Latest rumors on the Kimchee's and such

[RC3]

something else everyone is missing - BPJ in Memphis was more than likely brought in to handle this. John Houseal is an Arky attorney listed as of counsel, which means to me that the family went to him and he brought it to BPJ to handle because they have some MS lawyers in the firm.

i noticed that too and couldnt come up with any other reason that he wouldve been included as 'of counsel.'

[Pollodawg]

If there is no proverbial "smoking gun" the whole thing will hinge on who can make their witnesses look most credible to the 12 folks in a jury box.

[NewTweederEndzoneDance]

This not uncommon. Several smaller time lawyers will hire bigger firms for a negotiated piece of the pie. Still, BPJ didn't have to sign on.

It's not uncommon at all, but Houseal's firm is probably footing a lot of the bills, and maybe even doing a lot of the legwork themselves. And the family going to a lawyer in Arkansas tells me there is a connection between them. Otherwise why go get an Arkansas attorney for something that happened in Mississippi?

Combine this with the KAs being very carefully crafted out of the Complaint (in other words they very carefully excluded the deep pockets portion of this entire action), and we have ourselves a very personal feud going down here.

[spiritual_machine2005]

So much hearsay and rumors being relayed as facts. This is getting foggy. I wish someone could start a thread on what is actually known as fact.

[Pollodawg]

It's not uncommon at all, but Houseal's firm is probably footing a lot of the bills, and maybe even doing a lot of the legwork themselves. And the family going to a lawyer in Arkansas tells me there is a connection between them. Otherwise why go get an Arkansas attorney for something that happened in Mississippi?

Combine this with the KAs being very carefully crafted out of the Complaint (in other words they very carefully excluded the deep pockets portion of this entire action), and we have ourselves a very personal feud going down here.

More than likely true. I don't think OM wants the issue probed during the discovery process and likely neither do the plaintiffs. At any rate, personal or not, if RN and DN did it, there still should be some suite over it. You can't rough someone up that badly and expect nothing to come from it.

[mic]

So much hearsay and rumors being relayed as facts. This is getting foggy. I wish someone could start a thread on what is actually known as fact.

FACT: There is trouble in Oxford..

[Johnson85]

KAs could be left out because many of their members are possibly key witnesses and the Plaintiff needs them to be honest and forthcoming about the events that transpired that night. They would probably be less likely to do so if they were defendants as well. I found it strange in the complaint that the pleadings were almost commending the KAs on trying to calm the situation and clear the house out

Then where is the money coming from. Remember, if the attorneys are working on a contingency fee, the goal is to get paid, not just win the case. So by leaving the KA's out, the only clear way they could get paid would be to get a judgment and then collect off of any professional contract signed by RK. Not a terrible bet and if they go to trial, he would likely be in the NFL (or at least eligible to be drafted) before they got a final verdict. But they're still going to have to front some money for expert witnesses and discovery. I don't know that the lawfirm's appetite for risk is, but relying on winning the case and then RK going pro and making enough money to payoff a six or seven figure settlement doesn't seem like a great risk when you could throw in the KA's and at least have a hope of small settlement from them to cover some expenses.

[Jack Lambert]

I certainly think the Kimchee's are more of an issue simply because of all the legalities that have arisen already. No doubt about it

Freezus is not the only one worrying about their job right now

They have at lest one more year with one and two more years with the other. Good luck with that!

[Pollodawg]

Then where is the money coming from. Remember, if the attorneys are working on a contingency fee, the goal is to get paid, not just win the case. So by leaving the KA's out, the only clear way they could get paid would be to get a judgment and then collect off of any professional contract signed by RK. Not a terrible bet and if they go to trial, he would likely be in the NFL (or at least eligible to be drafted) before they got a final verdict. But they're still going to have to front some money for expert witnesses and discovery. I don't know that the lawfirm's appetite for risk is, but relying on winning the case and then RK going pro and making enough money to payoff a six or seven figure settlement doesn't seem like a great risk when you could throw in the KA's and at least have a hope of small settlement from them to cover some expenses.

Not a safe bet at all. File chapter 7 bankruptcy and all garnishment payments will cease.

[RC3]

Then where is the money coming from. Remember, if the attorneys are working on a contingency fee, the goal is to get paid, not just win the case. So by leaving the KA's out, the only clear way they could get paid would be to get a judgment and then collect off of any professional contract signed by RK. Not a terrible bet and if they go to trial, he would likely be in the NFL (or at least eligible to be drafted) before they got a final verdict. But they're still going to have to front some money for expert witnesses and discovery. I don't know that the lawfirm's appetite for risk is, but relying on winning the case and then RK going pro and making enough money to payoff a six or seven figure settlement doesn't seem like a great risk when you could throw in the KA's and at least have a hope of small settlement from them to cover some expenses.

those are fair points as well. from what i just heard (from a bear homer nonetheless) this lawsuit has a ton of teeth and K brahs are the ones who clearly acted out of line. Maybe they honestly believe that the fraternity has zero liability this time. still strange not to name them though

[Jack Lambert]

If this was being paid for by the plaintiff's attorney, then somebody with deeper pockets than the NKembidasess would have been sued. Either the plaintiffs are footing the bill up front or there has already been a deal made to keep the KA's out of it. I just don't think a reputable plaintiffs firm is going to rely solely on the ability to recover from the Nkemiabisos; if it was the attorneys' money at risk, they'd sue the property owners also in order to bring the potential for insurance coverage into it. Maybe they'd do it just for the publicity, but it doesn't seem like that would justify actually going to trial.

If the KA house is on campus wouldn't property be owned by the school? Just curious.

[War Machine Dawg]

So much hearsay and rumors being relayed as facts. This is getting foggy. I wish someone could start a thread on what is actually known as fact.

Bear alert.

[Jack Lambert]

Not a safe bet at all. File chapter 7 bankruptcy and all garnishment payments will cease.

That's not completely true. The court will decide what is discharged and what is not. Also if they find any evidence of abuse of the chapter 7 case it could be tossed out as well.

There is also a means test you have to pass in order to file chapter 7.

Bassically if you have the resources you have to pay your debt.

But I would think the plaintiff lawyers are smart enough to drag this out until one or both are in the NFL and this will take care of the means test. I would be surprise if either one plays four seasons at Ole Miss with the new Rookie contracts in the NFL.

[spiritual_machine2005]

Bear alert.

I'm not a Bear. Ill do my best internet defense if possible to prove it! Seriously, I just read a lot of stuff by a lot of different posters on here and other boards and just wondered what all was actually fact and what was rumors. I am not a lawyer or have lawyer friends, so I don't know anything about this stuff. I agree...one fact is they are in TROUBLE.

[SignalToNoise]

If the KA house is on campus wouldn't property be owned by the school? Just curious.

At State and ole miss I am pretty sure the national organizations own their respective houses.

[bannedwayne]

I doubt DK gets drafted at all, particularly after his Junior year.

He might not play 4 seasons, but it will be because of off-the-field issues, not pro-level talent.

Dude is good, but he's small.

[RossDawg82]

So could there be other lawsuits that follow if it is proven that some people tried to cover this up? If Freeze gets on the stand and then they prove he lies on the stand would that help a future lawsuit?

There maybe other lawsuits to be filed but the firm is waiting to see how this is handled. Is that probable?

If HF lies on the stand he will be immediately arrested and subsequently fired soon after. He will not lie for those two guys on the stand. Maybe to UPD but not a high profile attorney

[Jack Lambert]

I doubt DK gets drafted at all, particularly after his Junior year.

He might not play 4 seasons, but it will be because of off-the-field issues, not pro-level talent.

Dude is good, but he's small.

Nothing surprises me any more when it comes to the draft. The guy has been a all american one year and all SEC two years. They will consider him if his Jr year is a good one. He doesn't have to play LB either.

[Johnson85]

That's not completely true. The court will decide what is discharged and what is not. Also if they find any evidence of abuse of the chapter 7 case it could be tossed out as well.

There is also a means test you have to pass in order to file chapter 7.

Bassically if you have the resources you have to pay your debt.

But I would think the plaintiff lawyers are smart enough to drag this out until one or both are in the NFL and this will take care of the means test. I would be surprise if either one plays four seasons at Ole Miss with the new Rookie contracts in the NFL.

Can you discharge judgments from an intentional tort in bankruptcy? I was thinking it was non-dischargeable.

[Jack Lambert]

Can you discharge judgments from an intentional tort in bankruptcy? I was thinking it was non-dischargeable.

To be honest I am not a lawyer but I helped my younger brother through one last year and learned a lot about chapter 7 and 13. But to answer I (think) the judgment can be discharge in Mississippi but again it the desicions of the bankruptcy court and if they see any signs of abuse they can toss the chapter 7 or not discharge it.

One thing I did learn was anyone can file chapter 13 and you can file chapter 13 as many times as you want. Chapter 7 is good because your debt goes away as soon as the discharge where in the chapter 13 it stays around for 3 to 5 years while you make payments to the court and then what is left is discharged.

Just checked I think settlements arriving from injuries from car accidents if the driver is DUI cannot be discharged but all others can. Still could be wrong.