Sherrill's Lawsuit has Settled

[Dawgzilla]

Let me educate you on the settlement of lawsuits. None of that matters. You negotiate an amount that the Plaintiff and his attorneys are willing to take to go away. Plaintiff tries to scare the Defendant with damages calculations, and Defendants try to scare the Plaintiff with how weak his case is.

 

[Dawgzilla]

Again, the fact that this case sat around for 15 years tells me neither party was anxious to take this to trial.

I had a case sit around for 12 years, once. The Defendant was fine letting it sit there and not cost them any money, and the Plaintiff was happy telling his customers he had sued the Defendant over the matter. The Judge finally said we had to either go to trial or he was dropping the case, and we basically settled for attorneys' fees.

 

[Dawgzilla]

You assume he prevailed?

ETA: The poster I was responding to was asking about transcripts of the 1 day of trial testimony. That's what I was saying a journalist might hear. I assume the settlement discussion was totally in private.

 

[Dawgzilla]

$3,000? Yeah, I bet it was North of that.

 

[Dawgzilla]

It's not much of a headache to just have a lawsuit sitting around gathering dust. I have zero knowledge of what all went on in the case, but there is no way anything productive was happening during the full 15 years. My guess is there was a joint motion to stay the case, and then neither party was excited about lifting the stay and getting back to litigating.

If Jackie had wanted the case to move along, he almost certainly could have asked the Judge to set a trial date and gotten busy. (again, though, I don't know anything about the actual case).

 

[Duke Humphrey]

Two things I learned from CL article that I havent seen discussed:

-Jeff Bower was in on the reporting to NCAA too.

-Jagermeister has his own suit against The Kang for The Kang allegedly obtaining Jagermeister's phone records. Says he was embarrassed in front of his colleagues because some of the information was of "personal nature"

 

[dawgdr]

Not an attorney but would guess statute of limitations way gone but if can show that just became aware maybe you could. But i would think we just want to go away!

 

[maroonmadman]

You assume he prevailed?

ETA: The poster I was responding to was asking about transcripts of the 1 day of trial testimony. That's what I was saying a journalist might hear. I assume the settlement discussion was totally in private.

According to today's C-L (which no one in here reads) Jackie claims the settlement "vindicated" him so that to me sounds like a win for Jackie. It (The C-L article) also says That Jackie's wife testified as a character witness and several witnesses who refuted the NCAA investigator (Johanningmeier) also testified.

Another interesting point in the C-L article is that Johanningmeier has a lawsuit against Sherrill for allegedly obtaining his Johanningmeier's work phone records and using them in his testimony against the NCAA and embarrassing Johanningmeier because of the private nature of some of the calls.

You are correct in that the first (and apparently only) days testimony would be available. But as Schmuley points out, it will cost you some coins.

 

[Shmuley]

Um, $3 million, chief.

 

[yakalot2]

Two things I learned from CL article that I havent seen discussed:

-Jeff Bower was in on the reporting to NCAA too.

-Jagermeister has his own suit against The Kang for The Kang allegedly obtaining Jagermeister's phone records. Says he was embarrassed in front of his colleagues because some of the information was of "personal nature"

That’s a shame....

 

[Dawgzilla]

He could easily call a $1 settlement a "vindication".

I don't really put much weight on the C-L's claim that the first day of testimony damaged the NCAA's case, either. It was the first day of the Plaintiff putting on his case; it better be damaging to the Defendant or he is going to have a problem. The NCAA still had to put on their defense, and I seriously doubt they were surprised by any of the testimony on the first day.

Here is what we know: Johannigsmeir was listening to rumors from XenaReb, and he investigated those rumors. Most of the rumors were not true, and did not result in NCAA allegations, but he kept listening to her. He eventually came up with some stuff that stuck, but even the NCAA threw some of that stuff out because it either wasn't credible or it was based on the testimony of confidential witnesses with no corroborating evidence.

So, we had a lengthy 3 year investigation with many public rumors, but only small violations found at the end.

And how was Jackie really damaged by that? He came to MSU with a terrible reputation, and he upheld that reputation by getting us on probation in the mid 90s. He rebounded from 96-2000, but he only won 8 games in his last 3 years. I love Jackie and his time at State, but I don't think the NCAA is to blame for ending his coaching career. He never had a show cause of any sort, and he could have taken a job as an assistant or as a head coach at another level of the game.

It is possible he got a huge payday yesterday, I just doubt it.

 

[Dawgzilla]

That would be Extra large. I don't really travel in the organized crime circles, but in the Sopranos "large" was slang for a thousand dollars. I have never heard "large" used to be mean a million but maybe with inflation....

Now, if you said "$3K large", then I think we could all do the math!

 

[johnson86-1]

He could easily call a $1 settlement a "vindication".

I don't really put much weight on the C-L's claim that the first day of testimony damaged the NCAA's case, either. It was the first day of the Plaintiff putting on his case; it better be damaging to the Defendant or he is going to have a problem. The NCAA still had to put on their defense, and I seriously doubt they were surprised by any of the testimony on the first day.

Here is what we know: Johannigsmeir was listening to rumors from XenaReb, and he investigated those rumors. Most of the rumors were not true, and did not result in NCAA allegations, but he kept listening to her. He eventually came up with some stuff that stuck, but even the NCAA threw some of that stuff out because it either wasn't credible or it was based on the testimony of confidential witnesses with no corroborating evidence.

So, we had a lengthy 3 year investigation with many public rumors, but only small violations found at the end.

And how was Jackie really damaged by that? He came to MSU with a terrible reputation, and he upheld that reputation by getting us on probation in the mid 90s. He rebounded from 96-2000, but he only won 8 games in his last 3 years. I love Jackie and his time at State, but I don't think the NCAA is to blame for ending his coaching career. He never had a show cause of any sort, and he could have taken a job as an assistant or as a head coach at another level of the game.

It is possible he got a huge payday yesterday, I just doubt it.

It's highly unlikely they were surprised, but they may have been gauging the jury's reaction to it and decided they were screwed. Alternatively, they may have known there was worse coming and were hoping they could negotiate the settlement down by holding out, but always were going to pay what was requested if necessary to keep one of the other witnesses from testifying. Or maybe Jackie got testimony he wanted and decided to he was willing to accept what was previously offered now that he had some stuff on the record under oath that clears him and shows how ridiculous the investigation was.

We'll never know, but I doubt Jackie settled for chump change simply because at this point, the rest of the trial isn't that expensive and it would be embarrassing for the NCAA and not for him. Hell, it might not have even been the NCAA that paid the settlement. It's certainly possible other people with means had an interest in shutting down testimony before it got more embarrassing for them and the NCAA was willing to just settle if it didn't cost them anything.

 

[CoastRat.sixpack]

It might be available directly from the court reporter. But it would cost a pretty penny.

it would be about $3 or $4 per page, and it is double spaced with wide margins (not many words per page, thus a lot of pages).

 

[Dawgzilla]

Or maybe Jackie got testimony he wanted and decided to he was willing to accept what was previously offered now that he had some stuff on the record under oath that clears him and shows how ridiculous the investigation was.

This is what I suspect. Once Johanningmeir admitted he was chasing down unsubstantiated rumors, then Jackie was satisfied with his "day in court". I doubt this was about the money for him, because I don't think there is much money to be had for damaging a reputation that was already terrible.

We can speculate all we want, but all we know for sure is that the parties eventually agreed to settle. Actually being in court tends to motivate both parties to seek a compromise.

 

[Felonious Junk]

Throughout this entire thread you written a thousand words on a topic that you have repeatedly admitted you don’t have any specific knowledge of yet you continue to write with an authority like you do know.

The truth of the matter is that everything you’re making assumptions about is incorrect. You’re wrong about the reason it was delayed for 15 years, you’re incredibly wrong about the settlement, you’re wrong about the way the settlement was eventually agreed to. Specifically m I mean the NCAA tried multiple times before the case went to trial to settle and Jackie refused because he knew what the eventual result would be. He eventually agreed because it was shown that Rich Johanningmeier and Xena Reb are liars with a personal vendetta going back to his days at AnM. And yes, the money was a big factor. He was prevented from making a living at the age of 59 because of lies from a corrupt institution.

 

[paindonthurt_]

Well clearly the plaintiff won.
He could argue a lot higher than $1M.
He probably has a legit argument for $5M plus.

 

[karlchilders.sixpack]

Supeona power?

vs NCAA bs power?

 

[Dawgtruc]

-Jagermeister has his own suit against The Kang for The Kang allegedly obtaining Jagermeister's phone records. Says he was embarrassed in front of his colleagues because some of the information was of "personal nature"

Yeah the personal nature was that he was bonking xena.

 

[dawgface]

7 figures is WAY TOO SMALL for what the NCAA and the landfish supporters (XenaReb, et al) did to jackie!!! they deprived him of his chosen profession for a coupla decades at a time when he was very successful and could have written his own ticket. just imagine what that would mean in these days of multi-million salaries! jackie should have gotten AT LEAST $100 MILLION AND A PUBLIC APOLOGY AND RETRACTION OF ALL SLANDEROUS STATEMENTS ABOUT HIM! i personally am in favor of scorched earth as retribution for this when when it comes to the landfish and it renegade athletic “boosters” and coaches!!!#%?!@&$!

 

[Dawgzilla]

Yeah, and the NCAA has a legit argument for $0. False rumors about Sherrill's recruiting tactics leaked out during the investigation, but where is the evidence that those rumors caused him any real harm?

To declare Sherrill the "winner", you have to define victory. I think it is likely the NCAA paid him something, but if he was holding out for millions and settled for, say, $500K, did he actually "win"? Or did he "win" just by having Johannigsmeir (I think I have spelled his name differently in every post) admit that he was chasing down false rumors? It is all just speculation on our part.

 

[Dawgzilla]

I haven't tried to speak with any authority at all. I've been clear about that. I just think some of the wild speculation on the details may be off base, and pointing out that people have no facts to base those guesses on. I don't have a lot of facts either, just my own unrelated experiences, but I think I have been very clear about that.

If you have facts you can share, feel free. All I ever said was I would be surprised if he got 7 figures, but I don't mind being surprised.

ETA: But this part that you posted: "He was prevented from making a living at the age of 59 because of lies from a corrupt institution" isn't really true.

 

[paindonthurt_]

I’m not saying this is certain but there’s lots of evidence out there Sherrill wanted to see this through.
Common sense says the ncaa wanted it to go away. What defendant doesn’t want a lawsuit to go away under most circumstances?

They get to trial.

Witnesses get called.

They settle all of a sudden.

Not saying it is so, but logic points to sherrill being the victor here.