Cottrell Verdict Overturned

[DKW 86 7,440]

Link

Judge overturns Alabama coaches verdict

11/15/2005, 6:20 p.m. CT

The Associated Press   

TUSCALOOSA, Ala. (AP) — A judge overturned a $30 million verdict a jury awarded former Alabama assistant coach Ronnie Cottrell in his defamation lawsuit against former recruiting analyst Tom Culpepper, calling the award "severely flawed."

Circuit Judge Steven Wilson ordered a new trial in a one-page order Tuesday that said the judgment was "obviously the result of bias, prejudice and emotions."

Wilson also ruled that Cottrell's attempts to prove that the NCAA had promised to pay Culpepper's legal bills is now moot, because the $30 million verdict no longer stands.

"There is no judgment to be collected," Wilson wrote.

Attorneys for Cottrell immediately began the process of appealing the ruling to the Alabama Supreme Court.

The jury returned the judgment July 22 in Cottrell's defamation suit against Culpepper, awarding $6 million in compensatory damages and $24 million in punitive damages. The suit claimed Culpepper defamed him in part by saying he stole money from a charitable foundation and abandoned his first wife and family in Tallahassee, Fla.

Cottrell and former Tide coach Ivy Williams filed suit against Culpepper and the NCAA, claiming they were unable to find comparable employment following the NCAA's investigation and sanctions imposed against Alabama in 2002. They accused Culpepper of playing a role in that probe.

Attorney Tommy Gallion, who represented Cottrell and Williams, called Wilson's ruling "incredible" and said attorneys filed notice Tuesday that they were appealing to the Alabama Supreme Court. The attorneys also are continuing to appeal a ruling before the start of the trial that dismissed the NCAA from the lawsuit.

"The most tragic thing in this case is not what has happened to our client, but what happened to the good men and women of Tuscaloosa County, who sat on that jury for two weeks," Gallion told The Associated Press.

Attorneys for the NCAA could not immediately be reached for comment.

Gallion said Wilson changed his mind on various issues in the case, including whether defense attorneys could see an agreement between Culpepper and the NCAA and over whether Williams and Cottrell were public or private figures.

Gallion said if the lawsuit is tried again he will seek to remove Wilson from hearing the case.

"I will go to U.S. Supreme Court before I walk into his court again. But I will do everything I can do to continue to pursue every bit of this until the facts come out," Gallion said.

[SCWarEagle 4]

I hope Bama loses every game every year, but what kind of legal system is this?

You have a legal proceeding in which a jury sits in judgement, decides what they believe and makes a decision. Sounds OK to me, whether I agree with that decision or not. Then some a--hole judge just goes, "No. I know what the constitution says and all, but since I'm in charge, I'll just overturn that because I, as one man, have the power to do so, and thats what I feel like doing"

Again, down with Bammer and all, but this kind of crap seems very wrong to me. Judges have WAAAAY too much power.

[quietfan 233]

I hope Bama loses every game every year, but what kind of legal system is this?

You have a legal proceeding in which a jury sits in judgement, decides what they believe and makes a decision. Sounds OK to me, whether I agree with that decision or not. Then some a--hole judge just goes, "No. I know what the constitution says and all, but since I'm in charge, I'll just overturn that because I, as one man, have the power to do so, and thats what I feel like doing"

Again, down with Bammer and all, but this kind of crap seems very wrong to me. Judges have WAAAAY too much power.

198758[/snapback]

Since I didn't listen to all the evidence, I won't make a comment on the validity of the jury decision, however I do have to say:

If there was NO process of appeal, that would actually give judges MORE power because there would be no check on their initial rulings--they would be absolute. The constitution says appeals judges can and should review things. If you were the victim of a judgment that was "obviously the result of bias, prejudice and emotions", wouldn't you want to have a second chance at real justice?

[Again, I'm not taking a stand on whether there was actual bias in this case, but I would certainly be suspicious of a Tuscaloosa jury's objectivity in this case.]

[AWK 0]

Its called a directed verdict, Its in his legal limits, however it usually occurs before the jury has claimed their sentence or what not.

[quietfan 233]

Its called a directed verdict, Its in his legal limits, however it usually occurs before the jury has claimed their sentence or what not.

198844[/snapback]

Except this was an appeal ruling, not the ruling of the orginial judge...right?

[i'm no lawyer, nor to I claim to play one on TV. And I haven't stayed at a Holiday Inn in ages. ]

[AUesquire 1]

This is within the Judge's rights to make this ruling. I don't agree with it and it appears there's so much going on behind the scenes it's ridiculous. But then again, look at the players involved in this whole sordid affair.

One thing I just laughed my head off over was the jury foreman's reaction on Finebaum yesterday. This guy calls PF and goes off on a rant about this Judge and how they did exactly as they were instructed and ESPECIALLY about how this Judge "Impuned the integrity" of every juror on there. He went as far as to say he may have to contact a lawyer to look into a "Slander or libel" case over what the Judge said.

Let's see now....this jury is hearing a case about...hmmmm.....defamation.....the Judge overturns the enormous $30 million verdict saying there was....bias on the part of the jury....and the jury foreman now wants to sue the Judge for.....defamation???

Can't quite put my finger on exactly what's wrong with this picture.

[Bama Bo 0]

Its called a directed verdict, Its in his legal limits, however it usually occurs before the jury has claimed their sentence or what not.

198844[/snapback]

Except this was an appeal ruling, not the ruling of the orginial judge...right?

[i'm no lawyer, nor to I claim to play one on TV. And I haven't stayed at a Holiday Inn in ages. ]

198858[/snapback]

If it was an appeals ruling it is the first time I've ever heard of a judge ruling on an appeal of a verdict reached in a trial he himself presided over. Now, I'm not a lawyer so this may be a common thing. I've always had the impression though that an appeal was heard by a different judge.

Where's Esquire when we need him?

[Bama Bo 0]

Oops, there was Esquire.

[AUloggerhead 2,252]

Not that I care one whit about bammie fans turning on one of their own (Culpepper is a uat grad,) but the fact that this trial was held in Tuscaloosa County and also, the jury awarded a record amount in punitive damages seems to support Judge Wilson's ruling of "bias, prejudice & emotions."

[Tigermike 3,052]

Will or should the new trial be moved out of Tuscaloosa?

Where in this state could a fair and impartial jury be found?

I say that mainly because most all Bama fans looked at this jury finding somehow as a victory and vindication for Bama.

[AUloggerhead 2,252]

Will or should the new trial be moved out of Tuscaloosa? 

Where in this state could a fair and impartial jury be found?   

I say that mainly because most all Bama fans looked at this jury finding somehow as a victory and vindication for Bama.

198879[/snapback]

Lee County, AL ( )

[WarTim 3,457]

I always thought Coach Dye would make an excellent Jury Foreman.

[quietfan 233]

Its called a directed verdict, Its in his legal limits, however it usually occurs before the jury has claimed their sentence or what not.

198844[/snapback]

Except this was an appeal ruling, not the ruling of the orginial judge...right?

[i'm no lawyer, nor to I claim to play one on TV. And I haven't stayed at a Holiday Inn in ages. ]

198858[/snapback]

If it was an appeals ruling it is the first time I've ever heard of a judge ruling on an appeal of a verdict reached in a trial he himself presided over. Now, I'm not a lawyer so this may be a common thing. I've always had the impression though that an appeal was heard by a different judge.

Where's Esquire when we need him?

198871[/snapback]

On re-reading, I guess it was the original judge/case. It's just been so long since the trial I though it must be an appeal at this point simply because of the timing.

[AWK 0]

Judicial Inquiry on the JUDGE!

[GaTigerFan 0]

Why don't they just drop the whole thing... I mean its not like Cottrell would ever see the 30 mil anyway.... whos gonna pay up ? Culpepper ? I don't think so.

[AUesquire 1]

I imagine that at some point, the NCAA might want to belly up to the bar and fork over a few million to make this thing go away. They're just as filthy dirty as anybody involved in this mess. I'd like to see that and then we wouldn't have to hear it all over again. Even some of the rational Bama fans were sick of all the crap by the time it was over.

On a side note. My firm does a "High School Team of the Week" presentation for one of the local TV stations. We go out and present the award to the team selected each week. A few weeks ago, it was Carroll High and I got to meet Coach Cotrell and talk with him a few minutes. When I was introduced to him and he knew I was a lawyer, he grinned ear to ear and said, "Man, I love you guys."

Funny how $30 million will change someone's perspective.

[DKW 86 7,440]

I imagine that at some point, the NCAA might want to belly up to the bar and fork over a few million to make this thing go away.  They're just as filthy dirty as anybody involved in this mess.  I'd like to see that and then we wouldn't have to hear it all over again.  Even some of the rational Bama fans were sick of all the crap by the time it was over.

On a side note.  My firm does a "High School Team of the Week" presentation for one of the local TV stations.  We go out and present the award to the team selected each week.  A few weeks ago, it was Carroll High and I got to meet Coach Cotrell and talk with him a few minutes.  When I was introduced to him and he knew I was a lawyer, he grinned ear to ear and said, "Man, I love you guys."

Funny how $30 million will change someone's perspective. 

199002[/snapback]

Oh man! Did you go wash your hands after wards?

I think all this stuff is doing is giving the NCAA just that much more motivation to come back again later. Remember, what fueled this thing was the $400K lawsuit filed against the NCAA back in 1994.