[Husker] buyout penalties (fwd)
Dick Karre
dkarre at comcast.net
Wed Jun 16 22:33:04 CDT 2010
Lynette Tillner wrote:
> So if NU or CU files the lawsuit, it could be tried (if it gets that
> far) in Lincoln or Denver? The Big XII - 2 would need to ask for a
> change in Venue to move it to a more neutral site?
>
I was never a trial lawyer, so my knowledge is a bit sketchy, but I
believe that if NU or CU filed in state court (presumably in Nebraska
and/or Colorado), the conference could seek to have the case removed to
federal district court because the parties (the university and the
conference) are residents of two different states. But the case would be
moved to the federal court in the state in which it was initially filed.
As I understand it, a "change of venue", as such, would probably not
apply. If it looks like this thing is going to court, NU might file suit
just to keep the thing out of the Texas courts. There's nothing wrong
with the courts in Texas, but judges are human, too, and I'd like our
chances better if the judge had NU season tickets. (I know, judges are
lawyers, but they really ARE human.)
Anyone out there with more experience in this area, please feel free to
chime in.
--
Dick Karre
dkarre at comcast.net
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