Cornwell previously said Winston would file counterclaim, if sued for rape


Quarterback Jameis Winston and lawyer David Cornwell have yet to declare their plans for dealing with a lawsuit filed against Winston for rape.  Cornwell previously announced Winston’s plan for defending against civil litigation.

“If sued, [Winston] will counterclaim [and] sue [the alleged victim’s lawyers for] defamation & civil extortion. Can’t [be] defendants n counsel.  [Alleged victim] will need new [attorneys].”

Winston was not arrested or charged, and he was cleared by Florida State under a proceeding that explored whether he violated the university’s code of conduct.  Two weeks to the day before the start of the 2015 NFL draft, Winston has indeed been sued.

For many civil defendants, the knee-jerk reaction to being sued is to file a counterclaim.  It actually happens far less frequently, in large part because it’s a very aggressive posture that can alienate a jury once it’s time to go to trial.

14 responses to “Cornwell previously said Winston would file counterclaim, if sued for rape

  1. I don’t know much about this case, but I remember watching the police press conf clearing jameis and I’ll i could think was the police chief was wearing an fsu tie…just sayin (maybe it was just the colors lol)

  2. Kinsman is hoping for a settlement, and it’s not coming. She better get some new lawyers because Aunt Pat and the Kluhn guy are going to be part of the counter suit.

  3. I will start out by saying that I don’t know all the facts, and none of this should be interpreted as legal advice, but
    I believe defamation has a litigation exception that protects you from being sued for defamation for allegations made in court filings.

  4. It might be a good idea to first digest the complaint before filing a counter claim. It’s not a knee-jerk reaction that you want.

    Each element has to be addressed. There is no rush to file just to file. That’s dumb. He will “vigorously defend” and I’m certain the announcement it will contain that phrase. They all do.

  5. He’s a lawyer…what do you expect him to say. Of course he’s lying. The last thing they want is for any account of this incident to be read in open court.

    Now that she has filed suit, let’s see if the countersuit is actually filed or it’s just another lawyer doing what they do best–lie through his teeth.

  6. Gee wonder if they figure, hey make noise just before the draft and maybe you will get lucky and get paid off. Ya what an upstanding person that is to wait til now.

  7. Jameis’ counterclaim demands she do a few of odd jobs around his house every week.

  8. So, he allegedly rapes her in 2012 and waits three years until moments before he is drafted to cast a shadow over his draft prospects? I’m not one to blame a victim, and I try to give as much leeway to women who have the courage to stand up and accuse their attackers. But something tells me at the end of the day we will see a long trail of threats to ruin his draft if he doesn’t pay a LOT of money. Fortunately, with the rookie contracts so clearly spelled out for each position in the draft, if he does fall below #1, it will be easy to quantify damages. But something tells me she will not make enough money in the next 10 years to cover the monetary loss of even falling to #2. And if there is a papertrail of threats, he should press charges for extortion!

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