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Thread: Nevada judge denies motions in Roethlisberger case

          
   
   
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  1. #1
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    Captcoolhand's Avatar
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    Nevada judge denies motions in Roethlisberger case

    CARSON CITY, Nev. (AP)—A Nevada judge denied motions by lawyers for Pittsburgh Steelers quarterback Ben Roethlisberger(notes) to dismiss a civil lawsuit alleging he raped a Lake Tahoe casino worker, according to court documents released Wednesday.
    Washoe District Judge Brent Adams rejected arguments that the suit should be dismissed, saying the woman’s allegations make a “sufficient” claim that if proven, would entitle her to relief.
    “The court recognizes that a motion to dismiss is only proper where it appears beyond doubt that the plaintiff could prove no set of facts which, if true, would entitle them to relief,” Adams wrote in the order filed late Tuesday.
    Adams also refused to strike the woman’s complaint, finding that as written, it is not “unnecessarily salacious or graphic,” as argued by Roethlisberger’s lawyers.
    In other brief orders, the judge also rejected arguments that the suit should be dismissed because it failed to name an “indispensable party”—that being Harrah’s Hotel-Casino—and denied Roethlisberger’s request to expedite discovery, or the sharing of evidence.
    Roethlisberger’s lawyer David Cornwell said that despite the outcome, his team was encouraged by the judge’s reasoning.
    “Finding that plaintiff survived this round because of a generous ‘beyond doubt’ standard indicates that, at these early stages, the court is inclined to give plaintiff her day in court,” Cornwell said in a written statement. “Of course, this cuts both ways.
    “In any event, her allegations remain false and we remain committed to a vigorous defense.”
    Cal Dunlap, the woman’s lawyer, has repeatedly declined comment on court filings and did so on Wednesday. The Associated Press, as a matter of policy, does not identify people who say they have been sexually assaulted.
    The woman, a 31-year-old VIP hostess at Harrah’s, filed a civil suit in July, alleging Roethlisberger sexually assaulted her while he was at Lake Tahoe the previous summer to compete in a celebrity golf tournament. The suit claimed she was hospitalized for several months because she was traumatized after the alleged attack.
    The woman’s suit seeks a minimum $440,000 in damages from Roethlisberger, unspecified punitive damages and at least $50,000 in damages from eight Harrah’s officials she accuses of orchestrating a cover-up of the incident.
    In a separate order, the judge dismissed a claim of trespass against former Harrah’s employee Stacy Dingman, identified in the woman’s suit as once being her best friend.
    Adams said a more definitive statement is needed for the woman to pursue conspiracy allegations against Dingman, but he left intact other claims of intentional infliction of emotional distress, invasion of privacy, defamation and punitive damages
    Even if the Bitch doesn't win, she going to make sure Ben's paying out the *** in Lawyer fees...........
    "It is hard to wait around for something that you know may never happen;but it's even harder to let go when it's everything you want"
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    LarryNJ's Avatar
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    Quote Originally Posted by Captcoolhand View Post
    Even if the Bitch doesn't win, she going to make sure Ben's paying out the *** in Lawyer fees...........
    How the hell is she affording the attorney? Or is it a "You don't pay if we don't get money for you" type of deal?
    "When you judge another, you do not define them, you define yourself."
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    lloydfan4life's Avatar
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    Quote Originally Posted by LarryNJ View Post
    How the hell is she affording the attorney?
    my guess would be


    "Here's an idea! Don't worry about sports and run the ****ing country!!!" - PsychoWard to Obama

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    Snake Champion steelersgal86's Avatar
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    Quote Originally Posted by LarryNJ View Post
    How the hell is she affording the attorney? Or is it a "You don't pay if we don't get money for you" type of deal?
    or


    Thanks for the sig Flea

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    Head Coach LatrobePA's Avatar
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    I say the Monica dress stain treatment!

    Come on already, can she just forget to check traffic one time B4 crossing??? This is getting OLD!
    "Happy Happy Happy"

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    Draft Pick JoeFlaccoSaysHi's Avatar
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    Don't they have emails from her where she's talking about marrying him only a few hours after the alleged rape??? I would think this legal experience would be very embarrassing for her. Clearly a woman scorned.

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    Head Coach LatrobePA's Avatar
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    Quote Originally Posted by JoeFlaccoSaysHi View Post
    Don't they have emails from her where she's talking about marrying him only a few hours after the alleged rape??? I would think this legal experience would be very embarrassing for her. Clearly a woman scorned.
    Yes the whole thing is strange...
    "Happy Happy Happy"

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    Draft Pick JoeFlaccoSaysHi's Avatar
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    Quote Originally Posted by LatrobePA View Post
    Yes the whole thing is strange...
    There really ought to be a harsh penalty for frivolous lawsuits. There was a guy who sued a Korean dry cleaner in DC a couple years back. They lost his pants and he sued them for $30M because he claimed they violated their "satifaction guaranteed" promise. Even though he was compensated for his pants the judge allowed the case to be heard and it racked up thousands of dollars in legal expenses for the business owner...money they didn't really have. They obviously threw the case out of court, but the damage was still done. Losing someone's pants is clearly not the same thing as alleged rape, but frivolous is frivolous.

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    Starter Callax's Avatar
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    Quote Originally Posted by JoeFlaccoSaysHi View Post
    There really ought to be a harsh penalty for frivolous lawsuits. There was a guy who sued a Korean dry cleaner in DC a couple years back. They lost his pants and he sued them for $30M because he claimed they violated their "satifaction guaranteed" promise. Even though he was compensated for his pants the judge allowed the case to be heard and it racked up thousands of dollars in legal expenses for the business owner...money they didn't really have. They obviously threw the case out of court, but the damage was still done. Losing someone's pants is clearly not the same thing as alleged rape, but frivolous is frivolous.
    The MORON suing the cleaner's WAS A JUDGE!!!!
    Shooting totally stupid people just on the basis of their stupidity should be legal
    We don't know what happened in that room
    I am "trusting" the system to find out the truth
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    Draft Pick JoeFlaccoSaysHi's Avatar
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    Quote Originally Posted by Callax View Post
    The MORON suing the cleaner's WAS A JUDGE!!!!
    Shooting totally stupid people just on the basis of their stupidity should be legal
    We don't know what happened in that room
    I am "trusting" the system to find out the truth
    While we don't know exactly what happened in that room...rape victims don't typically fantasize about marrying their attacker. I really hope Ben let's this go to court and she's humiliated. I'll be disappointed if they pay her off to make this go away.

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