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re: Football Player Poisons Classmate at STM (Lafayette)

Posted on 10/6/20 at 7:02 pm to
Posted by KemoSabe65
70605
Member since Mar 2018
6298 posts
Posted on 10/6/20 at 7:02 pm to
Esquire, the harshness of your reply tends to make one believe you might be on shaky legal ground. Admitting a known trouble maker back into a civil institution would construe those that did accepting liability for his actions.

Yours,
KemoSabe
Posted by boosiebadazz
Member since Feb 2008
84411 posts
Posted on 10/6/20 at 7:06 pm to
quote:

So Moose has the criminal case. Who is representing the injured kid in the civil claim?


Apparently KemoSabe does
Posted by boosiebadazz
Member since Feb 2008
84411 posts
Posted on 10/6/20 at 7:06 pm to
Good luck at summary judgment
Posted by KemoSabe65
70605
Member since Mar 2018
6298 posts
Posted on 10/6/20 at 7:13 pm to
Esquire, do you really think a civil jury isn’t going to azz rape the diocese on this?
J. Minos will be second chair
Posted by jimbeam
University of LSU
Member since Oct 2011
75703 posts
Posted on 10/6/20 at 7:15 pm to
Posted by boosiebadazz
Member since Feb 2008
84411 posts
Posted on 10/6/20 at 7:18 pm to
It won’t get to a jury. It may not even get into discovery
Posted by Ric Flair
Charlotte
Member since Oct 2005
13868 posts
Posted on 10/6/20 at 7:22 pm to
Because of the law, or because an STM alumni is a lawyer and will protect his “school” with a loose interpretation of the law?
Posted by Indefatigable
Member since Jan 2019
35677 posts
Posted on 10/6/20 at 7:24 pm to
quote:

Because of the law, or because an STM alumni is a lawyer and will protect his “school” with a loose interpretation of the law?


Option C: it will be cheaper in both money and publicity for everyone involved so they’ll settle.
This post was edited on 10/6/20 at 7:25 pm
Posted by Ric Flair
Charlotte
Member since Oct 2005
13868 posts
Posted on 10/6/20 at 7:27 pm to
Question. If they settle for one million, does that come from the school endowment or is there a slush fund for general catholic settlements that they can draw from?
Posted by boosiebadazz
Member since Feb 2008
84411 posts
Posted on 10/6/20 at 7:27 pm to
I posted what the Louisiana Supreme Court said about when and how a school board can be held liable for the criminal conduct of students.

Give me your best argument for constructive notice of this particular act by the kid.
Posted by KemoSabe65
70605
Member since Mar 2018
6298 posts
Posted on 10/6/20 at 7:29 pm to
The diocese wouldn’t stand a chance in hell in a civil suit. Gilbert Gauthier would be front and center. Too bad pretentiousness isn’t criminal or the entire diocese and membership would be guilty as charged.
Posted by Indefatigable
Member since Jan 2019
35677 posts
Posted on 10/6/20 at 7:30 pm to
quote:

If they settle for one million, does that come from the school endowment or is there a slush fund for general catholic settlements that they can draw from?



I’m not well versed on the case, but if it’s the diocese doing the settling, my money is on the latter. This is the Catholic Church we are talking about. They’re one of the wealthiest entities on earth with an unmatched history of making things go away with money
This post was edited on 10/6/20 at 7:31 pm
Posted by Indefatigable
Member since Jan 2019
35677 posts
Posted on 10/6/20 at 7:31 pm to
quote:

The diocese wouldn’t stand a chance in hell in a civil suit.


This case will not go to a verdict, and no one involved is shooting for that.
Posted by Ric Flair
Charlotte
Member since Oct 2005
13868 posts
Posted on 10/6/20 at 7:34 pm to
That was a public school board case. Is that sufficient for precedence in a private school case? One could argue that a private school or diocese is subject to a higher standard than public school (I’m not trying to talk shite/not a lawyer/but that would be my argument)
Posted by KemoSabe65
70605
Member since Mar 2018
6298 posts
Posted on 10/6/20 at 7:39 pm to
Esquire, have you heard of jury nullification?
The diocese is scared shitless of what the general public thinks about their church.
Agree that there would be zero chance of this getting to a jury trial because the diocese would lose. Always easier to get ND’s on all involved and pay the piso.
Posted by TBoy
Kalamazoo
Member since Dec 2007
27434 posts
Posted on 10/7/20 at 12:29 pm to
quote:

Give me your best argument for constructive notice of this particular act by the kid.

1. You have the school allowing a known disciplinary violator to stay enrolled.
2. You have a dangerous chemical which is probably labeled as poison with the warning of keep away from children.
3. The chemical was apparently stored somewhere where the children could access it.
4. You have kids doing what kids do.

The sum total is a viable theory of failure to protect and supervise children by Diocese employees in loco parentis. It’s good enough to get to a jury.
Posted by wahoocs
Lafayette, LA
Member since Nov 2004
24491 posts
Posted on 10/7/20 at 12:48 pm to
No legal knowledge here, but I'd listen to the ND fan on this.

Comes from a private, Catholic institution that puts film guys in high towers with forecasted 60+ mph winds
Posted by Bert Macklin FBI
Quantico
Member since May 2013
11758 posts
Posted on 10/7/20 at 3:13 pm to
quote:

The 2nd victim with the burnt arse just made an interception in the jv game.


I guess you could say it lit a fire under his arse.
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