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Listenbee Lawsuit Update 3/19/2018

Discussion in 'Scott Nix Frog Fan Forum' started by Froglaw, Mar 19, 2018.

  1. I do not know how often or how much content the Forum wants updates so I'll try and keep it to a Nutshell version unless I get a specific question.

    Important Note: Tarrant County does not have online access to their public court filing like Dallas County. So unless I get in my car and drive to FW to the District Courthouse and visit a special room in the District Clerks office, I cannot update you folks on the TCU v. Listenbee lawsuit that is ongoing in Tarrant County outside the pleadings that are attached to the Dallas Court filings.

    Also note, TCU sued Listenbee first on January 30, 2018 at 7:31 p.m. THIS IS A VERY IMPORTANT FACT BECAUSE IT SHOULD GIVE THE 153rd DISTRICT COURT IN TARRANT COUNTY DOMINANT JURISDICITION OVER THE ISSUES ARISING OUT OF LISTENBEE'S ALLEGATIONS.

    In Tarrant County, TCU sued Listenbee seeking certain "declarations" regarding Listenbee's claims. Mainly, the Tarrant County lawsuit is to determine whether or not the Texas Medical Malpractice Act applies to TCU (who does not practice medicine) and to declare that substantially all the events complained of occurred in Tarrant County.

    In Dallas County, Listenbee filed his lawsuit on January 31, 2018 at 2:33 p.m. TCU (including CGP, Trustees, other coaches, CDC, Meacham), filed their Motion to Transfer Venue (to Tarrant County), Plea in Abatement (lawyer speak for TCU saying time out and put the game on hold until we work out what court is in charge), and, in a separate filing, an Original Answer and Special Exceptions to Listenbee's Petitions. Special Exceptions are complaints that the facts pleaded are not sufficient to give "fair notice" of what legal theory is being asserted to support Listenbee's causes of action.

    The Big 12 has filed a Plea in Abatement (basically saying what are we doing in this party) and an original answer (denying everything).

    Nothing has been set for a hearing on the Pleas in Abatement, Motion to Transfer Venue, or the Special Exceptions (which can result in the dismissal of the case).

    All of the lawyers representing TCU, Big 12, etc. are very, very, good.

    Interestingly, the treating physicians have not yet filed an answer (I did not review the citation histories to determine when their answer date is set - maybe today).

    My take, this is a medical malpractice case that will probably be tried (if at all) in Tarrant County. TCU, members of the TCU Board, Coaches, CDC, and Big 12 will probably get out on a Motion for Summary Judgment or similar motion.

    I'll post updates if Wes and the Forum wants to know the current events.
     
  2. Thanks for the update.

    Listenbee has been retweeting some TCU related things.

    He seems to be back on social media after a hiatus, probably from the advice of his brilliant lawyers.
     
  3. Yes they do. What’s the cause number?

    edit. nevermind, I found it.
     
  4. I'd be interested in updates to this as they become available. Thanks!
     
  5. I'm interested in updates
     
  6. So in your opinion it will pretty much be a regular malpractice case between Listenbee and the doctors/trainers?
     
  7. Did Listenbee sue EA sports too? I think I remember him getting hurt in the PS3 version of NCAA football.
     
  8. #8 Frog-in-law1995, Mar 19, 2018
    Last edited: Mar 19, 2018
    Interesting that TCU served listenbee at an address they identify as his residence, which is in Tarrant County (admittedly, just barely per google maps), but his petition, which argues venue in Dallas county, says he is a resident of Dallas county (but doesn’t give an address).

    Edit: nevermind, looks like they had trouble serving him there.
     
  9. That’s precisely what TCUs petition for declaratory judgment suggests. And it makes sense.
     
  10. Send it to me.

    I spent half a day with the District Clerk trying to get a copy of a settlement agreement in another case and was finally told that I had to physically come to the courthouse and they even gave me the room number.

    Email is Jsherwood@sherwoodlawoffice.com
     
  11. Yes, I would imagine TCU has some VERY good lawyers.
     
  12. A malpractice case is probably KL's best bet for a recovery. But that raises all kinds of defenses and damage caps under Chapter 74 of the Texas Civil Practices and Remedies Code.

    Don't get me wrong. If KL's treating physicians violated the standard of care, he may have a viable claim.
     
  13. i think KL has a case.
     
  14. Huh, that’s odd. I’ve had trouble with CCLs, but not District Courts. Their records can be accessed (once you set up an account) here:

    https://egov.tarrantcounty.com/web/guest/home

    Right now I see an original and an amended petition and answers from JPS and Kolby from 2-3 weeks ago.
     
  15. I would recommend not leaving your email address on this post.
     
  16.  
  17. Absolutely, keep the updates coming and we appreciate everything you can share with us
     
  18. Based on what exactly? If he has a case then so does A LOT of other players in all of college football
     
    netty2424 and MTfrog5 like this.
  19. Boo this man
     
    H0RNEDFR0GBLITZ likes this.
  20. I think he doesn't.
     
    H0RNEDFR0GBLITZ likes this.

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