1. The KillerFrogs

BAYLOR TITLE IX UPDATE

Discussion in 'Scott & Wes Frog Fan Forum' started by Froglaw, Apr 3, 2020.

  1. Plaintiffs in Baylor Title IX Lawsuit Can't Seek Punitive Damages
    A federal judge hearing a Title IX lawsuit against Baylor University has ruled that 15 Jane Doe plaintiffs are not entitled to seek punitive damages or changes impacting the school’s current or future policies concerning Title IX enforcement. The ruling by U.S. District Judge Robert Pitman allows plaintiffs in the four-year-old case to continue to seek claims against Baylor for actual and compensatory damages and other costs, based on their allegations that Baylor acted with deliberate indifference when they sought help after being sexually assaulted by fellow students. https://www.houstonchronicle.com/te...Baylor-Title-IX-lawsuit-punitive-15175318.php
     
  2. so in English?

    Does that mean they can't sue for $100 million because of "the hell they were put through" but can sue for say $300k if they can show it affected their ability to get a degree and thus reduced their lifetime earnings? or they spent an extra $50k on tuition and R&B because they had to transfer?

    I could ask my wife but right now she thinks I am fixing something in the garage...
     
  3. Ha!

    Punitive damages under Texas Law is difficult. You have to show Malice as defined under the Texas Civil Practices and Remedies Code Section 41.003.

    Very high threshold that requires "specific intent to cause substantial harm or harm to the plaintiff".

    There are also damage caps.

    The plaintiff must prove the aggravated conduct by clear and convincing evidence. This is a higher burden of proof than "by a preponderance of the evidence" which is the threshold of proof (more likely than not) in most civil cases.

    The statute is complex and rarely survives a Motion for a Partial Summary Judgment on the Exemplary Damage causes of action.

    It almost always is challenged by the Defendant.

    Generally, if a plaintiff can prove that the Defendant knew there was a danger and proceeded anyway, then it usually will survive to be determined by the trier of fact (usually a jury).

    Even if a plaintiff makes it to a jury with her/his/its punitive damage claim intact, the defendant is entitled to a bifurcated trial on the issue and the plaintiff must receive a unanimous (all 12 persons in a Texas District Court) verdict.

    Proving Baylor knew their football team was sexually assaulting co-eds and did nothing to stop it before it happened is probably a tough row to hoe.

    On the other hand, the post-knowledge treatment of the women who made complaints to Baylor's Administration can recover economic and other compensatory damages is huge.

    What is it worth to not be sexually assaulted by a fellow student and then have the Administration blame you the victim?

    Answer in dollars and cents $_____________________
     
    PhillyFrog likes this.
  4. So...in secret you're on Killer Frog, is that it?
     
  5. ISWYDT
     
    HG73 likes this.
  6. well I am in the garage messing with the RZR - I have it up on jacks to change out the tires.

    Now the fact that this should take 30 minutes and I have been out here for 2 hours and only done the back is just not necessarily something she needs to be aware of - surperfluous data that isn't required for her analysis or decision making if you get my drift.

    After 55 years of being married - my open "honey do" list makes the Encyclopedia Britannica look succinct in presentation - even up here where there should be nothing to do but fish...
     
    Relic, MN Frog, Mean Purple and 2 others like this.
  7. Evidently Baylor's evasive tactics pissed off the Federal Magistrate Judge per Texas Sports.

    A federal magistrate judge Tuesday issued an order that requires Baylor University to provide documents prepared by the Philadelphia law firm Pepper Hamilton to attorneys for 15 women who are suing Baylor for alleged Title IX violations. Magistrate Judge Andrew W. Austin, who is overseeing the case filed in an Austin federal court, gave Baylor until July 15 to turn over documents to attorneys for the women and to designate documents it believes are not subject to evidence discovery in the lawsuit.
     
  8. Is this what Gov Abbot was able to take advantage of when he was injured? If the same thing happened to him today, he would have gotten far less money? I heard that somewhere.
     
  9. I'll take a stab at this: IIRC the formula if tried in Waco would be $61 raised to the 58th power minus the price of a Pappadeux Shrimp and Crawfish Fondeaux appetizer minus the average nightly rate of an Omni Hotel Executive King Suite.

    Or, (3.541E+103)-$19.95-$387.00
     
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  10. Hmmm... How about all the NDAs? Confidential settlements with Warden Art and the banjo-playing ex-AD?

    There's a lot of foul garbage they have managed to keep covered up, thanks to their pals in the McLennan County Courthouse. I truly hope the Federal Judge overseeing this drags all of it out into the sunlight. After all, it is the best disinfectant.
     
  11. liked for this
     
  12. yeah, article linked in another thread. the quotes from the judge's order were very direct. called them out for, as you indicated, evasive tactics.
     
  13. That DA is gone now. Lost in a primary a ways back. Don't know much about the new one.
     
  14. Me either. I do know there's a few dead bodies from the Twin Peaks shootings that have yet to be explained...
     
  15. I was yesterday years old when I learned Kenneth Starr was part of the Jeffrey Epstein defense team in the mid 2000’s.
     
  16. I think he settled his lawsuit pre-verdict, but that was before my time as a trial lawyer.

    He was at my Board Certification ceremony. We went in together along with my wife (ex-wife now) and was very gracious.

    However, one of his opinions three weeks later gutted my client's case. The glow was short lived.:eek:
     
    PhillyFrog likes this.
  17. They moved to Chicago and voted for Obama.
     
    Salfrog likes this.
  18. Actually one of my buddies, a criminal defense guy, gave a great CLE on the topic a few years ago.
     
  19. The silence surrounding just about every aspect of that case makes me think that nothing about it was righteous.
     
  20. From what he said the cops did a good job getting the true bad guys separated from everybody else. They had about 20 ready to go then the DA and one of the JPs showed up and arrested everyone who owned a motorcycle. Holding people on high bonds/no bonds w little to no evidence. Turnover among the prosecutors was ridiculous. People spent long periods of time on weak cases and some of the true bad guys never got prosecuted. Just a S--- show.
     
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