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Duke, insurer hope to settle on lacrosse case
Raleigh News and Observer ^ | October 12, 2010 | Staff

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.

snip

(Excerpt) Read more at newsobserver.com ...


TOPICS: Crime/Corruption; Extended News; News/Current Events; US: North Carolina
KEYWORDS: duke; dukelax; lacrosse; nifong
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To: FreedomPoster

What did Coach K do?


21 posted on 10/12/2010 4:55:49 AM PDT by krb (Obama is a miserable failure.)
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To: rawhide
Has CNN's Nancy Grace ever apologized publicly or is she still on the side of the accuser?

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.

22 posted on 10/12/2010 4:58:07 AM PDT by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: krb; FreedomPoster
What did Coach K do?

Absolutely nothing. And that was the problem. He remained silent while innocent men were about to be lynched.

23 posted on 10/12/2010 4:59:47 AM PDT by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: FreedomPoster

Did Coach K do anything yo support his fellow coach?


24 posted on 10/12/2010 5:03:43 AM PDT by ardara
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To: nikos1121
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.

Lacrosse coach Mike Pressler sued and has since settled.

http://durhamwonderland.blogspot.com/2010/04/pressler-lawsuit-settled.html

25 posted on 10/12/2010 5:03:55 AM PDT by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: ardara

It took three months (after the case had begun to fall apart) before K could bring himself to speak.

http://nbcsports.msnbc.com/id/13446898/

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


26 posted on 10/12/2010 5:07:45 AM PDT by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: abb

Sports is just a game. It is what you do in REAL LIFE that counts.


27 posted on 10/12/2010 5:16:57 AM PDT by ardara
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To: TigerClaws

Please sue Wendy Murhphy and the Duke ‘professors’ who turned on the students in a heartbeat.

Never mind there was NO evidence against them.


28 posted on 10/12/2010 5:17:36 AM PDT by Carley (For those who fought for it, freedom has a flavor the protected will never know.)
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To: ardara

Indeed. And K was found wanting when it counted.


29 posted on 10/12/2010 5:17:54 AM PDT by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: abb

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.


30 posted on 10/12/2010 5:23:11 AM PDT by rawhide
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To: rawhide
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.

31 posted on 10/12/2010 5:25:57 AM PDT by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: abb

The gift that keeps on giving!!


32 posted on 10/12/2010 5:31:19 AM PDT by TommyDale (Independent - I already left the GOP because they were too liberal)
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To: abb
I hope the insurance company pays not one thin dime. This is an abuse of insurance. You take out insurance for the things you cannot foresee and do something about, not the things you deliberately do to yourself with malice of forethought.

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.

33 posted on 10/12/2010 5:35:14 AM PDT by AndyJackson
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To: nikos1121
Insurance policies typically have language requiring prompt notice to the company of any claim or potential claim and requiring that the company be told in advance of any plan to settle. However, a number of states require that an insurance company that relies on this language to avoid reimbursing the insured for a settlement must show that it was actually harmed by the failure to give notice.

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.

34 posted on 10/12/2010 6:46:00 AM PDT by blau993 (Fight Gerbil Swarming)
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To: abb; krb

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.


35 posted on 10/12/2010 6:58:29 AM PDT by FreedomPoster (No Representation without Taxation!)
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To: ardara

Coach K was worse than useless on the whole affair.


36 posted on 10/12/2010 6:59:27 AM PDT by FreedomPoster (No Representation without Taxation!)
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To: FreedomPoster
Instead, he hunkered down and said nothing.

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?

37 posted on 10/12/2010 7:06:18 AM PDT by krb (Obama is a miserable failure.)
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To: krb

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.


38 posted on 10/12/2010 7:08:06 AM PDT by FreedomPoster (No Representation without Taxation!)
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To: FreedomPoster

I agree, but tend to think that K was in an unwinnable situation.


39 posted on 10/12/2010 7:11:16 AM PDT by krb (Obama is a miserable failure.)
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To: abb
I checked the first 49 members of the "Duke 88." Of those 49, all but six are still at Duke, although one is an "administrative assistant," one got his Ph.D, from Duke, in 1966, so he's probably in his mid-70's, and one lists her field of research as "Graduate Student in Absentia, French."

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; she’s 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 guy’s 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 she’s 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.” It’s webpage includes this notice: “We’ve 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 doesn’t 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 he’s “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.


40 posted on 10/12/2010 7:20:41 AM PDT by Steely Tom (Obama goes on long after the thrill of Obama is gone)
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