Bu$h Saga Continues

by bruinbabe2000 on May 30, 2008 9:41 AM PDT

I came across this story this morning. Not really much more in terms of new information, but I found myself shaking my head over this little tidbit.

The NCAA would love to document their answers, which were due to have been turned over last Friday to Lloyd Lake, the man suing Bush and his parents. But attorneys for Bush and his family objected to the discovery questions for various reasons and answered only about nine of them, according to Brian Watkins, Lake's attorney.

“They are doing whatever they can to avoid this,” Watkins said. “They're completely bogus objections.”

One thing was decided though:

Both sides met with Judge Joan M. Lewis yesterday to settle another matter: a date for Michaels to give his deposition (June 9). They met in Lewis' chambers, but both sides acknowledged complaining about the lack of discovery provided by the other side.

Swan said Lewis suggested each side bring a motion to compel discovery if there were problems.

Even if Bu$h did answer all those questions, I don't think the NCAA has the "testicular fortitude" to do the right thing.

This is a FanPost and does not necessarily reflect the views of BruinsNation's (BN) editors. It does reflect the views of this particular fan though, which is as important as the views of BN's editors.

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Avoiding Discovery

Damnit! I was going to post this story, but it seems I was beaten to the punch.

The ability of Reggie Bush’s legal team to dodge discovery is astounding. Here’s a question for all you lawyers out there; can Michaels with hold facts in a deposition due to his confidentiality agreement with Bush?

Victory or until next year!

by ncrpz2 on May 30, 2008 11:27 AM PDT 0 recs

Classic Soap Opera fodder

why watch daytime TV when you can keep track of the Reggie Bush saga? His actions are as petty as a teenage cheer leader drama queen. I’m not sure what he hopes to gain by his actions. The NCAA can’t/won’t touch him.

And if the NCAA doesn’t have the wherewithal to do anything; it’s safe to say the Heisman Trust will not do anything either. They have stated they would wait for the NCAA to finish it’s investigation before they decide their own course of action.

A coach is someone who can give correction without causing resentment. John Wooden

by MexiBruin on May 30, 2008 12:44 PM PDT 0 recs

I can't keep track of who's who

If Michaels is a party, then a party has to give up facts. If bu$h has a confidentiality agreement but asks a question about it, then it seems to me Michaels would have to answer. But it doesn’t matter – a private confidentiality agreement gets trumped by an order from a judge. What would be a bummer is if the judge issued an order that the discovery in the case is confidential. That has been done, but basically only in trade secret cases, or really pure privacy cases. Here, where a guy has a deal that’s against public policy at least, if not against the law, I wouldn’t think that a judge would require anything to be kept confidential.

by Fox 71 on May 30, 2008 2:33 PM PDT 0 recs

My recollection is

That Bush’s lawyers moved for a protective order and the judge denied the request. Take a look at the links here. I believe the discovery in this case will be open, though I don’t doubt that Bush’s lawyers will keep pushing for the confidentiality.

As for Michaels, I don’t believe he is a party. That wouldn’t stop Lake’s lawyers from subpoenaing him, and moving to compel his testimony if he refused to testify on the ground that he has a confidentiality agreement. But I wouldn’t be surprised if he takes the 5th. The only good news on that front is that Lake supposedly has agreed not to take the 5th.

by Menelaus on Jun 2, 2008 10:25 AM PDT up 0 recs

Discovery Games Are Commonplace

I’ve read studies that indicate that up to 80% of the fees collected by lawyers during litigation are related to discovery and discovery battles. I cannot remember one case I’ve worked on where both parties simply and directly answered the questions honestly. Enforcement proceedings are common.

Like Fox, I don’t see court ordered confidentiality entering this picture. In fact, I suspect the judge will get strict and force some answers. Why? Because if each side has dirt on the other, and is threatened with “honest discovery”, the parties will settle rather than answer—and enter into their own confidentiality agreement. Judges don’t like trials. They make judges work. Judges have ways of “encouraging” parties to settle, and discovery orders sometimes do the trick.

Unless Michaels thinks he is clean, and refuses to settle, we won’t learn much from these proceedings.

Fox set the stage correctly a while back. The only way litigation will bring about truth is if one of the parties is principled, refuses to settle, and drives the case forward. That’s why he was looking for a principled plaintiff who would have standing to bring a lawsuit against Bush or the NCAA.

sjh

by Class of 66 on May 30, 2008 3:17 PM PDT 0 recs

How about intervening?

Could the BN intervene (or Nestor on behalf of the BN) as part of the public’s right to know, or something like that. N, I guarantee you that you would have dozens of volunteer attorneys willing to handle the case. Times like these are not for false modesty—I’m very good at winning discovery games. I can object better than most and an get objections overruled better than most. I would love to take on both sides of bu$hgate.

Now as a geezer lawyer, I put it to all the junior lawyers in the BN—is there a basis to intervene?

by Fox 71 on May 30, 2008 8:22 PM PDT up 0 recs

N isn't here right now

which is why I’m minding the store for a bit.

I’m know we have plenty of lawyers and lawyers to be on here though to answer that question.

by Tydides on May 30, 2008 9:51 PM PDT up 0 recs

I don't know

I think the dispute is styled as basically a private contract dispute, with Bush just allegedly not paying back money to Lake. It may be difficult to come up with a private right to know angle, at least in the context of this lawsuit. That said, there may be other avenues to get this into court; I just can’t think of any right now.

by Menelaus on Jun 2, 2008 10:29 AM PDT up 0 recs

Now wait a second, Steve

If I were repping the plainitff here, I would be willing to settle. My terms would be simple: (1) bu$h pays my client 100 cents on the dollar, (2) bu$h pays interest, (3) bu$h pays attorneys fees, (4) bu$h makes a full confession; (5) bu$h admits to criminal violations (there have to be some somewhere in a deal like this; (6) bu$h agrees to cooperate fully with the ncaa investigators under penalty of liquidated damages of, let’s say, $100,000 per day, and finally (7) bu$h makes that full confession on national TV at a press conference on fhe front steps of the ncaa headquarters as he’s going inside to lance the putrid boil called justsc football. I wouldn’t have a problem with that kind of settlement.

by Fox 71 on May 31, 2008 4:26 AM PDT up 0 recs

Criminal Violations

Does anyone know for sure if those are involved in the case? Mr. BB was asking about that yesterday, because he said that if there are, bu$h could hide under the 5th Ammendment, but if not, he could be in contempt of court.

Please note, I find law incredibly boring. However, it seems that the people I respect the most in my life (my aunt) and on this board (66, Fox, N, Menelaus) are all lawyers.

by bruinbabe2000 on May 31, 2008 12:44 PM PDT up 0 recs

I don't believe so

As ridiculous as it might sound, as far as I know, there is nothing illegal about taking money to sign for an agent later. I think there are restrictions the other way around, with agents facing misdemeanor charges for paying athletes (see Mayo case). But, aside from violating a whole host of NCAA rules, I don’t know of any criminal wrongdoing that Bush is alleged to have participated in. That said, there are some conceivable theories Bush’s lawyers might latch onto- maybe a fear of being charged with conspiracy to launder money or something, and he take the fifth. But, that’s just speculation.

by Menelaus on Jun 2, 2008 10:32 AM PDT up 0 recs