Jim Boeheim Lawsuit: Motion To Dismiss, Allred On 'Fishing Expedition'
by Sean Keeley on Feb 9, 2012 6:35 PM EST
in Syracuse Basketball
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PrintCouple updates in the Jim Boeheim defamation lawsuit so let's catch up.
We're all keenly aware of the allegations in Bobby Davis and Mike Lang's latest affidavit, claiming that Bernie Fine's wife Laurie had sex with multiple Syracuse players over the years and demanding personal information for players and university folks to follow up and verify the accusations.
Boeheim's lawyers shot back with a Motion To Dismiss on Wednesday.
Lawyers argue Boeheim's remarks were his opinion and therefore non-actionable, according to court papers. The papers also highlight Boeheim's public apology 10 days after the initial statements.
An additional argument used in the motion is that the "imprecise language" and "sarcastic, hyperbolic" tone of Boeheim's language negate any possibility of a factual assertion. Both the sarcasm within the statement "So, are we supposed to what? Stop the presses 26 years later?" and the hyperbolic nature of the statement "a bunch of a thousand lies he has told" express an opinion, according to court papers.
They also shot down the Laurie Fine allegations as a desperate attempt to generate headlines, noting that even if it were true, consensual sexual relationships have no bearing on this suit.
"Plaintiffs’ application is nothing more than a transparent effort to generate headlines through the gratuitous publication of irrelevant sexually explicit allegations and should be denied," the defense lawyers wrote. "Simply put, whether or not Laurie Fine... had consensual sexual relationships with of-age Syracuse basketball players between 1992 and 1997 is irrelevant to Boeheim’s state of mind in 2011," the lawyers wrote.
A hearing will be held Friday morning at 10 a.m. at State Supreme Court in New York County and we may know a little more about where the next round of legal wranglings will take place and what can and can't be admissible.
Meanwhile, Zach Tomaselli is somewhere suing a dog. Probably.
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I can’t even imagine sex between a player and a coach’s wife.
- Joe P.
by Erie Blvd of Dreams on Feb 9, 2012 6:43 PM EST via mobile reply actions
Seriously.
A basketball player can get whatever college dorm coed he decides he wants. Why would he go with a middle-aged woman?
Poor Mookie
In Lou We Trust: SBN Blog of the New Jersey Devils
by Matthew Ventolo on Feb 10, 2012 2:35 PM EST up reply actions
Dog accused of coming when not called.
Tomaselli given “undesired” bone. K-9’s peers bury evidence. Details at 11.
Laughed myself into tears.
Born in '87, Orange fan since '86
Follow @StealthTurkey
by StealthTurkey on Feb 9, 2012 7:02 PM EST up reply actions
"Suing" a dog, riiiighhhtttt....
Follow @dacj501 For real - I've only got 6 followers!
F#&% the Big East
This is just about over
I think the defense attorneys are correct. What does what allegedly happened from 92-97 have to do with the proper venue for the current suit? Also, I thought at least three of the players named in the affidavit publicly denied the allegations. If you hear of a last second settlement, don’t think that any money changed hands (at least on JB’s part). More likely: an apology and a dismissed/agreed in order to avoid the public embarrassment of having a Motion to Dismiss granted. Since I’m not the judge, we’ll have to see. I just think this issue has just about breathed its last breath. The federal investigation will go on for a long time, but unless they find child porn on Bernie’s computers or storage media, it will die a quiet death too. Tomaselli obviously has no credibility. The federalism aspect of the case is called into question based on Tomaselli first alleging conduct occurred at UConn, and later changing his story to allege it happened at Pitt. The feds are too smart to touch a guy with such obvious credibility issues. Now, let’s get back to discussing the rebounding issue: I think Gottlieb has a good point. Boy does it hurt to type those words. Our guards are leaking out early to start the fast break when they really need to crash the boards and get some of the long bricks and rejections that the SU defense generates. We may not get some fast breaks that way, but we’ll get more possessions that way. In the NCAAs, possession is everything. SU’s inability to maintain possession is what has lead to their elimination from the tournament last year and 2010.
First, I disagree that SU/Boeheim will settle, unless its the Plaintiffs withdrawing the claim with prejudice.
The last thing I would want, from a PR perspective, is a settlement because it leaves open room for doubt. It could go either way on the motion to dismiss, but I would be shocked if this claim survived a motion for summary judgment. There’s probably a 2% chance this gets to a jury. If I’m SU and Boeheim, the cost of litigation pales in comparison to the PR victory that is a full dismissal of the Complaint after a hearing on the merits; you simply can’t buy complete vindication of wrongdoing by a court of law.
As for rebounding, I heard Boeheim today and he said the rebounding was poor, but a bunch of those “rebounds” came on the same possession, where Fab had a block, altered another shot or we didn’t allow them to convert. Lets face it, Sims-Porter-Thompson is a really really good front court; we’re not going to see talent like that until we play Gtown in the BE tourney or we get to the Elite 8. I’m not trying to say rebounding isn’t our weakness (it is); I’m just saying its not like anyone and everyone can exploit it.
Lacks knowledge or information sufficient to form a belief
by Rocket Ship Science on Feb 9, 2012 11:24 PM EST up reply actions
I agree completely
For most people who follow sports, who are idiots, any settlement says Boeheim was guilty. Not of Slander/Defamation, but of knowing about Bernie Fine. They are ignorant about the actual merits of the case, and a settlement would really hurt public opinion.
I find it interesting
That the Bernie Fine thing apparently hasn’t hurt our recruiting of top-notch players. Since Bernie was taken off the recruiting trail a while ago and Hop took over, I guess it makes sense since the recruits probably had little/no contact with Bernie.
With Coleman at #11, Grant in the top 50, and #1 Noel listing SU as one of his choices, SU has done exceptionally well considering all the negative press.
'91 SU alumnus
by AlbanyHDTV on Feb 10, 2012 8:24 AM EST via mobile reply actions
Why do they even have to go to these depths?
Just argue that Boeheim was referring to the statement that “he knew” and that he had walked in on them together once…. which was later retracted.
May Doug Marrone bless you and keep you.
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