Wait, I thought this whole Jim Boeheim lawsuit thing was over.
In the legal world is anything ever over? Bobby Davis and Mike Lang's defamation case against Jim Boeheim was thrown out by the State Supreme Court and then also by the appellete division of the State Supreme Court. They've now taken their appeal to the New York Court of Appeals, the state's highest court (which, you would think, the State Supreme Court would be, but, you'd be wrong).
So what is the latest court thingy about?
Davis & Lang are appealing the lower court decisions to throw out the defamation case and Tuesday was the first day for oral arguments by both lawyers. Chief Judge Jonathan Lippman and
four six other judges listened to arguments from both sides.
Is Lippman a big basketball fan?
He pronounced his name as "Jim Bah-heim," so, probably not.
Considering Boeheim's lawyers have had the case thrown out twice before, he's in the clear this time as well, right?
Not necessarily. Boeheim's side won the appellate case 3-2, which means two judges thought the case was worth trying. Their argument at the time was that Boeheim's initial comments about Davis & Lang were "mixed opinion," which implies he may have had some kind of insider knowledge that would blur his judgement in speaking about them. The whole thing hinges on whether or not Boeheim was simply defending a friend he trusted and thought was innocent or if he was trying to slander Bernie Fine's accusers as a way to make them seem shady.
Are Boeheim's lawyers arguing that Boeheim is gonna Boeheim?
Several judges asked about Boeheim’s decision to issue a statement and give four separate interviews. A few also questioned why his comments were very specific, including that one of the stepbrothers only traveled when they babysat Fine’s children.
Boeheim has a reputation for "bluntness," Cantwell said.
Remind me, what did Boeheim say that got him in all this trouble?
"The Penn State came out and the kid behind this is trying to get money. If he gets this, he's going to sue the university and Bernie. What do you think is going to happen at Penn State? You know how much money is going to be involved in civil suits? I'd say about $50 million. That's what this is about, money."
What are Davis & Lang doing right now?
Suing Boeheim and SU for money. Annnnnnyway....
What happens next?
The five-judge panel decides whether or not to throw out the suit. If they decide to hear it out, Davis & Lang will get their day in court. If they throw it out, it sounds like they're officially out of options (but I'm no lawyer so I'm not 100% sure on that).
Have you reminded us yet that following the first court dismissal, Mike Lang said he was "kind of glad Boeheim won that case."
No! Almost forgot. Thanks for reminding me. Cause he totally said that.