Latest rumors on the Kimchee's and such

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Originally Posted by BeardoMSU

To me, that just adds more smoke to the situation, and gives a little more credence to the plaintiff's case.

Seriously, who of these KA's would willingly rat on 2 football players, especially those of "rock star" caliber as the Kem-Che brothers? That just wouldn't happen.

It's also worth noting that the so-called "investigation" was literally the campus police merely asking members of the KA house "what happened" and if they "saw who threw the punches". All they had to reply with was "no, sir, we didn't see anything". At that point, there really isn't an incentive for telling the truth, and there are no consequences for keeping your mouth shut. And as far as I've read, the victims were not interviewed by the police. How does that happen?

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No insight into this particular investigation, but I've seen cops "investigate" fights before when I worked as a bartender.

Typically they would show up after the people who punched somebody up had left, ask some questions to the friends of the victim, and then come ask us if we had seen anything. About the only thing we would be able to offer is something like "he was wearing a black shirt and jeans and was with a couple of other people." I never got the impression that cops actually actively looked for the guys.

But this was at a bar in Jackson, and JPD probably isn't the best indicator of policing standards.

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Originally Posted by bannedwayne

No insight into this particular investigation, but I've seen cops "investigate" fights before when I worked as a bartender.

Typically they would show up after the people who punched somebody up had left, ask some questions to the friends of the victim, and then come ask us if we had seen anything. About the only thing we would be able to offer is something like "he was wearing a black shirt and jeans and was with a couple of other people." I never got the impression that cops actually actively looked for the guys.

But this was at a bar in Jackson, and JPD probably isn't the best indicator of policing standards.

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Neither are Campus police.

Yeah, thats what I'm saying. If it was the Kemberly Brothers, when the cops showed up, what OM fan KA member would say "yes, officer, it was our starting middle line backer and his brother, the #1 recruit in the nation". I just don't see it; nor do I really find this as an OM "thing", as I'm sure it would happen here or anywhere else as well.

If the cops did in fact interview the victim or his friends, and at the time they said they couldn't ID the aggressor, then the "investigation" would seem legit. But, if they were not interviewed at all, how could you say the investigation has been cleared up when the only people interviewed have a vested interest in making sure the people responsible for the victims injuries are not held responsible for it. That is what doesn't make sense.

To the dude that said the plaintiff is probably paying for the hour, normally that's the defensive side of a civil suit. Most lawyers bringing a case don't get paid until the smoke clears, and they're victorious. If they lose, it's out of pocket for them.

And stop letting the time frame get in the way. It can take years to gather evidence and line up expert witnesses and whatnot, all paid for the by the plaintiff's attorney.

This is a milt-million dollar civil suite. Believe me when I say the plaintiff's team will have their ducks in a row on this. They will likely be out hundreds of thousands of dollars if they do not.

The biggest thing that sticks out is that if the Kimchees and other had nothing to do with it then why did the Coaches and Athletic Admin do their own 'Investigation'?

Someone beat the crap out of this guy. That is indisputable. If this is a case of 'mis-identification' then just who is the culprit(s)? Was a bunch of KA's? Was it Coach34 and the ED Crew? This will boil down to who can come up with a witness, plain and simple. Seems pretty obvious that the Kimchees and Pals beat this kid down but so far everyone has closed ranks. Just how tight does the circle stay when high dollar law suits are pointed at their direction.

Had someone tell me a few mins ago the Plaintiff's attorneys are very confident with what they have

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Originally Posted by Coach34

Had someone tell me a few mins ago the Plaintiff's attorneys are very confident with what they have

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Big time firms don't take shit cases. I know enough of them to know this....

Lot of uncomfortable shit for OM will come out in this.....You can almost bank on it.

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Originally Posted by EAVdog

The biggest thing that sticks out is that if the Kimchees and other had nothing to do with it then why did the Coaches and Athletic Admin do their own 'Investigation'?

Someone beat the crap out of this guy. That is indisputable. If this is a case of 'mis-identification' then just who is the culprit(s)? Was a bunch of KA's? Was it Coach34 and the ED Crew? This will boil down to who can come up with a witness, plain and simple. Seems pretty obvious that the Kimchees and Pals beat this kid down but so far everyone has closed ranks. Just how tight does the circle stay when high dollar law suits are pointed at their direction.

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This is the biggest thing for me as well, but to take it a step further, the internal investigation purportedly happened soon after the assault (at least I believe I read that somewhere). If that is the case then someone identified the defendant(s) not too long after the assault otherwise how could an internal investigation be conducted unless the coaches/administration knew that their athletes were somehow involved.

I guess the fact that some of their names are supposedly on the police report could be the reason, but I still think that it is a bit weird. Regardless it should be entertaining going forward.

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?

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Originally Posted by Coach34

Had someone tell me a few mins ago the Plaintiff's attorneys are very confident with what they have

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Like I said, all they need to get this to trial is he-said, she-said evidence. If they have 3 witnesses that state as absolute fact that the brothers beat this kid just as stated in the Complaint, the case will go to trial unless it's settled. You don't get a civil matter tossed unless there are no genuine issues of material fact in dispute - i.e. the Dichee attorneys would have to prove that there is no evidence linking them to the claims. So, of course they are confident. All they want is a trial where they can show any evidence they uncover discrediting the brothers. And as to that, one of the brothers just spent the night in jail - how nice.

The Plaintiff's attorneys also now get to conduct discovery, and they know that there is no telling what they will discover. Both sides are about to go on major fishing expeditions.

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Originally Posted by Pollodawg

And stop letting the time frame get in the way. It can take years to gather evidence and line up expert witnesses and whatnot, all paid for the by the plaintiff's attorney.

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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.

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Originally Posted by NewTweederEndzoneDance

Like I said, all they need to get this to trial is he-said, she-said evidence. If they have 3 witnesses that state as absolute fact that the brothers beat this kid just as stated in the Complaint, the case will go to trial unless it's settled. You don't get a civil matter tossed unless there are no genuine issues of material fact in dispute - i.e. the Dichee attorneys would have to prove that there is no evidence linking them to the claims. So, of course they are confident. All they want is a trial where they can show any evidence they uncover discrediting the brothers. And as to that, one of the brothers just spent the night in jail - how nice.

The Plaintiff's attorneys also now get to conduct discovery, and they know that there is no telling what they will discover. Both sides are about to go on major fishing expeditions.

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This man speaks the truth.....

Exactly. A reputable firm like Burch, Portis, and Johnson has to have a few smoking guns. They wouldn't have taken the case if they didn't have some concrete evidence. This isn't an ambulance chasing dog bite phone book 'have you been injured' attorney we are talking about . I think the plaintiffs firm has done some homework before this went public and is ready to pounce . Good luck Kimdashians

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Originally Posted by HailState39110

Exactly. A reputable firm like Burch, Portis, and Johnson has to have a few smoking guns. They wouldn't have taken the case if they didn't have some concrete evidence. This isn't an ambulance chasing dog bite phone book 'have you been injured' attorney we are talking about . I think the plaintiffs firm has done some homework before this went public and is ready to pounce . Good luck Kimdashians

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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.

And you can best that Dichee's team will push for mediation almost immediately if there is a smoking gun here.

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.

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

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Originally Posted by NewTweederEndzoneDance

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.

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

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.

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Originally Posted by Pollodawg

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.

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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.

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.

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Originally Posted by NewTweederEndzoneDance

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.

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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.

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Originally Posted by 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.

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FACT: There is trouble in Oxford..

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Originally Posted by RC3

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

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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.

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Originally Posted by Coach34

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

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

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Originally Posted by Johnson85

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.

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

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Originally Posted by Johnson85

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.

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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

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Originally Posted by Johnson85

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.

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

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Originally Posted by 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.

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Bear alert.

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Originally Posted by Pollodawg

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

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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.

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Originally Posted by War Machine Dawg

Bear alert.

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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.

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Originally Posted by Jack Lambert

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

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

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.

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Originally Posted by Tbonewannabe

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?

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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

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Originally Posted by 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.

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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.

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Originally Posted by Jack Lambert

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.

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

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Originally Posted by Johnson85

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

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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.