Listenbee Lawsuit Update 3/19/2018

[Bob Sugar]

Not a lawyer here... so you're saying that Listenbee is losing, and instead of getting paid, he is paying, paying some more, and stands to pay out even more?

Pretty much. My understanding is that Listenbee lost in Dallas and in Tarrant, the case has barely started due to all of the procedural fighting and he's now in the hole for probably $50-75k, unless the Texas Supreme Court throws him a bone and dismisses TCU's claims as baseless (not likely to happen). So now they get about 6 weeks to try to settle the case. Too bad for him that TCU has the high ground now.

 

[LawFrog504]

Really appreciate the updates provided here. What a colossal mess this situation is

 

[BrewingFrog]

Interestingly, again I may have missed it, the DFW Press seems to have failed to report this story and failed to report it with the zeal it used to trumpet the initial filing.

Funny, that...

 

[Froglaw]

It was a combination of a client who has a horrible injury combined with a huge economic loss and an attorney willing to roll the dice.

There is no cause of action for Listenbee's injury under current Texas law.

Part of the theory of the earlier lawsuits by the Northwestern University players was that they should be entitled to Workers Compensation coverage under Illinois law.

I do not have a problem classifying the players as "employees" under Worker's Compensation law when they are practicing or in a football game. This would at least give them lifetime medical coverage for injuries and some compensation.

WWE treats its wrestlers as "contract labor" which may not withstand IRS scrutiny. Jake "The Snake" Roberts had to start a "Go Fund Me" page to pay for a $9,000 surgery.

When you know the players are giving the school 100% effort and a freak collision happens that ends a career, then the school needs to step up and at least cover the medical expenses. TCU has a system to handle this type of injury.

It sounds like Listenbee's lawsuit goes beyond just the medical expenses.

But Kolby is asking for a "negligence" finding against every conceivable Defendant and that is the weakest part of his case.

 

[Froglaw]

Funny, that...

When I went to the first hearing on TCU's Plea in Abatement, it was apparent that the Dallas Trial Judge fully understood the theory of "blaming the coach" and the establishment of a "duty" on the part of TCU to make a determination that KL was either not ready to play or good to go.

It is a mess. A very sad mess.

 

[hometown frog]

KL should now sue his attorney for malpractice. Such a terribly laid out strategy based upon unsubstantiated legal opinion.

 

[JogginFrog]

I do not have a problem classifying the players as "employees" under Worker's Compensation law when they are practicing or in a football game. This would at least give them lifetime medical coverage for injuries and some compensation.

I keep wondering why colleges don't agree to take money earned from the use of athletes' images/licensing/merchandising and put it into a fund to cover long-term injuries. Seems like an obvious way to protect the increasingly shaky concept of amateur student-athletes.

But, greed, I guess. Shouldn't happen in KL's ridiculous case, but I won't fault the jury that delivers a big judgment to an injured former athlete against a school that spent decades pocketing earnings derived from the commercial value of its individual players in addition to the collective product.

 

[WhatTheFrog]

Thank you for the update, Froglaw!

I enjoy following this thread, btw.

 

[BABYFACE]

If this was truly about for medical expenses and seeking medical care for an injury that happened at TCU, he should have kept it to that. Instead, it was an attempt for a big money grab by Listenbee and his attorneys. They over played their hand.

 

[Punter1]

Not a lawyer here... so you're saying that Listenbee is losing, and instead of getting paid, he is paying, paying some more, and stands to pay out even more?

Sounds like this land deal I'm in....or my 1st marriage...

 

[WhatTheFrog]

I keep wondering why colleges don't agree to take money earned from the use of athletes' images/licensing/merchandising and put it into a fund to cover long-term injuries. Seems like an obvious way to protect the increasingly shaky concept of amateur student-athletes.

But, greed, I guess. Shouldn't happen in KL's ridiculous case, but I won't fault the jury that delivers a big judgment to an injured former athlete against a school that spent decades pocketing earnings derived from the commercial value of its individual players in addition to the collective product.

The player in question wouldn't have been in "employment" for decades. 3 years at most. Also, if the player was that "good", he likely got paid to play for said school (scholarship and stipend). The school basically paid the player to attend and give him a great opportunity to go pro and make millions.

Yeah, I'm not a huge fan. The player should represent the school to the best of his ability. That gives the advantage to both the school and the athlete.

This has nothing to do with the NCAA, btw. I don't care for that worthless organization.

 

[Moose Stuff]

If this was truly about for medical expenses and seeking medical care for an injury that happened at TCU, he should have kept it to that. Instead, it was an attempt for a big money grab by Listenbee and his attorneys. They over played their hand.

And as such my only thoughts on the matter are “tough [ Finebaum ] KL” and “hahahahahahahaha”. People who attempt to sue their way to large amounts of money that they aren’t even remotely entitled to are among the largest POS’s to walk this planet.

 

[YA]

When I went to the first hearing on TCU's Plea in Abatement, it was apparent that the Dallas Trial Judge fully understood the theory of "blaming the coach" and the establishment of a "duty" on the part of TCU to make a determination that KL was either not ready to play or good to go.

It is a mess. A very sad mess.

Just a reminder that the Dallas Judge is a TCU Alumni who is also one of the most hated Judges in Dallas County. She has a history of questionable rulings. Good to see the Dallas Court of Appeals and Tarrant Court of Appeals all agree on one thing, she was wrong in her initial rulings.

 

[TX_Krötenechse]

I keep wondering why colleges don't agree to take money earned from the use of athletes' images/licensing/merchandising and put it into a fund to cover long-term injuries. Seems like an obvious way to protect the increasingly shaky concept of amateur student-athletes.

But, greed, I guess. Shouldn't happen in KL's ridiculous case, but I won't fault the jury that delivers a big judgment to an injured former athlete against a school that spent decades pocketing earnings derived from the commercial value of its individual players in addition to the collective product.

I wonder if such a fund would run afoul of impermissible benefits, as they would effective provide at least some players with lifetime health coverage. It also seems like there would be a lot of potential for abuse by means of using the fund as a way to pay “injured” players well after their career was over.

 

[BrewingFrog]

When I went to the first hearing on TCU's Plea in Abatement, it was apparent that the Dallas Trial Judge fully understood the theory of "blaming the coach" and the establishment of a "duty" on the part of TCU to make a determination that KL was either not ready to play or good to go.

It is a mess. A very sad mess.

Ugh. I think YA covered her pretty well up above...

My earlier commentary was on the FWST and their seeming zeal to bash TCU at every opportunity. With that in mind, it doesn't surprise me in the least that some positive news is either ignored or beneath their dignity to report...

 

[netty2424]

 

[Brog]

Okay, if this update has already been posted, then I missed it and please ignore.

The Dallas Court of Appeals issued a Memorandum opinion on December 21, 2018 and withdrew and replaced the opinion on February 6, 2019. The decision granted TCU, et al.'s Plea in Abatement.

I have not analyzed the entire opinion, but the Dallas case is "Abated" ("put on hold") while the Tarrant County case will proceed to its conclusion.

This is a huge blow to Mr. Listenbee's case in that the forum trial court (Fort Worth) did not seem as sympathetic to Mr. Listenbee's claims and causes of action (most of which I've never seen pleaded in a lawsuit prior to this case).

I hand the mantle of reporting to my Fort Worth members of the bar to keep us informed of the progress of this case.

Interestingly, again I may have missed it, the DFW Press seems to have failed to report this story and failed to report it with the zeal it used to trumpet the initial filing.

You should expect an article from Engel any day on how the court system unfairly treats college athletes who are just trying to get justice. Engel will focus on how much endowment TCU has ($1.5 billion+), and how poor Mr. Listenbee is. Watch for the article anytime soon.

 

[Froglaw]

And as such my only thoughts on the matter are “tough [ steaming pile of Orgeron ] KL” and “hahahahahahahaha”. People who attempt to sue their way to large amounts of money that they aren’t even remotely entitled to are among the largest POS’s to walk this planet.

Second part of your statement-I disagree.

Life changes.

There were no rules of the road prior to automobiles.

Britain had debtors prisons.

People were property under Dred Scott.

Separate but equal was the law of land until Brown v Board of education.

Lawyers have to push conventional thought to create the justice caused by social change.

Would you buy a car without seatbelts or air bags?

Of course not.

Why is that?

Lawsuits forced the change.

Clean water
Lead smelters
Clean air

I could go on and on.

 

[Double D]

Slow day in traffic court?

Second part of your statement-I disagree.

Life changes.

There were no rules of the road prior to automobiles.

Britain had debtors prisons.

People were property under Dred Scott.

Separate but equal was the law of land until Brown v Board of education.

Lawyers have to push conventional thought to create the justice caused by social change.

Would you buy a car without seatbelts or air bags?

Of course not.

Why is that?

Lawsuits forced the change.

Clean water
Lead smelters
Clean air

I could go on and on.

 

[Moose Stuff]

Second part of your statement-I disagree.

Life changes.

There were no rules of the road prior to automobiles.

Britain had debtors prisons.

People were property under Dred Scott.

Separate but equal was the law of land until Brown v Board of education.

Lawyers have to push conventional thought to create the justice caused by social change.

Would you buy a car without seatbelts or air bags?

Of course not.

Why is that?

Lawsuits forced the change.

Clean water
Lead smelters
Clean air

I could go on and on.

I’m not sure any of what you typed addresses my comment. I’m talking about the lady who spills hot coffee on herself and sues McDonald’s for 10 million.