Skip to comments.Duke, insurer hope to settle on lacrosse case
Posted on 10/12/2010 3:16:16 AM PDT by abb
Duke University and the insurance company it sued to recoup some of the settlement costs linked to the Duke lacrosse case hope to settle their differences within the next month.
The National Union Fire Insurance Co., an affiliate of insurance giant AIG, and Duke have been wrangling over whether the company should reimburse the university for costs tied to the confidential settlements of lawsuits with three former lacrosse players and the former lacrosse coach.
In a court document filed Friday in federal court, Duke and the company acknowledged that settlement talks had been held.
"The parties are hopeful that they will be able to resolve this dispute at the November 4 mediation and have agreed that it is preferable to avoid incurring significant expenses," the parties said.
Initially, the company said it was left in the dark and shouldn't have to pay for any of the settlement costs. It said university officials violated the contract by not telling the company about the settlement until after the fact. The university argued that it was barred from disclosing information because of the settlement's confidentiality clause.
(Excerpt) Read more at newsobserver.com ...
Please sue Rev. Al and the LSM who tried and convicted these guys solely to ‘get whitey’ without ANY facts to back it up other than the crazy story of an emotionally disturbed ‘victim.’
Hope the lesson was learned nationally. AIDS isn’t the only reason to stay away from the ho’s.
The most important thing that must come out of this is that the Duke U administration, the Durham PD, and the DA’s office must be made to publicly admit what they did and fully apologize.
guess a public hanging is out of the question then...
Personally, I would pay lots of money to be the one to pull the lever and spring the trap door under Nifong, Brodhead and a few others.
right there with ya!
Every single one of these people should have been fired.
An Open Letter to the Duke Community In the spring of 2006, the Duke community was rocked by terrible news. We heard that a woman hired to perform at a party thrown by our lacrosse team had accused members of the team of raping her. Neighbors, we were told, heard racial epithets called out at the woman as she departed the party. The criminal proceedings and the media frenzy which followed are perhaps beginning to wind down. For us at Duke, the issues raised by the incident, and by our community's responses to it, are not. In April, a group of Duke faculty members published an advertisement in The Chronicle. The ad, titled "What does a Social Disaster Sound Like?" was mostly a compilation of statements made by Duke students in response to the incident and its immediate aftermath. This ad has figured in many discussions of the event and of the University's response. It has been broadly, and often intentionally, misread. We urge everyone to read the original ad, available at http://listening.nfshost.com/listening.htm. We have. Some of us were among the ad's signers. The ad has been read as a comment on the alleged rape, the team party, or the specific students accused. Worse, it has been read as rendering a judgment in the case. We understand the ad instead as a call to action on important, longstanding issues on and around our campus, an attempt to channel the attention generated by the incident to addressing these. We reject all attempts to try the case outside the courts, and stand firmly by the principle of the presumption of innocence. As a statement about campus culture, the ad deplores a "Social Disaster," as described in the student statements, which feature racism, segregation, isolation, and sexism as ongoing problems before the scandal broke, exacerbated by the heightened tensions in its immediate aftermath. The disaster is the atmosphere that allows sexism, racism, and sexual violence to be so prevalent on campus. The ad's statement that the problem "won't end with what the police say or the court decides" is as clearly true now as it was then. Whatever its conclusions, the legal process will not resolve these problems. The ad thanked "the students speaking individually and...the protesters making collective noise." We do not endorse every demonstration that took place at the time. We appreciate the efforts of those who used the attention the incident generated to raise issues of discrimination and violence. There have been public calls to the authors to retract the ad or apologize for it, as well as calls for action against them and attacks on their character. We reject all of these. We think the ad's authors were right to give voice to the students quoted, whose suffering is real. We also acknowledge the pain that has been generated by what we believe is a misperception that the authors of the ad prejudged the rape case. We stand by the claim that issues of race and sexual violence on campus are real, and we join the ad's call to all of us at Duke to do something about this. We hope that the Duke community will emerge from this tragedy as a better place for all of us to live, study, and work.
1. Stan Abe - Art, Art History, and Visual Studies 2. Benjamin Albers - University Writing Program 3. Anne Allison - Cultural Anthropology 4. Srinivas Aravamudan - English 5. Houston Baker - English and African & African-American Studies 6. Lee Baker - Cultural Anthropology 7. Christine Beaule - University Writing Program 8. Sarah Beckwith - English 9. Paul Berliner - Music 10. Connie Blackmore - African & African-American Studies 11. Jessica Boa - Religion & University Writing Program 12. Mary T. Boatwright - Classical Studies 13. Silvia Boero - Romance Studies 14. Eduardo Bonilla-Silva - Sociology 15. Matthew Brim - University Writing Program 16. William Chafe - History 17. Leo Ching - Asian & African Languages 18. Rom Coles - Political Science 19. Miriam Cooke - Asian & African Languages 20. Michaeline Crichlow - African & African-American Studies 21. Kim Curtis - Political Science 22. Leslie Damasceno - Romance Studies 23. Cathy Davidson - English 24. Sarah Deutsch - History 25. Ariel Dorfman - Literature & Latin American Studies 26. Laura Edwards - History 27. Grant Farred - Literature 28. Luciana Fellini - Romance Studies 29. Mary McClintock Fulkerson - Divinity School 30. Esther Gabara - Romance Studies 31. Raymond Gavins - History 32. Meg Greer - Romance Studies 33. Thavolia Glymph - History 34. Michael Hardt - Literature 35. Joseph Harris - University Writing Program 36. Karla Holloway - English 37. Bayo Holsey - African & African-American Studies 38. Mary Hovsepian - Sociology 39. Sherman James - Public Policy 40. Alice Kaplan - Literature 41. Keval Kaur Khalsa - Dance Program 42. Ranjana Khanna - English 43. Ashley King - Romance Studies 44. Claudia Koonz - History 45. Peter Lasch - Art, Art History 46. Dan A. Lee - Math 47. Pat Leighten - Art, Art History, and Visual Studies 48. Frank Lentricchia - Literature 49. Caroline Light - Institute for Critical U.S. Studies 50. Marcy Litle - Comparative Area Studies 51. Ralph Litzinger - Cultural Anthropology 52. Michele Longino - Romance Studies 53. Wahneema Lubiano-African & African-American Studies and Lit 54. Kenneth Maffitt - History 55. Jason Mahn - University Writing Program 56. Anne-Maria Makhulu - African & African-American Studies 57. Lisa Mason - Surgical Unit-2100 58. Paula McClain - Political Science 59. Louise Meintjes - Music 60. Walter Mignolo - Literature and Romance Studies 61. Alberto Moreiras - Romance Studies 62. Mark Anthony Neal - African & African-American Studies 63. Diane Nelson - Cultural Anthropology 64. Jolie Olcott - History 65. Liliana Parades - Romance Studies 66. Charles Payne - African & African-American Studies and History 67. Charlotte Pierce-Baker - Women's Studies 68. Wilma Pebles-Wilkins 69. Arlie Petters - Math 70. Ronen Plesser - Physics 71. Jan Radway - Literature 72. Tom Rankin - Center for Documentary Studies 73. Marcia Rego - University Writing Program 74. Deborah S. Reisinger - Romance Studies 75. Alex Rosenberg - Philosophy 76. Kathy Rudy - Women's Studies 77. Marc Schachter - English 78. Laurie Shannon - English 79. Pete Sigal - History 80. Irene Silverblatt - Cultural Anthropology 81. Fiona Somerset - English 82. Rebecca Stein - Cultural Anthropology 83. Susan Thorne - History 84. Antonio Viego - Literature 85. Teresa Vilaros - Romance Studies 86. Priscilla Wald - English 87. Maurice Wallace - English and African & African-American Studies 88. David Wong - Philosophy
Houston Baker is gone. He’s at Vanderbilt now.
From KC Johnson's blog.
If I were rich, I’d put an ad in Durham’s local newspaper asking and NC large media showing which professors that students should avoid.
The professor’s are still there, nothing has changed.
The insurance company should have been in charge of the settlement. They were insuring the college under the libel suit filed. So if the University goes off half cocked and settles on their own terms, why should the insurance company pay?
Plus, I’m wondering if there was a law suit filed by the coach? As part of his benefits I’m sure the school provided him liabiity insurance for any lawsuits that would arise from his coaching etc.
If there were law suits filed against school because of the coach, e.g. from the girl, or others like Jessie Jackson’s group etc., the school would be obliged to defend him. If he had hire an attorney because the school was not going to do this, then in essence the school was suing themselves.
Duke can burn to the ground for all I care. And “Coach K” can burn with it.
>>Initially, the company said it was left in the dark and shouldn’t have to pay for any of the settlement costs. It said university officials violated the contract by not telling the company about the settlement until after the fact.
I really, really hope Duke ended up eating the settlement out of their endowment due to this, and that this insurer doesn’t have to pay squat.
There is no way you should expect to make a claim in an area like this without getting the insurer involved in the process. Anyone with the least bit of understanding about how insurance really works realizes this.
I lost all respect for Coach K, which had been considerable, due to this case.
“The insurance company should have been in charge of the settlement. They were insuring the college under the libel suit filed. So if the University goes off half cocked and settles on their own terms, why should the insurance company pay?”
I agree. I went to the article before i posted to see if there were any other illuminating facts there, but there weren’t.
Dook fooked up by settling without allowing its insurer to cross the T’s and dot the I’s. The settlement wasnt confidential UNTIL Dook entered into the agreement. They could have and should have run this by their insurer beforehand.
HA! Are you kidding?
I’m sure you’ve seen it, but this is such a great summary of Nancy’s part in this story it needs to be linked again.
The Daily Show College Lacrosse Report
(Jon Stewart on Nancy Grace)
Oh, and just noticed your tagline. Love it.
What did Coach K do?
She's not apologized. On the day the three were declared innocent by the NC Atty General, she was too chickensh!t to even do her own show. She had a substitute.
Absolutely nothing. And that was the problem. He remained silent while innocent men were about to be lynched.
Did Coach K do anything yo support his fellow coach?
Lacrosse coach Mike Pressler sued and has since settled.
It took three months (after the case had begun to fall apart) before K could bring himself to speak.
K breaks silence on Duke lacrosse case
Men’s basketball coach giving support to players but is not ‘choosing sides’
updated 6:55 p.m. ET June 21, 2006
Sports is just a game. It is what you do in REAL LIFE that counts.
Please sue Wendy Murhphy and the Duke ‘professors’ who turned on the students in a heartbeat.
Never mind there was NO evidence against them.
Indeed. And K was found wanting when it counted.
Wonder if the boys might havbe a case to sue Nancy Grace for defamation of character? If there was ever a case for this, she sure made it.
I'll bet they thought about it.
The gift that keeps on giving!!
It is like a the family of a political assisin putting in a claim for accidental death after the perp is found guilty of treason and hanged.
Practically speaking, this means the insurance company would have to prove either (a) that if it had been given advance notice, it would not have approved the settlement (and any disapproval must be reasonable, not arbitrary), or (b) that if given advance notice, it could have struck a better deal. That's not always easy to prove, and if the insurer relies on (b), it would still be on the hook up to the amount of its "better deal."
Bottom line -- Duke has plenty of arguments to make, and it is likely there will be a compromise settlement.
Exactly so. And was in a position to know what was really happening (heck, we knew it here at FR very early on, looking in from afar), and of sufficient stature to inject some sanity into an insane situation.
Instead, he hunkered down and said nothing.
Coach K was worse than useless on the whole affair.
But by keeping quiet (officially) didn't he keep heat from being directed at his players? Didn't the basketball team have its own stripper party right before the lacrosse team did?
I believe that is correct, but is no excuse for not doing the right thing when people are being railroaded on a bogus rape charge.
I agree, but tend to think that K was in an unwinnable situation.
May I say that, having been over these first 48 on the internet, this appears to be a collection of real nuts and flakes, some of them quite extreme nutcases. Another thing to note: quite a few who's department is given as "History" or "Literature" are actually members of the faculty of the Duke African & American Studies department. Or maybe it's a school, or a college, I don't know, and Duke doesn't make it easy to find out. Here's the list:
1. Stan Abe - Art, Art History, and Visual Studies. Still there.
2. Benjamin Albers - University Writing Program. Still there.
3. Anne Allison - Cultural Anthropology. Still there.
4. Srinivas Aravamudan English. Still there.
5. Houston Baker - English and African & African-American Studies. Still there.
6. Lee Baker - Cultural Anthropology. Still there.
7. Christine Beaule - University Writing Program. Still there.
8. Sarah Beckwith English. Still there.
9. Paul Berliner Music. Still there.
10. Connie Blackmore - African & African-American Studies. Still there; shes an Adminstrative Assistant, not a professor.
11. Jessica Boa - Religion & University Writing Program. Is making herself scarce, both at Duke and on the internet.
12. Mary T. Boatwright - Classical Studies. Still there.
13. Silvia Boero - Romance Studies. Has moved on. Portland State University.
14. Eduardo Bonilla-Silva Sociology. Still there.
15. Matthew Brim - University Writing Program. Has moved on, to The College of Staten Island. This guys intellectual life is tied up with his homosexual lifestyle.
16. William Chafe History. Still there.
17. Leo Ching - Asian & African Languages. Apparantly still there, but on leave for 2010-2011 academic year.
18. Rom Coles - Political Science. Appears to have moved on, to Northern Arizona University. Is married to Kim Curtis (see below).
19. Miriam Cooke - Asian & African Languages. Still there.
20. Michaeline Crichlow - African & African-American Studies. Still there. Wears shades in her Duke webpage photo, even though shes indoors. Food seems to be a focus of her life.
21. Kim Curtis - Political Science. Was sued by Kyle Dowd, one of the falsely accused Duke LAX athletes, for flunking him. Has left Duke, along with her husband Rom Coles (see above).
22. Leslie Damasceno - Romance Studies. Still there.
23. Cathy Davidson English. May still be there, but has been shuffled off to something called the John Hope Franklin Humanities Institute at Duke University. Its webpage includes this notice: Weve Moved. The FHI has relocated to the Smith Warehouse on Duke East Campus, near the heart of downtown Durham.
24. Sarah Deutsch History. Still there.
25. Ariel Dorfman - Literature & Latin American Studies. Still there.
26. Laura Edwards History. Still there.
27. Grant Farred Literature. Still there, an associate professor.
28. Luciana Fellini - Romance Studies. Still there.
29. Mary McClintock Fulkerson - Divinity School. Still there.
30. Esther Gabara - Romance Studies. Still there.
31. Raymond Gavins History. Still there.
32. Meg Greer - Romance Studies. On sabbatical 2007-2008. On leave 2010-2011. Not hanging around on campus too much these days, but still apparantly employed by Duke University.
33. Thavolia Glymph History. Still there. Associate Professor, African & American Studies.
34. Michael Hardt Literature. Still there. This is a real flake.
35. Joseph Harris - University Writing Program. Still there.
36. Karla Holloway English. Still there.
37. Bayo Holsey - African & African-American Studies. Still there, although listed as on leave for 2010-2011 academic year.
38. Mary Hovsepian Sociology. Still there.
39. Sherman James - Public Policy. Still there. African American Studies.
40. Alice Kaplan Literature. Still there; Emeritus.
41. Keval Kaur Khalsa - Dance Program. Has moved on to who knows where.
42. Ranjana Khanna English. Now appears to be in the Literature Program.
43. Ashley King - Romance Studies. Now lists her name as Ashley Elizabeth King-Scheu, and lists her field as Graduate Student in Absentia, French. Not sure what this means, but it doesnt sound like fast-tracking to me.
44. Claudia Koonz History. Still there.
45. Peter Lasch - Art, Art History. Still there.
46. Dan A. Lee Math. Has moved on.
47. Pat Leighten - Art, Art History, and Visual Studies. Still there.
48. Frank Lentricchia Literature. Appears to still be there. Got his Ph.D. from Duke in 1966, which would mean hes gettin up there.
49. Caroline Light - Institute for Critical U.S. Studies. May have moved on, may have changed her name. Her association with Duke seems to be tenuous, but cannot be said to have been broken.
If Duke would have fired Coach K for standing up for what was right, it was time to retire. Retiring would have been a “win” in that situation.
What would have probably resulted would have been an earlier end to the insanity, and K would still be coach. Brodhead and the faculty don’t have that much power, when it comes to Duke hoops, especially when they are/were provably in the wrong.
“Nuts and flakes” describes the vast majority of the modern liberal arts professoriate, and an even larger majority of those with “Studies” in their college’s/school’s title.
they will not learn from this....it’ll happen again....soft and mushy white folk love to bend over backwards to minorities just to seem “fair” and “diverse” even if it means dumping everyone else’s constitutional rights..