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re: SIAP- Vilma sues Goodell for defamation

Posted on 5/17/12 at 10:14 pm to
Posted by Ala Tide
Baton Rouge, LA
Member since Nov 2009
3108 posts
Posted on 5/17/12 at 10:14 pm to
quote:

The judge assigned to the case is Ginger Berrigan, who's a grad of LSU law school.


She's from New York..
Posted by Juris Dawg
Jacksonville
Member since Jul 2010
126 posts
Posted on 5/17/12 at 10:44 pm to
quote:

Like I've stated, I'm guessing that this is Vilma's (and the NFLPA's) way of getting all the evidence that the NFL has refused to give them.



This is what it's about.

The allegations seem to be sufficient to overcome any preliminary actions Goodell could take to have it dismissed. Summary Judgement remains possible, but you get discovery before that point and Vilma will be entitled to get the 50,000 whatever pages of "evidence" Goodell relied on in his statements to determine if there was a reckless disregard of the truth or not.
Posted by jacks40
Baton Rouge
Member since Oct 2007
11877 posts
Posted on 5/17/12 at 11:17 pm to
quote:

I don't think you understand what malice means in a legal context.


Malice is defined as desire to inflict harm but in a legal context, Vilma doesn't have to go that far to prove "malice" in a defamation suit.

In a legal context malice means knowledge that it was false or "reckless disregard of whether it was false or not"


Depending on the eivdence the league has, and the actions taken by Goodell weighed against that evidence reckless disregard could be a standard that Vilma may meet.

Unlikely Vilma meets such a standard, but that's not the purpose of this suit anyway
Posted by hashtag
Comfy, AF
Member since Aug 2005
27465 posts
Posted on 5/18/12 at 8:37 am to
quote:

Like I've stated, I'm guessing that this is Vilma's (and the NFLPA's) way of getting all the evidence that the NFL has refused to give them.


If this proceeds and the evidence is provided, is there any chance that Goodell's legal team seeks and is rewarded a gag order against all parties involved from speaking about the evidence or releasing it to the public?
Posted by jacks40
Baton Rouge
Member since Oct 2007
11877 posts
Posted on 5/18/12 at 8:49 am to
quote:

is there any chance that Goodell's legal team seeks and is rewarded a gag order against all parties involved from speaking about the evidence or releasing it to the public?


Yes there is 100% chance they seek such a restriction if it gets that far
Posted by lsu480
Downtown Scottsdale
Member since Oct 2007
92876 posts
Posted on 5/18/12 at 12:26 pm to
quote:

I don't believe this is correct. An employer can suspend or fire an employee for just about any reason, but the employer cannot go public with slander. Had Goodell just suspended Vilma without publicly stating why, then Vilma has no suit, but Goodell made very public statements includeing bringing in a former federal prosecutor to state that Vilma was particpating in a "bounty" system. This is slander.



Not if it is true,
Posted by RollTigers
Member since Dec 2010
3274 posts
Posted on 5/31/12 at 2:34 pm to
What a moron.
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