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Duke Lacrosse Lawsuits to Move Forward, Judge Rules; Discovery ahead !!
Topic Started: Mar 31 2011, 04:21 PM (12,248 Views)
~J~ is in Wonderland
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~J~ is in Wonderland
I can't keep up with all the threads on this. :confus:
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Payback
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~J~ is in Wonderland
Mar 31 2011, 08:16 PM
Where is baldo?

Do I need to call him and rattle his cage? :laughin:
I've been wondering that for 2 hours. Maybe he is basking in the sun--you know it got up to 90 or more out here. There will be a ROAR when he turns on his computer.
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jmoo

abb
Mar 31 2011, 06:40 PM
abb - did you load these? if i send you the carrington opinion can you load & provide a link?
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I'mstillaRebel

what a gloriously happy day!

Duke has spent a fortune in legal fees to avoid discovery--should be interesting watching their next moves.

...the wheels of justice grind slowly--but at last they are grinding!!!!!
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~J~ is in Wonderland
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~J~ is in Wonderland
Payback
Mar 31 2011, 08:28 PM
~J~ is in Wonderland
Mar 31 2011, 08:16 PM
Where is baldo?

Do I need to call him and rattle his cage? :laughin:
I've been wondering that for 2 hours. Maybe he is basking in the sun--you know it got up to 90 or more out here. There will be a ROAR when he turns on his computer.
baldo is on his way!!

we have been waiting for you .....
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Quasimodo

MacFayden:

Quote:
 


In addition, Plaintiffs have alleged that Steel and Dzau participated in the creation of false
reports, and that Steel, Brodhead, Dzau, and Burness engaged in obstruction of justice by
attempting to conceal their participation in the alleged conspiracies to avoid liability in future
lawsuits. In support of this allegation, Plaintiffs point to an e-mail among Duke officials
regarding the need to meet to “get their stories straight,” with additional instructions to destroy
the e-mail immediately. (Second Am. Compl. ¶1198). While not evidence of obstruction in and
of itself, these allegations at least raise a plausible claim that Defendants acted with intent to
obstruct justice, including intent to obstruct Plaintiffs’ ability to obtain a legal remedy. It will
ultimately be Plaintiffs’ burden to establish actual obstruction of justice by these Defendants,
but the Court will allow this claim to go forward at this time.



This is apparently the only count remaining against Steel; but "obstruction of justice" may be enough...
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~J~ is in Wonderland
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~J~ is in Wonderland
http://www.wral.com/news/local/story/9366400/

Judge rules in second federal lawsuit in Duke lacrosse case



The City of Durham issued a statement late Thursday saying it is "gratified" the court has narrowed the issues raised in the cases.

"We believe the court correctly dismissed the punitive damages claims against the city and are pleased and encouraged by that favorable determination," Durham Public Affairs Director Beverly Thompson said. "The city's legal counsel look forward to studying today's decisions in greater detail and remain optimistic that the cases will ultimately be decided in favor of the city and its personnel."

Edited by ~J~ is in Wonderland, Mar 31 2011, 08:54 PM.
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Payback
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Baldo is reading!
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Kerri P.
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~J~ is in Wonderland
Mar 31 2011, 08:52 PM
http://www.wral.com/news/local/story/9366400/

Judge rules in second federal lawsuit in Duke lacrosse case



The City of Durham issued a statement late Thursday saying it is "gratified" the court has narrowed the issues raised in the cases.

"We believe the court correctly dismissed the punitive damages claims against the city and are pleased and encouraged by that favorable determination," Durham Public Affairs Director Beverly Thompson said. "The city's legal counsel look forward to studying today's decisions in greater detail and remain optimistic that the cases will ultimately be decided in favor of the city and its personnel."

from the same article.

snip....

Quote:
 
The judge also allowed obstruction of justice claims to move forward against Duke Health and Duke University, including President Richard Brodhead and members of his staff.


snip......
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chatham
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Quasimodo
Mar 31 2011, 08:52 PM
MacFayden:

Quote:
 


In addition, Plaintiffs have alleged that Steel and Dzau participated in the creation of false
reports, and that Steel, Brodhead, Dzau, and Burness engaged in obstruction of justice by
attempting to conceal their participation in the alleged conspiracies to avoid liability in future
lawsuits. In support of this allegation, Plaintiffs point to an e-mail among Duke officials
regarding the need to meet to “get their stories straight,” with additional instructions to destroy
the e-mail immediately. (Second Am. Compl. ¶1198). While not evidence of obstruction in and
of itself, these allegations at least raise a plausible claim that Defendants acted with intent to
obstruct justice, including intent to obstruct Plaintiffs’ ability to obtain a legal remedy. It will
ultimately be Plaintiffs’ burden to establish actual obstruction of justice by these Defendants,
but the Court will allow this claim to go forward at this time.



This is apparently the only count remaining against Steel; but "obstruction of justice" may be enough...
This could also have implications in the Potti suits depending on the outcome.
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DMom

http://www.newsobserver.com/2011/03/31/1096165/judge-allows-duke-lacrosse-lawsuit.html#storylink=misearch

(hard to find @ News and Observer)

By MIKE BAKER - Associated Press
Tags: NC Duke Lacrosse Lawsuit

RALEIGH, N.C. -- A federal judge is allowing three former Duke lacrosse players falsely accused of rape to pursue a civil lawsuit against the prosecutor and police investigators who handled their case.

U.S. District Judge James Beaty ruled Thursday that the players can pursue claims such as malicious prosecution, concealment of evidence and fabrication of false evidence. He dismissed several other claims.
//snip//

Read more: http://www.newsobserver.com/2011/03/31/1096165/judge-allows-duke-lacrosse-lawsuit.html#storylink=misearch#ixzz1IEWDH0iY
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Baldo
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It is really very early to make a detailed analysis. There is much to read through.

But no doubt

Oh, somewhere in this favored land the sun is shining bright;
The band is playing somewhere, and somewhere hearts are light,
And somewhere men are laughing, and somewhere children shout;
But there is no joy in Durham — The Miscreants have struck out!


Now let's find out what really happen in Depositions

Edited by Baldo, Mar 31 2011, 09:12 PM.
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I'mstillaRebel

something to smile about as you toddle off to bed---

picture Wahaneema on a witness stand..........
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DMom

http://www.charlotteobserver.com/2011/03/31/2187763/judge-allows-duke-lacrosse-lawsuit.html#storylink=misearch
(also, difficult to find article in N&O 'sister paper")
(same AP reporter, not local)

Judge allows Duke lacrosse lawsuit to go forward
By MIKE BAKER
Associated Press
Posted: Thursday, Mar. 31, 2011

RALEIGH, N.C. A federal judge is allowing three former Duke lacrosse players falsely accused of rape to pursue a civil lawsuit against the North Carolina county prosecutor and police investigators who handled their case.

U.S. District Judge James Beaty ruled Thursday that the players can pursue claims such as malicious prosecution, concealment of evidence and fabrication of false evidence. He dismissed several other claims.

An attorney for former District Attorney Mike Nifong and a spokeswoman for the Durham Police Department didn't immediately return calls seeking comment.

Reade Seligmann, Collin Finnerty and Dave Evans were indicted by a Durham County grand jury in 2006 on charges of rape, kidnapping and sexual offense. North Carolina Attorney General Roy Cooper later dropped the charges, declaring the players innocent victims of a "tragic rush to accuse."

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Payback
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I'mstillaRebel
Mar 31 2011, 09:15 PM
something to smile about as you toddle off to bed---

picture Wahaneema on a witness stand..........
with a wheelbarrow to carry all her forthcoming publications
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