BrewingFrog
Was I supposed to type something here?
McLennan County. The Land of the Not Quite Right.
BAYLOR TITLE IX UPDATE
- Thread starter Froglaw
- Start date
ShadowFrog
Moderators
Quite ???
Froglaw
Full Member
Baylor appealed the Magistrate's Order on the Pepper Hamilton Report (to turn it over to Plaintiff's) to the sitting Federal Judge.
Federal Judges rarely overturn a Magistrates ruling (I had it happen once in 35 years), but it does happen.
Personally, I believe that the Pepper Hamilton Report should start out as being assumed as "Privileged" under Attorney/Client communications. However, Baylor may have waived the Privilege by and through its actions.
Caveat: I have not read either the Motion to Compel production or the Response. I am merely pointing out the playing field without having watched any of the game.
Attorneys for Baylor University have asked a federal judge to overturn a magistrate’s order requiring Baylor to provide documents prepared by the Philadelphia law firm Pepper Hamilton to attorneys for 15 women suing the school for failure to enforce Title IX protections.
University attorneys asked U.S. District Judge Robert Pitman to reverse a sharply worded order earlier this month by Magistrate Judge Andrew W. Austin. Austin gave Baylor until July 15 to turn over documents from the law firm, which determined in 2016 that Baylor “fundamentally failed” to enforce federally mandated protection for sexual assault victims.
Austin ruled that through its defense in the four-year-old lawsuit filed by 15 Jane Doe defendants, Baylor had waived attorney-client privilege of Pepper Hamilton’s work product.
Federal Judges rarely overturn a Magistrates ruling (I had it happen once in 35 years), but it does happen.
Personally, I believe that the Pepper Hamilton Report should start out as being assumed as "Privileged" under Attorney/Client communications. However, Baylor may have waived the Privilege by and through its actions.
Caveat: I have not read either the Motion to Compel production or the Response. I am merely pointing out the playing field without having watched any of the game.
Attorneys for Baylor University have asked a federal judge to overturn a magistrate’s order requiring Baylor to provide documents prepared by the Philadelphia law firm Pepper Hamilton to attorneys for 15 women suing the school for failure to enforce Title IX protections.
University attorneys asked U.S. District Judge Robert Pitman to reverse a sharply worded order earlier this month by Magistrate Judge Andrew W. Austin. Austin gave Baylor until July 15 to turn over documents from the law firm, which determined in 2016 that Baylor “fundamentally failed” to enforce federally mandated protection for sexual assault victims.
Austin ruled that through its defense in the four-year-old lawsuit filed by 15 Jane Doe defendants, Baylor had waived attorney-client privilege of Pepper Hamilton’s work product.
BrewingFrog
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That's deeply and satisfyingly ironic, given that Baylor rolled over and paid Warden Art off just so they could preserve the privilege intact. "$7 million down the drain!"
tcudoc
Full Member
I figured you would say something like they were hoist with their own petard.
Big Frog II
Active Member
And the NCAA is still sitting on their fat rears.
BrewingFrog
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No, that's too cliche...
They haven't been hoisted up on anything just yet. They've been playing the long game: delay, delay, delay. The thing is, once they are dragged from the safety and security of McLennan County into a forum in which they don't hold all the cards, then they're in trouble. In time, the accumulated weight of facts will crush them.
I have a (probably stale by now) Budweiser awaiting the day when Baylor University gets it's legal comeuppance, and has to pay out a literally crippling sum to the legion of victims they have been persecuting these many years. I drank one when they fired Warden Art. The next one will taste even better...
FrogAbroad
Full Member
BrewingFrog
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That has been the most disappointing aspect of this entire saga: The failure of the relevant authorities to do their damned jobs.
Pharm Frog
Full Member
As for "relevant authorities" are you speaking of the NCAA or other? If meaning the NCAA, what makes you think they aren't doing their "damned job"? I'd say they are protecting their member institution quite effectively to this point. May not be on the job description as such but that is exactly how they view "their job".
Froglaw
Full Member
The lawsuit is NOT in McL McLennan County, it is in Federal Court. Huge difference.
BrewingFrog
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Touche' sir.
BrewingFrog
Was I supposed to type something here?
Exactly. As I said, once they are dragged from their lair, they are in trouble.
Did I just make a bear joke? Egad...
ShadowFrog
Moderators
Barely
FrogAbroad
Full Member
NCAA officials should be required to wear masks for the next century...not to avoid a virus, but to hide their shame.
Blow it up and don't start over!
I really don’t have an issue with football, basketball, baseball, moving away from the NCAA.
Big Frog II
Active Member
The NCAA needs to quit using the virus excuse on hammering Baylor. Have they not ever heard of Zoom?
Froginbedford
Full Member
I can bear it if you can....
