NU FB lawsuits

Gatabowl

Senior
Nov 30, 2022
2,013
491
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When all is said & done Northwestern will do what Northwestern does when Northwestern has A Problem: Throw money at The Problem. With both hands.
They have thrown money at their insurance company exactly for this sort of scenario
 

Gatabowl

Senior
Nov 30, 2022
2,013
491
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I would expect NU to have pretty high self retention, if not completely self insured.
I highly doubt NU is self insured especially for stuff like liability and executive and officer. Pat Ryan founded Aon for God’s sake!
 

No Chores

Senior
Jul 2, 2006
6,754
548
113
I would expect NU to have pretty high self retention, if not completely self insured.
Can't imagine that would be the case. Of course it's unknown where the excess coverage would pick up the ball, but as Gatabowl correctly points out, Pat Ryan was the Founder of AON.
 

xxxbobxxx

Sophomore
Mar 12, 2005
10,810
166
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I highly doubt NU is self insured especially for stuff like liability and executive and officer. Pat Ryan founded Aon for God’s sake!
Very good point. Probably have primary policy with high self retention and then an excess policy.
 

DaCat

All-Conference
May 29, 2001
25,587
1,998
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Just a fabulous word! Had to look it up, but in doing so I learned something. Only on an NU Message Board!:)
There’s not much opportunity to use words like this except on the NU Message Boards!
 

HSC111

Freshman
Apr 22, 2021
173
60
28
Interesting to see this board has more Fitz fans than Northwestern football fans.
 

Curdog7

Freshman
Jun 22, 2001
2,710
66
35
Interesting to see this board has more Fitz fans than Northwestern football fans.
I would imagine most if not all are both. I certainly am. A player and coach who devoted most of his life to the school (and was handsomely compensated for it), abruptly fired by someone brand new to the school. How this was handled by the admin will be a case study on how not to handle a crisis.
 

DaCat

All-Conference
May 29, 2001
25,587
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I would imagine most if not all are both. I certainly am. A player and coach who devoted most of his life to the school (and was handsomely compensated for it), abruptly fired by someone brand new to the school. How this was handled by the admin will be a case study on how not to handle a crisis.
Any decision to terminate Fitz should've been made independently from the hazing accusations, because that's all they were, accusations. Now his performance the last 4 years of his tenure = serious grounds for dismissal, especially after the 1-11 season, but again, that's a different matter.
 

Curdog7

Freshman
Jun 22, 2001
2,710
66
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Any decision to terminate Fitz should've been made independently from the hazing accusations, because that's all they were, accusations. Now his performance the last 4 years of his tenure = serious grounds for dismissal, especially after the 1-11 season, but again, that's a different matter.
Completely agree. I thought he should have been let go due to his coaching record since 2019. They could have let him resign or give him a job title in the AD. He deserved far better treatment from the admin.
 

DaCat

All-Conference
May 29, 2001
25,587
1,998
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Completely agree. I thought he should have been let go due to his coaching record since 2019. They could have let him resign or give him a job title in the AD. He deserved far better treatment from the admin.
I think Fitz earned some slack after the 2020 season, but after returning to 3-9, followed by 1-11, it seemed kind of obvious that a change was needed. We’ll never know if he would’ve won 8 or more games in 2023 like Braun, maybe in another universe he’s still holding snarky press conferences as he prepares for his 18th season as head coach.
 

PurpleWhiteBoy

Redshirt
Feb 25, 2021
5,303
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It’s also amazing how some on this board convict Fitz without a trial.
PPD:

This is one area that I find interesting. Like you and many others, I defended Fitz based on his purple blood, his efforts to make NU a better place, the fact that he was a very positive face for the university, all of that important stuff. Even the graduation rate and positive impact he had on his players and many students and alums. Even taking a knee to end a game when up by 6 on the opponents 2 yard line. There is a lot to like and respect about Pat Fitzgerald. Most of us think we know he is a man of great personal character. I don't know him personally.

But, I'm still trying to keep an open mind about what we don't know. For me the line remains "Did Fitzgerald order the 'running' of individual players, knowing that this practice caused those guys real emotional trauma?" I don't care at all about the "carwashes" and other goofy crap that goes on in locker rooms. Nor do I care about garbage accusations of racism. But, even when you really respect someone, you have to draw a line somewhere.

Beforehand. That way I can't give in to my inclination to make excuses for people I like.

I do agree with curdog (I think) that Fitzgerald is not in this only for the money. Thats important, of course. But he has a lot of pride. He will be inclined to get some personal revenge - and that may require depositions and even a trial.
 

xxxbobxxx

Sophomore
Mar 12, 2005
10,810
166
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I would imagine most if not all are both. I certainly am. A player and coach who devoted most of his life to the school (and was handsomely compensated for it), abruptly fired by someone brand new to the school. How this was handled by the admin will be a case study on how not to handle a crisis.
I winner how you felt about Bob knight’s dismissal
 

gradeck

Redshirt
Mar 22, 2011
166
8
12
Well my friend, I have tried about 175 cases to jury verdict many of which were complex cases, including numerous med mal cases and other high exposure cases. I was inducted as a fellow of the American College of Trial lawyers in 1993. My educated guess remains the same. Fitz's case will settle before any depositions are taken
You don’t think NU’s lawyers will want to at least depose Fitzgerald before settling?
 

xxxbobxxx

Sophomore
Mar 12, 2005
10,810
166
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The hazing lawsuits have been consolidated along with the PF case. Quite interesting in that all will now track simultaneously through the discovery process. PF uniquely sits as plaintiff and defendant.

With all cases joined, all attorneys will be acutely aware of the developments in each case as motion practice and discovery proceeds. Going to be real tough for PF to settle as plaintiff while the other cases continue.

Maybe we will get to the return after all…
 

No Chores

Senior
Jul 2, 2006
6,754
548
113
I really don't believe that the players' claims are worth much, and the big exposure for NU remains the Fitz claim, It's difficult to imagine, therefore, that NU would want to depose Fitz, thereby potentially increasing the value of his claim. Thus, I remain of the opinion that all claims will be settled without any discovery depositions being taken. Of course. I have no insider information, and have not accessed any of the court filings, and my opinion is based solely on my own experience handling many high exposure lawsuits.
 

Curdog7

Freshman
Jun 22, 2001
2,710
66
35
The hazing lawsuits have been consolidated along with the PF case. Quite interesting in that all will now track simultaneously through the discovery process. PF uniquely sits as plaintiff and defendant.

With all cases joined, all attorneys will be acutely aware of the developments in each case as motion practice and discovery proceeds. Going to be real tough for PF to settle as plaintiff while the other cases continue.

Maybe we will get to the return after all…
Maybe he doesn’t want to settle
 

PurpleWhiteBoy

Redshirt
Feb 25, 2021
5,303
0
0
I really don't believe that the players' claims are worth much, and the big exposure for NU remains the Fitz claim, It's difficult to imagine, therefore, that NU would want to depose Fitz, thereby potentially increasing the value of his claim. Thus, I remain of the opinion that all claims will be settled without any discovery depositions being taken. Of course. I have no insider information, and have not accessed any of the court filings, and my opinion is based solely on my own experience handling many high exposure lawsuits.

Isn't the university essentially on the side of the former players?

Pay them some $5 million to go away, but only after getting testimony under oath of how badly they were abused by Fitzgerald, who knew and directed the punishments, knowing that the players were suffering, etc. Basically pay for testimony that they'd never get if they deposed the same players to speak out against Fitzgerald in his lawsuit.

Having "established" that, NU then has ammunition to go after Fitzgerald?

Just speculating as to NU's strategy. (Not the ethics)
 

NUCat320

Senior
Dec 4, 2005
19,469
495
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Maybe he doesn’t want to settle
Fitz does not want to be on the stand. Insisting that he had no idea what was happening in his program would be damaging to his reputation as well.

Is it worse for your program to have a decade-plus car wash tradition, or for the person in charge to have no idea at all?
 

Curdog7

Freshman
Jun 22, 2001
2,710
66
35
Fitz does not want to be on the stand. Insisting that he had no idea what was happening in his program would be damaging to his reputation as well.

Is it worse for your program to have a decade-plus car wash tradition, or for the person in charge to have no idea at all?
He has already admitted he had no idea it was happening! The report said there was no evidence he knew about it (you can’t prove a negative so no evidence is the best you can do).

Again, when will we find out who the actual perpetrators are (after all they potentially committed sexual assault). The fire Fitz crowd does not seem too concerned to find out.
 

NUCat320

Senior
Dec 4, 2005
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He has already admitted he had no idea it was happening! The report said there was no evidence he knew about it (you can’t prove a negative so no evidence is the best you can do).

Again, when will we find out who the actual perpetrators are (after all they potentially committed sexual assault). The fire Fitz crowd does not seem too concerned to find out.
“So, (insert staffer here) testified that this was well-known, but you did not know?”
“I had no idea.”
“No idea?”
“The locker room is where they do their horseplay.”

“Okay. And (manager name) said that she found out about running within three weeks of coming to NU. And you had no idea.”
“No idea.”
“What is running, Mr. Fitzgerald?”
“Running is when you rapidly put one foot in front of the other.”

In testimony, he’d have to admit that he had no idea what was happening, while everyone else knew. Or he’d have to acknowledge that, even though he’s on record as a staunch anti-hazing advocate, that he simply excused it.

Those things are all reputationally damaging.

His lawyers’ best bet is to stick to the letter of the contract — which appears to have no ‘zero tolerance’ hazing clause, and no responsibility for players behavior, and only apparent responsibility for coaches felonious behavior — and get what they can (which will be a lot because, after all, Fitz got paid a lot).

The reporting indicates that there was no particularly egregious behavior by individuals. There are no broomsticks in orifices and there are no chocolate swirlies and there are no hospitalizations. There would not be sufficient evidence of individual convictions.

There was just, quite simply, a culture where it was accepted that young players and backups would deal with some harassment. The culture had problems. The head coach was blind to it.

He will not testify because it will make him look bad.
 

Curdog7

Freshman
Jun 22, 2001
2,710
66
35
“So, (insert staffer here) testified that this was well-known, but you did not know?”
“I had no idea.”
“No idea?”
“The locker room is where they do their horseplay.”

“Okay. And (manager name) said that she found out about running within three weeks of coming to NU. And you had no idea.”
“No idea.”
“What is running, Mr. Fitzgerald?”
“Running is when you rapidly put one foot in front of the other.”

In testimony, he’d have to admit that he had no idea what was happening, while everyone else knew. Or he’d have to acknowledge that, even though he’s on record as a staunch anti-hazing advocate, that he simply excused it.

Those things are all reputationally damaging.

His lawyers’ best bet is to stick to the letter of the contract — which appears to have no ‘zero tolerance’ hazing clause, and no responsibility for players behavior, and only apparent responsibility for coaches felonious behavior — and get what they can (which will be a lot because, after all, Fitz got paid a lot).

The reporting indicates that there was no particularly egregious behavior by individuals. There are no broomsticks in orifices and there are no chocolate swirlies and there are no hospitalizations. There would not be sufficient evidence of individual convictions.

There was just, quite simply, a culture where it was accepted that young players and backups would deal with some harassment. The culture had problems. The head coach was blind to it.

He will not testify because it will make him look bad.
Man, you seem to know a lot of facts about the case before it started. Impressive.

Also, no calls to find out who perpetrated the alleged acts. Take a lap
 

Curdog7

Freshman
Jun 22, 2001
2,710
66
35
“So, (insert staffer here) testified that this was well-known, but you did not know?”
“I had no idea.”
“No idea?”
“The locker room is where they do their horseplay.”

“Okay. And (manager name) said that she found out about running within three weeks of coming to NU. And you had no idea.”
“No idea.”
“What is running, Mr. Fitzgerald?”
“Running is when you rapidly put one foot in front of the other.”

In testimony, he’d have to admit that he had no idea what was happening, while everyone else knew. Or he’d have to acknowledge that, even though he’s on record as a staunch anti-hazing advocate, that he simply excused it.

Those things are all reputationally damaging.

His lawyers’ best bet is to stick to the letter of the contract — which appears to have no ‘zero tolerance’ hazing clause, and no responsibility for players behavior, and only apparent responsibility for coaches felonious behavior — and get what they can (which will be a lot because, after all, Fitz got paid a lot).

The reporting indicates that there was no particularly egregious behavior by individuals. There are no broomsticks in orifices and there are no chocolate swirlies and there are no hospitalizations. There would not be sufficient evidence of individual convictions.

There was just, quite simply, a culture where it was accepted that young players and backups would deal with some harassment. The culture had problems. The head coach was blind to it.

He will not testify because it will make him look bad.
That’s hilarious. Egregious enough activity to fire a coach with a sterling reputation but not egregious enough to punish the alleged perpetrators. That’s some tightrope you are walking.
 

NUCat320

Senior
Dec 4, 2005
19,469
495
0
@curdog , didn’t really want to dip any further in here. It’s a good thread for updates and I don’t want it to get capped😂

He could have truly had no idea. It’s just implausible.

I appreciate your passion.

Go Braun. Go whoever is playing quarterback next season. Go lakeside football. Go Cats!
 

Curdog7

Freshman
Jun 22, 2001
2,710
66
35
@curdog , didn’t really want to dip any further in here. It’s a good thread for updates and I don’t want it to get capped😂

He could have truly had no idea. It’s just implausible.

I appreciate your passion.

Go Braun. Go whoever is playing quarterback next season. Go lakeside football. Go Cats!
Whatever dude. I’m in the wait and see camp and you and many others are in the pitchfork camp. Might want to wait until more info comes out before making such claims. Have a good one.
 

xxxbobxxx

Sophomore
Mar 12, 2005
10,810
166
43
I really don't believe that the players' claims are worth much, and the big exposure for NU remains the Fitz claim, It's difficult to imagine, therefore, that NU would want to depose Fitz, thereby potentially increasing the value of his claim. Thus, I remain of the opinion that all claims will be settled without any discovery depositions being taken. Of course. I have no insider information, and have not accessed any of the court filings, and my opinion is based solely on my own experience handling many high exposure lawsuits.
Sure, but you know the plaintiffs will and NU will be there.
 

xxxbobxxx

Sophomore
Mar 12, 2005
10,810
166
43
Isn't the university essentially on the side of the former players?

Pay them some $5 million to go away, but only after getting testimony under oath of how badly they were abused by Fitzgerald, who knew and directed the punishments, knowing that the players were suffering, etc. Basically pay for testimony that they'd never get if they deposed the same players to speak out against Fitzgerald in his lawsuit.

Having "established" that, NU then has ammunition to go after Fitzgerald?

Just speculating as to NU's strategy. (Not the ethics)
NU is a defendant to all cases.