Fan
New Orleans, LA
Member since Apr 2010
15392 posts
 Online
| re: Will Goodell ever testify in Vilmas defamation suit? (Posted on 12/11/12 at 10:42 pm to udtiger)
Not to mention that taking the fifth in a civil action leads to an adverse inference, which means the finder of fact can think that you have something to hide.
Goodell's true defense in this defamation is the truth, thus he has to prove that Vilma did indeed do these things for which he was accused. Taking the fifth would go against all of the evidence submitted. As a finder of fact, that helps out the plaintiff. Now of course, malice needs to be shown but it could likely be shown from Goodell's actions and knowledge since the beginning.
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Breesus
New Orleans Saints Fan
House of the Rising Sun
Member since Jan 2010
15526 posts
| re: Will Goodell ever testify in Vilmas defamation suit? (Posted on 12/11/12 at 10:44 pm to udtiger)
quote:
Party cannot refuse to testify unless there are 5th Amendment implications
Goodell did you do what villa says you did with the malicious intent to do so?
I plead the fif.
Goodell then reiterates every single press release by the NFL backed by tags latest statement. He wouldn't have a problem testifying
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JLSIX
New Orleans Saints Fan
New Orleans, LA
Member since Apr 2010
15392 posts
Online
| re: Will Goodell ever testify in Vilmas defamation suit? (Posted on 12/11/12 at 10:44 pm to udtiger)
quote:
Party cannot refuse to testify unless there are 5th Amendment implications. If he did, Vilma could request (and could get) sanctions from the Court which would likely be that Goodell could not offer any affirmative defense (such as "truth" or "reasonable belief") and/or that Vilma's allegations of fact are deemed admitted.
fifth amendment implications would be present. Goodell is the accused. The refusal to testify just leads to an adverse inference.
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JLSIX
New Orleans Saints Fan
New Orleans, LA
Member since Apr 2010
15392 posts
Online
| re: Will Goodell ever testify in Vilmas defamation suit? (Posted on 12/11/12 at 10:45 pm to Breesus)
quote:
quote: Party cannot refuse to testify unless there are 5th Amendment implications Goodell did you do what villa says you did with the malicious intent to do so? I plead the fif. Goodell then reiterates every single press release by the NFL backed by tags latest statement. He wouldn't have a problem testifying
see my posts
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Breesus
New Orleans Saints Fan
House of the Rising Sun
Member since Jan 2010
15526 posts
| re: Will Goodell ever testify in Vilmas defamation suit? (Posted on 12/12/12 at 7:23 am to JLSIX)
Breaking news:
Goodell testifies at the Bounty Hearing
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FootballNostradamus 
Clemson Fan
Member since Nov 2009
9165 posts
| re: Will Goodell ever testify in Vilmas defamation suit? (Posted on 12/12/12 at 7:54 am to Breesus)
quote:
Goodell did you do what villa says you did with the malicious intent to do so?
I plead the fif.
Would be a terrible decision for his case to make such statement.
quote:
Goodell then reiterates every single press release by the NFL backed by tags latest statement.
Press releases are not considered evidence in a court of law.
quote:
He wouldn't have a problem testifying
I actually think it'd be harder than people believe, but that's JMO.
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Breesus
New Orleans Saints Fan
House of the Rising Sun
Member since Jan 2010
15526 posts
| re: Will Goodell ever testify in Vilmas defamation suit? (Posted on 12/12/12 at 8:02 am to FootballNostradamus)
quote:
Would be a terrible decision for his case to make such statement.
Pleading the fifth is never a terrible decision. You cant risk incriminating yourself it is a constitutionally protected right in America. If he is directly asked if he meant to hurt Vilma, or if he acted without evidence or anything like that he will immediately plead the fifth no matter what.
quote:
Press releases are not considered evidence in a court of law.
No, they arent. But any good lawyer would condition Goodell to only say what is in those releases, ensuring his story never changed, then when he says them as testimony they become evidence. As I stated in my press releases, bla bla bla bul shite...
quote:
I actually think it'd be harder than people believe
well we have a difference of opinion then. This might help you understand.
This post was edited on 12/12 at 8:03 am
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TigerinATL
New Orleans Saints Fan
Member since Feb 2005
26194 posts
| re: Will Goodell ever testify in Vilmas defamation suit? (Posted on 12/12/12 at 8:08 am to Gulffisherman)
quote:
My vote he he'll do anything and everything possible to avoid it- he knows he would be hung if he did!
Goodell has very little to worry about in terms of losing the defamation suit. For Vilma to win he has to prove that Goodell either knew the info was wrong or should have known it was wrong. Upper management relying on evidence from middle management about front line employees, even if middle management was lying, should be enough to protect Goodell. They'd need something like an email of him telling Gregg Williams what to say for Goodell to be in any danger.
The reason the league usually tries to avoid court at all costs isn't because they think they'll lose, it's because they don't want their dirty laundry being aired in public. For instance if there was documentation that the league knew of other similar programs and did nothing, it'd be obvious this was all a sham and not a valid defense against player injury lawsuits.
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Sophandros
New Orleans Saints Fan
R'Lyeh
Member since Feb 2005
40301 posts
| re: Will Goodell ever testify in Vilmas defamation suit? (Posted on 12/12/12 at 8:15 am to udtiger)
quote:
Goodell likely won't testify because he would have to lie under oath, which is a no no, and would get him disbarred.
I can assure you that Goodell will NEVER get disbarred.
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Sophandros
New Orleans Saints Fan
R'Lyeh
Member since Feb 2005
40301 posts
| re: Will Goodell ever testify in Vilmas defamation suit? (Posted on 12/12/12 at 8:16 am to Breesus)
quote:
Party cannot refuse to testify unless there are 5th Amendment implications
Goodell did you do what villa says you did with the malicious intent to do so?
I plead the fif.
Goodell then reiterates every single press release by the NFL backed by tags latest statement. He wouldn't have a problem testifying
The Fifth Amendment only applies to criminal proceedings.
This is a civil proceeding.
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Breesus
New Orleans Saints Fan
House of the Rising Sun
Member since Jan 2010
15526 posts
| re: Will Goodell ever testify in Vilmas defamation suit? (Posted on 12/12/12 at 8:17 am to TigerinATL)
quote:
Goodell has very little to worry about in terms of losing the defamation suit. For Vilma to win he has to prove that Goodell either knew the info was wrong or should have known it was wrong. Upper management relying on evidence from middle management about front line employees, even if middle management was lying, should be enough to protect Goodell. They'd need something like an email of him telling Gregg Williams what to say for Goodell to be in any danger.
The reason the league usually tries to avoid court at all costs isn't because they think they'll lose, it's because they don't want their dirty laundry being aired in public. For instance if there was documentation that the league knew of other similar programs and did nothing, it'd be obvious this was all a sham and not a valid defense against player injury lawsuits.
In addition to all of that, Vilma is a public figure, so he would have to prove that not only did Goodell lie intentionally but he did it with the specific malicious intent to ruin Vilma's character. I dont see that happening.
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Breesus
New Orleans Saints Fan
House of the Rising Sun
Member since Jan 2010
15526 posts
| re: Will Goodell ever testify in Vilmas defamation suit? (Posted on 12/12/12 at 8:22 am to Sophandros)
quote:
The Fifth Amendment only applies to criminal proceedings.
This is a civil proceeding.
The Supreme Court has said a bunch of times that you can use it in civil proceedings. And there is a very strict scrutiny on when you cannot. It would take alot for the court to tell Goodell he cannot assert that right, and my guess is they would just let him do it.
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