As we reported three weeks ago, lawyers for Steelers quarterback Ben Roethlisberger sent to lawyer Calvin Dunlap, who represents the woman who has sued Roethlisberger for sexual assault, a motion for sanctions under Rule 11 of the Nevada Rules of Civil Procedure.
Most jurisdictions have adopted some form of “Rule 11,” the primary tactic for combating frivolous statements made in litigation by lawyers representing any of the parties.
The standard practice is to draft the paperwork, send it to the lawyer who has made the allegedly frivolous filing, and inform the lawyer that, if the frivolous document isn’t withdrawn within 21 days, the motion will be filed with the Court.
In this case, the three weeks expired on September 15. Per a source with knowledge of the situation, the motion for sanctions was filed Wednesday. (The actual filing of the motion was first reported by Joe Buck’s favorite web site, and strangely couched as an “exclusive” — even though the document is publicly available, and even though the existence of the motion was reported by an organization other than Joe Buck’s first (or second) favorite web site three weeks ago.)
Here’s a taste of page 8 of the motion, regarding the importance of the accuser’s decision not to file criminal charges:
“Plaintiff’s failure to report the alleged sexual assault was more than a speed bump in counsel’s race to get to the courthouse. It was an independent and objective fact that would cause ‘a trained professional who [is] expected to exercise independent judgment’ to at least investigate whether the absence of a criminal complaint against Mr. Roethlisberger was evidence of the absence of criminal conduct by Mr. Roethlisberger. It is particularly noteworthy that the witnesses who have refuted Plaintiffs false allegations are the same witnesses upon which law enforcement would have relied in determining whether to charge Mr. Roethlisberger with a crime. Rather than discharge the duty to investigate imposed by Palmer, Plaintiff s counsel chose to attack and, in some instance, sue the witnesses that [Nevada law] mandates he should have interviewed.”
If the Court concludes that Dunlap failed to properly investigate the case, he could be required to pay all attorneys’ fees incurred by Roethlisberger. As a practical matter, it’s rare that motions of this nature are granted, but it’s not unprecedented.
So, yes, this thing is getting uglier by the day. And, no, we don’t think the case will be going away, unless the accuser goes against the advice of counsel and caves.
So really what this means is……wait, what?
At what point does the Nevada Bar Association step in and tell her lawyer that he has more at stake here than simply missing out on a big pay day if they can pull off their scam of a civil suit?
Tune in for another episode of CSI: Roethlisberger’s Pants tomorrow at 8pm!
Big Ben raped the titans in the season opener….Does that count?
I’ll just save myself the time of having to read all the nonsensical ramblings of people like The Real Shuxion, Hayward Giablommi, Vox, Steeler-hater and anyone else and just tell you people right up front in response to whatever ignorant comment you’re going to make on this story that you’re an idiot. Ben is innocent, and this woman is a gold digging whore. And yes, the Steelers franchise has more super bowl wins than your team. Get over it.
What it means, boys and girls, is that this woman’s already shaky case is about to collapse into the ocean.
Only a moron couldn’t see how ridiculous her whole claim was in the first place — either that or a greedy lawyer.
Wait, huh? So Rapelisberger and his goons are close to succeeding? Well, that sucks. The Steelers way, I guess.
Roethlisberger should hace kept his pants zipped up and none os this would have happened. Remind him this is not the NBA
The kicker for the Nevada Rule 11 statute is the few words at the end of the line regarding possible sanctions: “some or all of the reasonable attorney’s fees and other expenses incurred as a direct result of the violation”.
Dunlap could be in for more than attorney fees – he could have to pay the “other expenses incurred as a direct result of the violation”. I wonder if Roethlisberger would be able to show additional expenses beyond attorney fees for handling the negative PR from this filing, such as payments to any PR consulting firms. Also – would the court be willing to consider loss of advertising revenue as an “expense” (if he does in fact lose any ads due to this case)?
Not saying the facts aren’t shaky but I don’t doubt that the luckiest QB in the NFL did something to this women. Everybody, including arthur blank, believed mike vick was innocent of killing dogs so couldn’t it be possible that we are wrong about fatburger molesting them?
I notice the sleeping judge has finally awakened to deny Ben’s motion for change of venue. Why hasn’t he advised the skank, um, I mean plaintiff, that she should seek the advice of another attorney who doesn’t have a personal stake in the outcome? You’ve said it’s rare for Rule 11 motions to be granted–and obviously Dunlap is gambling it won’t be in this case. Care to predict the odds? And since the wheels of justice turn so slowly, when might we get that ruling? Also, should we read anything into the judge denying Ben’s change of venue request?
“…cfuska says: September 17, 2009 11:22 AM
…nonsensical ramblings of people like The Real Shuxion, Hayward Giablommi, Vox, Steeler-hater …”
you Missed BP
What was Joe Buck’s second favorite website again?
What was Joe Buck’s second favorite website again?
jamaltimore says:
September 17, 2009 11:51 AM
Not saying the facts aren’t shaky but I don’t doubt that the luckiest QB in the NFL did something to this women. Everybody, including arthur blank, believed mike vick was innocent of killing dogs so couldn’t it be possible that we are wrong about fatburger molesting them?
________________________
That 3-0 last year stung, didn’t it?
That’s a rhetorical question. You answered it with your post.
Rothlishomo is so guilty. He’ll be in a soup line after losing the case and paying the plaintiff that $100 million contract.
@Florio’s Lawyer
Thanks for reminding me. I’m sure there’s a bunch out there with a mouthful of sour grapes. That’s their problem though, how bout it?
GO STEELERS!!!!!!!!!!
@mr.magoo
I love it. You hit the nail right on the head.
@ wearing my thinking cap ….Also, should we read anything into the judge denying Ben’s change of venue request
I dont think so Tthe judge stated that he thought that they could get a bypartisan jury in that county as well as the other…but my thinking is GOOD LUCK you find someonr in the United States that has already formed an opionion on this with all the media attention it ahs been getting and could make a fair judgement for either party involved..
“…# Ravens Fan says: September 17, 2009 12:46 PM
He’ll be in a soup line after losing the case and paying the plaintiff that $100 million contract….”
$100 million contract?
Contract for what exactly?
Another dumb-as-a-brick Rat-hens fan.
Clean up your own house felon fan.
To jamaltimore and RavensFan:
Are you posting from junior high, or is it that you’re just not too bright? Kathleen Turner may like that in a man, but I find your rape, homo, and fat jokes pretty sad. Is your Beavis and Butthead act typical of Ravens fans? (FYI, the Kathleen Turner bit is a reference to “Body Heat”–a classic I’m sure would twist your little brains into knots.)
Oh no go to http://www.rgj.com/ It shows a pic of the ambulance chaser ..im still laughing . I see now why the people of Reno call him Napolean Dunlap …he has that weasel look to him.LMAO
i see him and Mcnutty have alot in common ..Im sure she has fixed his TV a tiome or 2
jamaltimore says: September 17, 2009 11:51 AM
Not saying the facts aren’t shaky but I don’t doubt that the luckiest QB in the NFL did something to this women. Everybody, including arthur blank, believed mike vick was innocent of killing dogs so couldn’t it be possible that we are wrong about fatburger molesting them?
As far as I recall anyone paying attention to the Vick incident knew he was guilty. Probably Blank knew too but chose to blindly stand by his franchise QB. In this case anyone who can read knows Roethisberger is innocent.
First off there are two aspects for venue and Ben’s lawyers were in the right to try and get it changed, although I dont see how it will effect the case either way.
Secondly, has anybody else noticed that Baltimore fans like Jamaltimore & Ravens Fans are the only ones claiming he is guilty
Looks like that AFC Championship Game Loss is still hurting now
How many super bowls have the Ravens won?
Thats what I thought
HERE WE GO STEELERS
STEELER NATION
To wearingmythinking cap:
Is the cap mad of tinfoil to keep the bad rays off your brain or is just because you can wear whatever you want when your sitting in your basement all day watching bad 1980′s remakes?
In case you didn’t catch it the guy is being sued for rape a serious offense and he also happens to be the luckiest qb in the league who actually throws about the same amount of tds to picks every year.
Toothlessberger has been compared to Terry Bradshaw by the fans in the past. But back in the day, some people also claimed that former Steeler QB Terry “Baldshaw” was just a ”dumb as a post” hick.
Maybe people were right about the comparison between these two, since it would seem old Toothy is dumb enough to screw around with a woman who was basically a complete stranger to him. Not a bright move at all for a guy in his position.
My advice to Toothlessberger is “keep it in your shorts” from now on. If you can’t control yourself, then get yourself a girlfriend or a wife. Hopefully this has taught you a lesson.
Unless, of course, Toothy wants to have people think of him as some “dumb as a post” hick… the same way some people labeled old Baldy back in the day!
jamaltimore congratulations. you win the award for not only dumbest poster at PFT but dumbest screenname as well.
and if you want to talk about QBs who throw the same amount of TDs to picks why dont you look at your crappy QBs you guys have had every single year
To jamaltimore …
wearingmythinkingcap is a reference to the fact that I think before I post (think, punctuate, and all that good stuff). You might try it some time. And as a woman who’s a sexual assault survivor and has worked with dozens of rape victims, I think I probably know better than you that it’s a serious offense. That’s probably why I resent McNulty and Dunlap’s blatant extortion plan and you and your Ravens buddies using it to banter about “rothlishomo,” “fatburger,” and “toothlessberger.” For heaven’s sake, grow up.
To Missy, when I asked Florio whether we should read anything into the judge denying change of venue, I wasn’t questioning whether Ben can get a fair trial in Reno. No concerns there. I was just wondering whether that ruling might indicate the judge would be less friendly to Ben on the Rule 11 motion.
Ben is not the one who filed a change of venue if I remember correctly it was Ms. McNulty.
No, Ben filed the change of venue. Judge ruled for McNulty.
No, Ben filed the change of venue. Judge ruled for McNulty.
Florios’Lawyer says
Clean up your own house felon fan.
Tell Santurdio to light a dooby up with Harrison, then go beat Harrison’s girlfriend up. Or maybe call up Cedric Wilson and beat his girlfriend up to.
Think before you write dumba*s Squeeler fan. Squeelers have a team full of felons, idiot.
wearingmythinkingcap says:
Hey Beavis another dumb*ss Squeeler fan mention out names. Yea yea Butthead, Squeeler fans are douchbags.
Ravens Fan says:
September 17, 2009 5:36 PM
Florios’Lawyer says
Clean up your own house felon fan.
Tell Santurdio to light a dooby up with Harrison, then go beat Harrison’s girlfriend up. Or maybe call up Cedric Wilson and beat his girlfriend up to.
Think before you write dumba*s Squeeler fan. Squeelers have a team full of felons, idiot.
____________________
Which Steeler murdered someone?
Remember Bam Morris? When we cut a felon guess who signs them?
steeler-hater, I know you’re trying. You remind me of the kid in grade school who couldn’t wait to stop getting his ass whipped so he could start talking trash again.
ItalianArmyGuy,
I don’t think the court would go that far because if they follow the Rule 11 as the Federal Rules have it, which it looks like they do (the 21-day waiting period for filing is in the Federal Rules), the sanctions are meant to be somewhat limited. It reads like they’re supposed to be meant as a deterrence to attorneys, not damages for the defendant.
Florio,
Since I’m all of 5 weeks into my first year (after waiting 6 1/2 years since finishing undergrad, makes going back to school interesting), and I’m still trying to get a grasp of Civ Pro, could you put the Roethlisberger posts about this case together or provides some more links. We covered Rule 11 a couple weeks ago and really only went over one case with it.
Was a 12(b)(6) motion already filed? If not, would Rule 11 sanctions guarantee a 12(b)(6) dismissal or would they still be able to amend? Are they challenging the entire pleading under Rule 11 or just one part of it? One last thing for now, is her lawyer part of a big firm since Rule 11 would make the firm pay sanctions as well as the attorney? Sorry to geek it up with legal questions, but since we were just covering this stuff, this is a good exercise for Civ Pro.
Vito:
McNulty’s attorney, Calvin Dunlap, has a small firm with one partner, Monique Laxalt, niece of former Nevada governor and U.S. Senator Paul Laxalt. His firm, his pockets.
@ wearingmythinkingcap To Missy, when I asked Florio whether we should read anything into the judge denying change of venue, I wasn’t questioning whether Ben can get a fair trial in Reno. No concerns there. I was just wondering whether that ruling might indicate the judge would be less friendly to Ben on the Rule 11 motion.
sorry i caught that after i put that …didnt get a chance to repost my computer froze on me
bitter ravens trolls are bitter.
man those three losses to the Steelers last year are sittin’ heavy with those Ravens fans. It’s okay guys, i’d probably be bitter too. I mean to beat the same team three times in one year, that’s not luck, that’s domination. Yeah, it sucks to be a Ravens fan right now, i know. Especially when your star player is an accessory to murder.
I for one huge STEELERS Fan don’t for a second believe this she wants money and her 4o mintues of fame She is a money grabbing Blank all I Have To Say Go STEELERS
To all the Squeelers, Roethilishomo lovers, us Ravens fans are so enjoying the unsucessful legal motions. Homoboy is guilty as hell, and gonna pay the price. I hope they have a big enough cell for Homoboy, Harrison, Wilson, and Santurdio in Pissburgh. Am I missing anyone? Yea we’re loving life.
Wow Ravens Fan, i am just enshrouded in your stupidity. But I guess it would have to be a Ravens Fan to have that low of an intellgence level. It helps to know what you’re talking about before you post. Think before you type. I cannot stress that enough.
Ravens Fan says:
September 18, 2009 2:46 PM
To all the Squeelers, Roethilishomo lovers, us Ravens fans are so enjoying the unsucessful legal motions. Homoboy is guilty as hell, and gonna pay the price. I hope they have a big enough cell for Homoboy, Harrison, Wilson, and Santurdio in Pissburgh. Am I missing anyone? Yea we’re loving life.
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lol!
lmfao!
.