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Roethlisberger filing motion to dismiss today

Today, Steelers quarterback Ben Roethlisberger will be filing a motion to dismiss the lawsuit filed against him by a Nevada woman claiming sexual assault.

The motion, we’re told, will advance various arguments in support of the entry of judgment in Roethlisberger’s favor.

One of the arguments will focus on the failure of the plaintiff to join Harrah’s as a defendant.  (The rules of civil procedure in most jurisdictions allow for motions to dismiss to be filed based on the failure to join an “indispensable” party.)

As we hear it, the Roethlisberger camp thinks that Harrah’s was omitted from the filing because the injury was work related, and that the plaintiff’s exclusively remedy arguably is a claim for workers’ compensation benefits.

Roethlisbeger, through lawyer David Cornwell, recently called on the plaintiff to abandon her case based on e-mail messages that seem to significantly undermine her claims.

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18 Responses to “Roethlisberger filing motion to dismiss today”
  1. BRYAN_NELMS says: Aug 21, 2009 5:06 PM

    you can dismiss the steelers superbowl chances.

  2. lebowski says: Aug 21, 2009 5:12 PM

    Why should he? He can always get a Presidential pardon!

  3. Hap says: Aug 21, 2009 5:12 PM

    Get her, Ben. Trample that witch with your bum leg and show her how ludicrous it was. Not a Steelaz fan, but I gotta side with The Big Guy on this one.

  4. danlinker says: Aug 21, 2009 5:16 PM

    Ben bought his way out. Pretty obvious. What an idiot. You win the super bowl, and this is what you do?
    Pretty funny.
    You’re in Vegas, it’s LEGAL to pay a women for sex (a top of the line woman with his bucks). But he goes this way. Bright guy.

  5. Dr. Michael says: Aug 21, 2009 5:42 PM

    Two questions: 1. Did Big Ben limp to file because of his injured achilles tendon? 2. Will he enlist Tony Dungheap to give the accuser a 2nd chance?

  6. American says: Aug 21, 2009 6:00 PM

    danlinker: “You’re in Vegas, it’s LEGAL to pay a women for sex (a top of the line woman with his bucks). But he goes this way. Bright guy.”
    You are incorrect. Prostitution is illegal in Clark County (Las Vegas). It is legal however in the rest of the state.
    Bright guy….eh?

  7. Ravens Macg says: Aug 21, 2009 6:01 PM

    Looks like Lil Ben’s going to do his best to wriggle off the hook…….just like the slimy worm he is!

  8. bdenny29 says: Aug 21, 2009 6:05 PM

    Good for the Messiah, AKA Ben, for going after her false claim. Her fraudulent claim does a severe injustice to real victims of assualt, not to mention drag the name of atrue champion through the mud in the name of a quick buck.

  9. mborz says: Aug 21, 2009 6:11 PM

    danlinker said: “Ben bought his way out. Pretty obvious.”
    Can you explain this in more detail?

  10. m1k3- says: Aug 21, 2009 6:11 PM

    # danlinker says: August 21, 2009 5:16 PM
    Ben bought his way out. Pretty obvious. What an idiot. You win the super bowl, and this is what you do?
    Pretty funny.
    You’re in Vegas, it’s LEGAL to pay a women for sex (a top of the line woman with his bucks). But he goes this way. Bright guy.
    ———————————————————————————-
    Wow. Yet another moron. WTF does this have to do with winning the Super Bowl?
    Maybe you’re used to paying for sex, but that doesn’t mean everyone else is.
    And by the way, you know Lake Tahoe is not in Las Vegas, right?

  11. YouGuysAreIdiots says: Aug 21, 2009 6:13 PM

    With the current evidence I would say that a rape never happened.
    But what is very evident is that Big Ben likes him some UGLY WOMEN, and he had to go to Reno to bag one!
    But then again, I have seen the women of Pittsburgh so this probably looked like good stuff to him.

  12. justafan says: Aug 21, 2009 6:19 PM

    Seriously – has anyone bothered to read the emails from this “victimized” woman?! After reading through them I can’t believe a lawyer actually took her case. (although I imagine he was hoping for a buy off to keep down the publicity) Then again – many lawyers in Vegas are used to taking just about any case imaginable…and this one is just that – “imagined”. Really though – in one of Florio’s previous posts he linked to the emails that are going to be submitted as evidence – check them out…very enlightening.

  13. nflqb says: Aug 21, 2009 6:37 PM

    This tramp thought she was gonna have a long term relationship with the 100 million dollar qb, when she realized that was not gonna happen she decided to file a lawsuit… end of story!

  14. tk1966 says: Aug 21, 2009 7:30 PM

    # danlinker says: August 21, 2009 5:16 PM
    Ben bought his way out. Pretty obvious. What an idiot. You win the super bowl, and this is what you do?
    Pretty funny.
    You’re in Vegas, it’s LEGAL to pay a women for sex (a top of the line woman with his bucks). But he goes this way. Bright guy.
    “Bought” Really? Care to enlighten us on this one? You can throw around bone-headed accusations and notions such as this, but please have something to back it up.
    And as others have pointed out, this didn’t allegedly occur in Vegas. And you’ve got the audacity to mockingly call him the “bright guy”.
    Are you sure that you didn’t make a mistake with your own moniker, and that you didn’t really mean “Dick Licker” instead of “Danlinker”?

  15. Siggy00 says: Aug 21, 2009 7:31 PM

    Looks like they are going after her lawyer…..
    The lawyers involved in the lawsuit filed by a Harrah’s Lake Tahoe employee, claiming Pittsburgh Steeler’s quarterback Ben Roethlisberger raped her, are exchanging threats and barbs, claiming each deserve to be punished for their actions in the case.
    Roethlisberger’s lawyers are threatening to sue Dunlap for defamation, among other claims, while Cal Dunlap, lawyer for Andrea McNulty, says a letter from Roethlisberger’s lawyers “borders on criminal extortion.”
    In a motion filed Thursday, Dunlap said Roethlisberger’s lawyers failed to follow standards of professional conduct when they attached an affidavit by McNulty’s former friend to a motion to change venue, and followed-up with a letter to Dunlap calling for McNulty to apologize, withdraw her claims, and help them go after Dunlap.
    The Aug. 19 settlement letter makes two proposals: The first calls for McNulty to dismiss her suit, sign a release and they will pay her attorney’s fees.
    The second proposal states that if she cooperates with Roethlisberger in his claims against Dunlap for extortion, abuse of process, malicious prosecution and defamation, they will release her from all claims.
    The letter also states that McNulty’s lawsuit was part of a conspiracy to extort and defame Roethlisberger, and said the “actual and intended result of this wrongful conduct has been, inter alia, to seriously impair his earning potential in an amount well exceeding $20 million.”
    Dunlap said Roethlisberger’s lawyers were trying to intimidate him and McNulty.
    “It appears that Mr. Roethlisberger is not satiated by the complained of assault on plaintiff, but needs to further assault her legal rights and wishes to assault and bully her counsel,” Dunlap said in a motion opposing Atlanta lawyer David Cornwell’s request to work on the case with local counsel John Echeverria.
    Cornwell responded by saying Dunlap and McNulty, were both at fault.
    “Mr. Dunlap hurled false and vicious attacks against good people into the public arena,” Cornwell said in an e-mail. “The evidence proves that Ms. McNulty knew and Mr. Dunlap knew or should have known that her allegations are false. This evidence was available to Mr. Dunlap before the scurrilous complaint was filed.
    “If Mr. Dunlap feels ‘bullied’ because he has to confront compelling evidence, especially Ms. McNulty’s contemporaneous statements and conduct, so be it.”
    McNulty has until Monday to accept Roethlisberger’s first offer, and has until Saturday, Aug. 29 to accept the second proposal.
    McNulty, who worked as an executive casino host for Harrah’s Lake Tahoe in 2008, filed a civil suit in Washoe District Court on July 17 claiming that Roethlisberger, who was attending a celebrity golf tournament, lured her to his room and raped her.
    The suit also names eight Harrah’s employees, claiming they conspired to cover up the alleged sexual assault.
    Roethlisberger has denied the claims, and two weeks ago, his lawyers filed a motion to move the case to Douglas County and included an affidavit by Angela Antonetti, who said she had worked with McNulty, and McNulty had bragged about having sex with Roethlisberger.
    Dunlap filed a motion Thursday opposing the move, and filed another saying that McNulty’s behavior following the alleged rape was common for sexual assault victims. He included court documents describing expert opinions on what he called Sexual Assault Syndrome.
    “Certainly defendant’s counsel is obligated to know these facts and the law before sending a letter that seeks to deprive plaintiff of her rights and that borders on criminal extortion,” Dunlap said.

  16. SixBurghDude says: Aug 22, 2009 1:28 AM

    @ YouGuysAreIdiots/danlinker–
    Did it ever cross your minds that it was probably hogg-nite?
    You guys, no doubt both being the macho dudes you so exude, would know what that’s all about, no???
    You remember that night…don’t lie, afterall how could you forget, no dude ever forgets the night that he proposes!
    The only difference here, as I see it, is that after hogg-nite, Ben didn’t end up with a fiance’!!!
    YOU TOOLS R-2 EZ……bwhahahahahahahahahaha

  17. SixBurghDude says: Aug 22, 2009 1:29 AM

    @ YouGuysAreIdiots/danlinker–
    Did it ever cross your minds that it was probably hogg-nite?
    You guys, no doubt both being the macho dudes you so exude, would know what that’s all about, no???
    You remember that night…don’t lie, afterall how could you forget, no dude ever forgets the night that he proposes!
    The only difference here, as I see it, is that after hogg-nite, Ben didn’t end up with a fiance’!!!
    YOU TOOLS R-2 EZ……bwhahahahahahahahahaha

  18. SixBurghDude says: Aug 22, 2009 2:19 AM

    @ YouGuysAreIdiots/danlinker–
    Did it ever cross your minds that it was probably hogg-nite?
    You guys, no doubt both being the macho dudes you so exude, would know what that’s all about, no???
    You remember that night…don’t lie, afterall how could you forget, no dude ever forgets the night that he proposes!
    The only difference here, as I see it, is that after hogg-nite, Ben didn’t end up with a fiance’!!!
    YOU TOOLS R-2 EZ……bwhahahahahahahahahaha

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