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Will Duke buy another confidentiality agreement?
Topic Started: Apr 1 2011, 02:42 PM (3,972 Views)
cks
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Walt-in-Durham
Apr 1 2011, 04:36 PM
cks
Apr 1 2011, 04:22 PM
Can't see Linwood giving up any opportunity to display his legal skills for all and assundry.
Hey, Linwood has done just as well as all the other defense counsel combined and he hasn't paid a cent.

Walt-in-Durham
Walt-in-Durham:

So true, so true!
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cks
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cks
Apr 1 2011, 04:37 PM
Walt-in-Durham
Apr 1 2011, 04:36 PM
cks
Apr 1 2011, 04:22 PM
Can't see Linwood giving up any opportunity to display his legal skills for all and assundry.
Hey, Linwood has done just as well as all the other defense counsel combined and he hasn't paid a cent.

Walt-in-Durham
Walt-in-Durham:

So true, so true!
Just a thought......maybe Linwood is not quite as dumb as he appears to be......unlike Mikey and the others, he won't have trouble finding the dennaro to pay the looming legal bills.
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kbp

MikeGaynor
Apr 1 2011, 04:09 PM
Not necesssarily. Not all parties have to settle.
It seems like the "confidentially" would be IMPOSSIBLE to keep if any defendants, besides those under the "Duke" list, have any reason to seek what might be confidential. I'd even anticipate the "Durham" list seeking discovery from the "Duke" list.

Sounds like a very complicated task to have confidentially if any lawsuits go forward.
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cks
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Now, here is an interesting question....who do you think will first decide to rat out the others?
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chatham
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I am sure the defendants will make many attempts to settle these issues in a confidential manner. But, regardless, we still have to leave that decision to all the falsely accused. I would personally expect as quasi posted above that any confidiential settlement does not solve the desire for the truth to get out. That truth has to be presented to the plaintiffs AS WELL AS the entire public who were misled to believe (and some to this very day still believe) that the Duke LAX team did something wrong. IMO the only reason the defendants would want to delay this any longer is to up the cost to the plaintiffs. Make it as expensive as possible. But if the defendants lose, dont they pay?

I would also be a little bit nervous about what additional information Eskstrand has waiting in the dark alley. How did he get info about an e-mail that was suppose to b e deleted after reading it?

The vise is closing and its gonna hurt.
Edited by chatham, Apr 1 2011, 04:51 PM.
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Walt-in-Durham

cks
Apr 1 2011, 04:49 PM
Now, here is an interesting question....who do you think will first decide to rat out the others?
Everybody seems to be looking to blame Nifong. I think if any of them have any additional dirt on our disgraced ex-DA, they'll gladly share it to lessen their exposure. Nifong's book deal is looking weak at best. Bet Vince is cursing ever getting involved with Crystal.

Walt-in-Durham
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Walt-in-Durham

cks
Apr 1 2011, 04:43 PM
Just a thought......maybe Linwood is not quite as dumb as he appears to be......unlike Mikey and the others, he won't have trouble finding the dennaro to pay the looming legal bills.
A source deep inside the 6th floor of the courthouse told me that Linwood is getting legal research help from the corner office.

Walt-in-Durham
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cks
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I would agree that Nifong will be the one to blame......I look for Levicy to cave first. In mnay ways she at this point has the most to lose (financially) and she will not have any deep pockets to foot her bills. Nifong is penniless and it would not surprise me if Cy has not made sure that anything she has cannot be attached. My guess is that Duke will foot the bill for its employees. Himan and Gottleib are not as financilly vulnerable as Crystal's faborite SANE in training. Levicy is young with a life ahead of her...therefore, she is my candidate to fold.
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jarms

cks
Apr 1 2011, 04:27 PM
Just checked the justice 4nifong site - nothing at all posted about the Beatty's rulings. Guess they are too busy working on the super dooper graphics - looks like something designed by a junior high student (actually, that is probably an insult to your average junior high student).
I've been wondering how Sidney Harr will react. Last year around this time he was coming under a lot of heat from a number of posters for his "unique" DNA theories. When finally confronted with CGM's "I spit his semen on the floor" story, he got real...real..quiet.

I expect more of the same, now.
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Baldo
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I have always thought one of the potentially damaging depositions against the DPD would be Addison's account of what happened before & after his public condemnation of the Lacrosse Team on TV and in the Press.

His press release acting a CrimeStoppers I/C & as a spokesman for the DPD was so over the top. His remarks stated as a fact inflamed the community.

He sent out this Police Statement to over 2,000 members on various list-servers(official PAC DPD) & in particularly to 40 members of the media.

On Monday, March 13, 2006 about 11:00pm, the Duke University Lacrosse Team solicited a local escort service for entertainment. The victim was paid to dance at the residence located at 610 Buchanan. The Duke Lacrosse Team was hosting a party at the residence. The victim was sodomized, raped, assaulted and robbed. This horrific crime sent shock waves throughout our community.

Durham CrimeStoppers needs your assistance in solving this case. Although, we have received many calls expressing concerns and anger about this incident, we have not received any calls which will allow us to assist in resolving this case.

We are asking anyone who has any information which will allow the Durham Police Department to make an arrest in this case, please contact Durham CrimeStoppers at 683-1200.


That was first sent 3/28/2006. BTW that was after Nifong told Gottlieb & Himan in their briefing, "We're F*cked!"

Then Cpl Addison was quite busy. The Now Lt. Addison will have to answer to questioning.
Edited by Baldo, Apr 1 2011, 06:38 PM.
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kbp

Baldo
Apr 1 2011, 05:23 PM
I have always thought one of the potentially damaging depositions against the DPD would be Addison's account of what happened before & after his public condemnation of the Lacrosse Team on TV and in the Press.

His press release acting a CrimeStoppers I/C & as a spokesman for the DPD was so over the top. His remarks stated as a fact inflamed the community.

He sent out this Police Statement to over 2,000 members on various list-servers(official PAC DPD) & in particularly to 40 members of the media.

On Monday, March 13, 2006 about 11:00pm, the Duke University Lacrosse Team solicited a local escort service for entertainment. The victim was paid to dance at the residence located at 610 Buchanan. The Duke Lacrosse Team was hosting a party at the residence. The victim was sodomized, raped, assaulted and robbed. This horrific crime sent shock waves throughout our community.

Durham CrimeStoppers needs your assistance in solving this case. Although, we have received many calls expressing concerns and anger about this incident, we have not received any calls which will allow us to assist in resolving this case.

We are asking anyone who has any information which will allow the Durham Police Department to make an arrest in this case, please contact Durham CrimeStoppers at 683-1200.


That was first sent 3/28/2006. BTW that was after Nifong told Gottlieb & Himan in their briefing, "We're F*cked!"

Then Cpl Addison was quite busy. The Now Lt. Addison will have to answer to questioning.
"We are asking anyone who has any information which will allow the Durham Police Department to make an arrest in this case, please contact Durham CrimeStoppers at 683-1200."



Somebody should call and ask for him, explain they think it's possible we might have the "assistance in solving this case" needed real soon!
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chatham
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It wasnt just Addison doing the writing. Durham crime stoppers had both Duramistas and Dukies on that committee. A lot of folks who were there know a lot of stuff.
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MikeKell
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Still a Newbie
PURE SPECULATION FROM A PARENT: Duke has a new strategy according to one of the lacrosse parents I spoke with at the Brown game (before the decision announced): If discovery is allowed, Duke simply fails to cooperate on discovery (we're sorry, all those e-mails have been lost) and hope the judge continues to go along and not grant judgement to plaintiffs as a sanction. . . they predict a long long time before the first anything is handed over.
Edited by MikeKell, Apr 1 2011, 08:42 PM.
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nyesq83
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MikeKell
Apr 1 2011, 08:41 PM
PURE SPECULATION FROM A PARENT: Duke has a new strategy according to one of the lacrosse parents I spoke with at the Brown game (before the decision announced): If discovery is allowed, Duke simply fails to cooperate on discovery (we're sorry, all those e-mails have been lost) and hope the judge continues to go along and not grant judgement to plaintiffs as a sanction. . . they predict a long long time before the first anything is handed over.
A distinct possibility. What are the record retention requirements for a private business like Duke? Servers get replaced, hard drives upgraded, emails deleted (was there an internal order preserving documents?).

Most companies do indeed have preservation orders regarding pending litigation, but that is when discovery begins, right?
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Quasimodo

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Most companies do indeed have preservation orders regarding pending litigation, but that is when discovery begins, right?


No, the duty to preserve records begins when there is a reasonable expectation that there will be litigation.

In the case of Durham, this was April 11, 2007, or before.

Ditto for Duke.

Durham has said it may not have preserved emails prior to August 2007 (IOW, for the entire period of the case). For this
it should be sanctioned; but I have little faith that it will be.


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