Ollie Threatens To Sue UConn For Defamation, Invasion of Privacy

Discussion in 'UConn Basketball' started by KhalidShockedTheWorld, Jun 28, 2018.

  1. KhalidShockedTheWorld

    KhalidShockedTheWorld Well-Known Member
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    http://www.espn.com/mens-college-ba...lie-demands-retraction-uconn-huskies-says-sue

    I know a little bit about defamation and a pubic retraction does have to be demanded as a condition precedent to bringing suit. Because Ollie is a public figure, however, I believe he would have to be held to the standard set forth by US Supreme Court in Hustler v. Falwell and NY Times v. Sullivan- statements have to be shown to be made with "actual malice" or reckless disregard for the truth. It is much harder to prove defamation by a public figure as Jerry Falwell and others have found out.

    More on the public figure doctrine here:

    https://en.wikipedia.org/wiki/Public_figure
     
    1 KhalidShockedTheWorld, Jun 28, 2018
    Last edited: Jun 28, 2018
  2. the Blades

    the Blades Well-Known Member
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    But he loves Uconn......didn't you read the statement he put out( er, um his lawyers wrote) to try and sway the public's opinion of him. This guy has now proven to be a fraud at every turn( just ask all the 4/5 star recruits that left him in droves).... Can this gold diggin', under performing clown who shook down Uconn with a bunch of NBA rumors for money he never earned..... just go away ? No it's not his money !... money is something we have to work for. He should look up all his cliches about hard work instead of trying to "take the escalators".
     
    2 the Blades, Jun 28, 2018
    Last edited: Jun 28, 2018
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  3. KhalidShockedTheWorld

    KhalidShockedTheWorld Well-Known Member
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    What’s an interesting issue here is how would UConn issue a retraction? The allegedly defamatory statement was made by Glenn Miller’s wife. UConn published her statement by responding to a FOIA request by KO’s attorneys, but I don’t get how UConn could perfect a retraction even if they wanted to. It’s not their statement to retract, is it????
     
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  4. KhalidShockedTheWorld

    KhalidShockedTheWorld Well-Known Member
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    Here are articles from the local media which flesh out the position of Ollie's Attorney, Jacques Parenteau:

    https://www.nhregister.com/sports/a...action-from-UConn-threatening-to-13032115.php

    http://www.courant.com/sports/uconn...kevin-ollie-herbst-letter-20180627-story.html

    Essentially Parenteau takes the position that Ollie should have been extended the right to object to the release of the Miller statements and had the right been extended, he would have objected. I have not studied FOIA so I don't know if that is what it says.

    The Amore article details the argument they are making to try and leap the public figure doctrine hurdle. Ollie's attorneys at least know they need to meet and jump over that legal hurdle, which is very substantial. Their claim is that UConn was informed that the statement by the recruit's mother to Yvonne Miller was false. It is not clear to me if the NCAA or UConn actually spoke to the recruit's mother, but they probably should have.
     
  5. KhalidShockedTheWorld

    KhalidShockedTheWorld Well-Known Member
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  6. the Blades

    the Blades Well-Known Member
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  7. KhalidShockedTheWorld

    KhalidShockedTheWorld Well-Known Member
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    The real question is whether the
    two sides will allow their attorneys to execute a fast break on these legal strategies or whether they will reign them in and seek execution of a slow 4 Corners offense.

    The most I ever billed on any legal case in my career was $210,000 on an insurance defense file involving a serious personal injury claim. However that would be chump change compared to what could be billed on a case like this. If clients like this decide to dig in, it’s an attorney’s wet dream. If Ollie told Parenteau to go for it,
    Parenteau will be making some serious coin on this file. He will easily surpass my top billable file in my career.
     
  8. andersonfro

    andersonfro Well-Known Member
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    Lol threatening to sue equates to billable hours. Do these guys have to consult kev every time they spend his money or did he rubber stamp their kids' tuition? I should have been an attorney.
     
  9. KhalidShockedTheWorld

    KhalidShockedTheWorld Well-Known Member
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    The way it usually works is an attorney gets a retainer and goes full out 100% until he or she is told to stop or commence settlement negotiations and reign things in. Usually when you start asking clients for additional retainers because the $10,000 they gave you is exhausted, that’s when they start thinking economics of the case. In Ollie’s case I hope he put Parenteau on some kind of retainer leash because if he didn’t, Parenteau can seriously go to town on this crap.

    My proposed standard agreeement with Ollie would have asked for at least $50,000 and specify that additional $50,000 retainers would be requested once the initial Retainer is tapped out. That’s pretty much what they say- all standard stuff except the amount. For most clients the retainers are $2,000, $5,000, $10,000. Ollie isn’t a typical client and there is a $10 million war chest out there as we all know.
     
    9 KhalidShockedTheWorld, Jun 30, 2018
    Last edited: Jul 1, 2018
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