Baylor to vote on Briles return
- Thread starter pastorfrog
- Start date
NNM
I can eat 50 eggs
Probably already answered, but I'm 3,000 miles away and 8 hours time difference removed and I'm just catching up on today's crapstorm.frogs9497 said:
The first day of law school, the first day of class (Contracts), my professor taught me a very valuable lesson. The answer to every law school exam question, and every legal question after you get licensed is, "it depends." Listen for that phrase, grasshoppers. You will hear it often in the coming months as this crapstorm rages, and if you listen closely, you will hear it often throughout your life whenever a lawyer speaks in a professional capacity.
In this case, the answer to your question is generally yes, but it depends on several factors. In the first instance, BU is "vicariously" liable for virtually everything that AB did, or failed to do, meaning they are on the hook. In addition, his contract, and the school's insurance policies, probably provide him individual coverage. So, in general, he's probably covered and probably does not face personal financial liability.
But (back to law school, y'all), it depends on several factors. First, he will be personally responsible for any criminal activity in which he engaged. Now BU may also have criminal charges based on his actions, but the institution can't go to jail. Second, his contract might exclude indemnification for intentional wrongdoing. Third, insurance policies may exclude coverage if the damages suffered were due to "gross negligence" or willful misconduct, particularly if he was on any notice from the school that his actions were inappropriate, or contrary to specific directions from BU administration.
BU probably has several layers of insurance. AB may have some too, either provided by the school or that he bought for himself. (Another personal lesson, grasshoppers, if you have any assets of any significance, consider an umbrella policy. There are a lot of nut jobs out there).
This is all complicated by AB's retention of his own counsel. AB's contract, and/or BU's insurance policies, may pay for separate counsel. AB can also afford it, so far. But BU and AB are headed in separate directions right now as co-defendants in a civil suit. Great news for the plaintiff, terrible news for all co-defendants.
Here's the kicker. This is only the first lawsuit to mature to settlement discussions. AB has not yet claimed, let alone filed a suit or arbitration claim for, wrongful termination. 3 more plaintiffs filed suit yesterday for Title 9 violations. DOEd and DOJ have not yet entered the fray (and I understand from Shaggy that the Dallas head of the division of DOJ charged with his deciding whether to proceed is inclined to generally overlook "boys will be boys" situations, so don't hold your breath). Press and social media reports indicate that there are many potential additional plaintiffs out there.
So, bottom line, get your popcorn if you are not a BU fan. This is going to be an extremely long saga. Lasting years.
And if you're BU or a BU and/or Briles apologist, prepare your orifices.
[edited after I researched AB's lawyer. He's the real deal mass tort and PI plaintiff's lawyer. Not sure how he and his partners/associates will handle the multitude of suits coming their way, but he's not overmatched. Even AB may run out of money to pay him sooner or later, though, if it gets bad enough with enough claims.]
Fred Garvin
I service the entire Quad Cities Area
Baylor's next mascot - Sexual Harassment Panda
