Cottrell case thrown out

[Tigermike 3,121]

I just heard on the Finebaum show that the Cottrell case has been thrown out!

I do not have a link, but it should be available soon.

[quietfan 233]

Didn't throw out the whole case, just most of it:

http://www.tidesports.com/apps/pbcs.dll/ar...S/50707003/1011

Claims of libel and slander against recruiting analyst Tom Culpepper remain, as do Williams’ defamation and invasion of privacy claims against the NCAA.

All other claims against the NCAA, including those against former infractions committee chairman Thomas Yeager and investigator Richard Johanningmeier were dismissed

[AUesquire 1]

I assume this was a Summary Judgment hearing. If so, the question for the judge to decide after looking at the evidence on each issue is, "Is there any genuine issue of material fact for a jury to decide" Paraphrasing. That means that on the whole conspiracy theory allegation, despite all the so called evidence, the judge said "There's nothing here for a jury to decide". Most of the time it means, you got nothing.

They'll probably settle up on the remaining counts.

[WarTim 3,457]

Thanks to Esquire for sheading some "judicial" light on this mess.

Just one question (Well, ...several): How can this happen? Did the judge not clearly see that Fulmer and the NCAA were interfering with uat's ability to CHEAT? How can the most beloved football factory, of all time, not be allowed to purchase players? How can they not bend the rules to fit there needs? How can they be expected to play by the rules that govern the rest of the SEC?

Oh well, I guess this will go down in uat "history" as "Black Thursday".

[Bama Bo 0]

From what I understand, the judge threw out the Cottrell vs. NCAA part because he considered him a "Public Figure". I may be wrong, but that's what I gathered.

[BamaBrad 0]

sorry to burst your bubble but it isn't black thursday for most of us....glad it's over

[JxnTider 0]

me too... how much longer can we drag this out? Get the crap over with; settle it however it needs to be settled, but just get it over with. As long as we have this hanging over us, our public opinion remains low. We'll prove all we need to prove on the field starting in September.

[auskull 239]

Where's the beef!! I've been waiting over a year for the vendication, hell fire and fury that was going to be beseiged on the NCAA. A few UAT fans are intelligent enough to have figured it out already and not have been led like lambs to the slaughter. Figure out why UAT is fighting to have this case dismissed! There's more complicity to come if this case is allowed to proceed. The pattern of noncompliance has a long history. What IF the NCAA was correct and Fulmer WAS telling the truth. Kill the messenger?

[LegalEagle 22]

Apparently, this is a reprint of the ruling on the motion for summary judgment:

http://www.al.com/alabamafootball/huntsvil...6421.xml&coll=1

Looks like a bunch of legal mumbo jumbo to me. What does it all mean AUEsq?

I thought all Bammers were "libel proof" due to their general low character. Aren't I right AUEsq? *grin* The only way you can damage a Bammer is with an iron skillet! *grin* [Ooooo, I hope I didn't hurt their feelings! (too much)] *grin*

[AUesquire 1]

I honestly think most level headed Bama fans, like Bo and Brad, wanted just what they stated...for this thing to be over. I'm so ready to kick it off in a few weeks and stop hearing about Tommy Gallon Head. It's time to break down the running backs and offensive lines and coaching staffs etc.

[BamaJay 0]

I honestly think most level headed Bama fans, like Bo and Brad, wanted just what they stated...for this thing to be over.  I'm so ready to kick it off in a few weeks and stop hearing about Tommy Gallon Head.  It's time to break down the running backs and offensive lines and coaching staffs etc. 

167840[/snapback]

I agree. I'm glad the University never got involved in this case. Last thing they need is another black eye. Bama has been drug thru the mud enough! Fall can't get here soon enough. Can't wait to watch some football.

[AURainman 6]

...and NO ONE bought those hideous

"GALLION FOR PRESIDENT" T-shirts.....right?

Gimme a break. You know that DEEP down all Bama fans were hoping that Gallion would place a noose around Phat Phil's neck over all this.

Now that Gallion's bluff has been called and it was all bullpoopie, where does that leave all of his loyal followers?

These guys.

[quietfan 233]

I was glad to read that the judge had good things to say about Gene Marsh and Marie Robbins. It has always bothered me how much anger some (not all!) Bama fans directed at them for merely doing their jobs to the best of their abilities. They were compliance officers--it was their job to report if the University was not in compliance with the NCAA, and to do everything they could to weed out cheaters! From some comments I've heard & read, I believe some Bama fans (again, not all) actually hate Marsh & Robbins more than Logan Young who created the mess.

http://www.al.com/alabamafootball/mobilere...6410.xml&coll=3

He [Judge Wilson] wrote: "One cannot help but conclude that (former Alabama compliance officials) Dr. (Gene) Marsh and Ms. (Marie) Robbins are good and law-abiding individuals who strove to run a clean program. If the NCAA and SEC had made them privy to what Logan Young was doing, he would have been disassociated, Albert Means not signed, and the penalties against the University would have been less severe."

[BamaJay 0]

...and NO ONE bought those hideous

"GALLION FOR PRESIDENT" T-shirts.....right?

Gimme a break.  You know that DEEP down all Bama fans were hoping that Gallion would place a noose around Phat Phil's neck over all this.

Now that Gallion's bluff has been called and it was all bullpoopie, where does that leave all of his loyal followers?

167866[/snapback]

I'm not saying there are not Bama fans out there like that. I wanted the truth to be know from all sides & wanted to know Fulmers part in the whole thing. I won't lie, I don't like him or Tennessee. It just seems the NCAA show bias towards certain universities, & I would like it to be a level playing field. Like I've said before, I just want what's best for Bama, and college football for that matter.

[AUesquire 1]

I doubt that it rises to the level of conspiracy as claimed, but you do have to take notice of the statement by Judge Wilson saying...had the NCAA and SEC notified Alabama, none of this would have happened. It doesn't change the fact that cheating was going on but you would think the SEC, if no one else, would have called their hand on it when reported.

[quietfan 233]

Let me start by saying the FOLLOWING IS JUST IDLE SPECULATION AND MY UNTRAINED PERSONAL OPINION. I HAVE NO DIRECT KNOWLEDGE OF ANYTHING, AND I AM NOT PART OF ANY CONSPIRACY.

Now that I have hopefully covered my a$$ against Gallion & Co. coming after me for defamation and slander , I continue...

Has he been too busy talking to reporters & the press to do his job in a timely manner?

First, last week, we heard how he was going through the normal channels of asking an Alabama judge to ask a Tennessee judge to force Fulmer to give a deposition. This is so close to the trial and so far past the discovery deadline that the NCAA lawyers asked that the request be thrown out. My question: If Gallion can go through the Alabama judge-Tennessee judge route to force a deposition in June/July, why didn't he do this a long time ago, like January or February?

Secondly, Gallion himself is quoted in the Birmingham News today as follows:

"I disagree with the judge totally," Gallion said. "The NCAA had admitted to negligence in putting (an erroneous job restriction on Cottrell and Williams) on the Web site.

"In the deposition of the girl who did this (NCAA employee Cheryl DeWees), she admitted she did it seven times and the judge hasn't even read that because we haven't had a chance to file it."

W-H-A-T-?? Why hasn't the judge seen it? "We haven't had a chance to file it.." If they haven't been pursuing Fulmer's deposition through the proper legal channels, and they haven't filed this girl's deposition, what have Gallion & his co-councils been doing all this time? --just talking to reporters?

I certainly hope if I ever need legal council, my lawyer at least gets the paperwork in on time. Again, just my humble opinion, but if Cotrell & Williams enjoy the litigation process so much, they might look into the possibility of a malpractice suit!

[Proud Tiger 4,261]

There is a big winner here......Gallion will get lots of $$$$$

[quietfan 233]

Well, no sooner did I make that last post than I found out the following:

Gallion filed a motion in the Alabama Supreme Court today for a stay of the trial set to begin Monday, pending the filing of a petition for a Writ of Mandamus...(whatever that is). The text of his motion can be found here:

http://media.scout.com/media/doc/23/234815.pdf

Without quoting it all, it says the deposition of the afore mentioned NCAA employee Cheryl Dewees took place on July 1. I suppose that explains why the judge hasn't seen it, but again, is there a reason these depositions did not occur months ago?

[auskull 239]

"It just seems the NCAA show bias towards certain universities..."

My thoughts exactly. However it was 30 years ago in a different time.

[Bama Bo 0]

Well, no sooner did I make that last post than I found out the following:

Gallion filed a motion in the Alabama Supreme Court today for a stay of the trial set to begin Monday, pending the filing of a petition for a Writ of Mandamus...(whatever that is).  The text of his motion can be found here:

http://media.scout.com/media/doc/23/234815.pdf

Without quoting it all, it says the deposition of the afore mentioned NCAA employee Cheryl Dewees took place on July 1.  I suppose that explains why the judge hasn't seen it, but again, is there a reason these depositions did not occur months ago?

167927[/snapback]

The reason is the NCAA would not admit to who made the mistake.

[DKW 86 7,511]

http://www.al.com/alabamafootball/huntsvil...2370.xml&coll=1

Alabama Supreme Court refuses to hear case.

Plaintiff attorneys are meeting here today to finalize plans. On Friday, Tommy Gallion of Montgomery was denied by Alabama Supreme Court in his request for a stay of the trial in order to prepare a Writ of Mandamus to reinstate the conspiracy charge dismissed Thursday. The emergency writ request still is a possibility, but any appeals likely now will be made after the trial.

[quietfan 233]

Well, no sooner did I make that last post than I found out the following:

Gallion filed a motion in the Alabama Supreme Court today for a stay of the trial set to begin Monday, pending the filing of a petition for a Writ of Mandamus...(whatever that is).  The text of his motion can be found here:

http://media.scout.com/media/doc/23/234815.pdf

Without quoting it all, it says the deposition of the afore mentioned NCAA employee Cheryl Dewees took place on July 1.  I suppose that explains why the judge hasn't seen it, but again, is there a reason these depositions did not occur months ago?

167927[/snapback]

The reason is the NCAA would not admit to who made the mistake.

168033[/snapback]

I did not know that--thanks for updating me.

I still don't understand why TG didn't pursue the AL judge/TN judge route to get Fulmer's deposition months ago, though. But if there is logical reason--perhaps something one of our resident attorneys might understand--I will be happy to be educated.

[aucanucktiger 1,809]

"If the NCAA, and SEC had made them privy to what Logan Young was doing, he would have been disassociated, Albert Means not signed, and the penalties against the University would have been less severe".

Oh, okay....that's the funniest line by a judge since the old codger in Mississippi Burning. The court completely ignores the fact (and applicable law) that if the NCAA and SEC presented Bama w/ activities it SUSPECTS were improper by Logan Young et al before the investigation was completed Young et al might sue the SEC and NCAA for defamation (same problem, different party). It's questionable whether any immunity from lawsuit those investigating bodies otherwise enjoy is even applicable if they act on investigative info. BEFORE the investigation is complete. Ding, ding, ding.

If Bama fans are looking for this one to go away soon, also consider the court's dicta re; "others" not named in the current suit possibly being responsible for tainting Cottrell's reputation....such as the U.S. Attorney's office in Memphis What are these judges thinking, putting unnecessary language like that in their order?

[quietfan 233]

If Bama fans are looking for this one to go away soon, also consider the court's dicta re; "others" not named in the current suit possibly being responsible for tainting Cottrell's reputation....such as the U.S. Attorney's office in Memphis  What are these judges thinking, putting unnecessary language like that in their order?

168118[/snapback]

Well, putting my non-legally trained mind to work, I'm thinking perhaps the idea was that Culpepper's culpability is less if Cotrell's reputation had already been stained by others. I agree that it doesn't seem like the Judge needed to go into details as to who the others were. But again, I'm no lawyer.

As for the NCAA telling Alabama earlier, isn't that the purpose of the "Preliminary Letter of Inquiry" (PLOI, if I'm using the right term). Didn't I read somewhere lately that NCAA bylaws mandate that the NCAA not discuss possible cases with schools until they issue an official PLOI? Perhaps I am mistaken about that. But if I am correct, wouldn't the NCAA talking to Bama before that, in violation of it's own bylaws, make them guilty of exactly the sort of backdoor conspiracy with Bama that Gallion accuses them of having with Tennessee?

[Bama Bo 0]

I'm not sure what the judge was talking about by his comments about the NCAA and the SEC warning Alabama. The complaint I've seen was that the SEC warned every other SEC member that Lang was trying to sell Means accept UA and UK. Now you can say that with the rumors floating around at the time that UA should have known or at least been partially aware of the rumors and you would probably be correct. The question is, why would the SEC warn off every other school, but not UA and UK. Conspiracy? Probably not. But, at least IMO, it still isn't quite right.