Jerry Jabber Posted July 12, 2017 Share Posted July 12, 2017 Any chance the victims families have of winning a lawsuit against the Patriots, since Hernandez was employed by the Patriots? https://www.yahoo.com/sports/attorneys-patriots-compensate-families-aaron-hernandezs-victims-143530631.html Link to comment Share on other sites More sharing options...
aristocrat Posted July 12, 2017 Share Posted July 12, 2017 He was found not guilty and is apparently not guilty of all the crimes according to mass law. So I'd say no Sent from my iPhone using Tapatalk Link to comment Share on other sites More sharing options...
SlimShady'sSpaceForce Posted July 12, 2017 Share Posted July 12, 2017 their excuse? BB drove him to it? Link to comment Share on other sites More sharing options...
Romie Posted July 12, 2017 Share Posted July 12, 2017 Dream on, ya !@#$in dreamers. Sorry for your loss. Link to comment Share on other sites More sharing options...
DC Tom Posted July 12, 2017 Share Posted July 12, 2017 He was found not guilty and is apparently not guilty of all the crimes according to mass law. So I'd say no Sent from my iPhone using Tapatalk No, his convictions were vacated, meaning he maintains his innocence by a priori legal assumption. That is not even remotely the same thing as "found not guilty." Link to comment Share on other sites More sharing options...
DaBillsFanSince1973 Posted July 12, 2017 Share Posted July 12, 2017 must be pretty desperate to attempt to sue a football team that had nothing to do with the crime? Link to comment Share on other sites More sharing options...
I'm Spartacus Posted July 12, 2017 Share Posted July 12, 2017 grab that cash in both hands - and make a stash! Link to comment Share on other sites More sharing options...
Kirby Jackson Posted July 12, 2017 Share Posted July 12, 2017 No, his convictions were vacated, meaning he maintains his innocence by a priori legal assumption. That is not even remotely the same thing as "found not guilty." I think that is an important distinction because his estate probably has a fairly strong claim to the guaranteed portion of his money. If his estate were to win and then file chapter 11 would the victim's families be SOL? This feels like they are almost putting a lein on that guaranteed portion in the event that it is owed. Link to comment Share on other sites More sharing options...
Captain Murica Posted July 12, 2017 Share Posted July 12, 2017 Their logo causes the victim's family PTSD. Link to comment Share on other sites More sharing options...
boyst Posted July 12, 2017 Share Posted July 12, 2017 the families will settle in court with the patriots so the patriots can avoid bad press welcome to american torte system its !@#$ed up Link to comment Share on other sites More sharing options...
JM2009 Posted July 12, 2017 Share Posted July 12, 2017 must be pretty desperate to attempt to sue a football team that had nothing to do with the crime? Today's society. Link to comment Share on other sites More sharing options...
KellyToughII Posted July 12, 2017 Share Posted July 12, 2017 None of will most likely be kicked out Link to comment Share on other sites More sharing options...
KDIGGZ Posted July 12, 2017 Share Posted July 12, 2017 whatever happens i think Brady should be suspended and Belichick fined and the Patriots lose a draft pick! Link to comment Share on other sites More sharing options...
Fan in San Diego Posted July 12, 2017 Share Posted July 12, 2017 Pretty interesting legal stuff happening here. He was found guilty but only vacated because of his suicide. It will take years upon years to sort this one out but I could see them getting some compensation. whatever happens i think Brady should be suspended and Belichick fined and the Patriots lose a draft pick! Sounds good to me! Link to comment Share on other sites More sharing options...
Simon Says Posted July 12, 2017 Share Posted July 12, 2017 A civil case is much different than a criminal case and they have a year to put a case together. They might be claiming the Patriots still owe money to Hernandez (estate),which they could try to go for. Link to comment Share on other sites More sharing options...
Augie Posted July 12, 2017 Share Posted July 12, 2017 I think that is an important distinction because his estate probably has a fairly strong claim to the guaranteed portion of his money. If his estate were to win and then file chapter 11 would the victim's families be SOL? This feels like they are almost putting a lein on that guaranteed portion in the event that it is owed. I think this is a realistic view of the situation. But how can the estate file bankruptcy just to protect against the civil suit? Are there other factors/claims? This should be interesting to follow. I'm sure they have thought of all the angles..... The suit is not really because the Pats have done anything wrong, but that they may be the holders of the assets. Where are our resident lawyers? I promise not to tell any lawyer jokes! whatever happens i think Brady should be suspended and Belichick fined and the Patriots lose a draft pick! I thought that was so obvious it went without stating, but I guess one can't be too safe. Link to comment Share on other sites More sharing options...
JohnBonhamRocks Posted July 12, 2017 Share Posted July 12, 2017 Agree this is likely a move to try to grab some easy settlement money. Patriots* would rather throw some cash at it to make it go away than litigate and have it in the news for who knows how long. Link to comment Share on other sites More sharing options...
Kirby Jackson Posted July 12, 2017 Share Posted July 12, 2017 (edited) I think this is a realistic view of the situation. But how can the estate file bankruptcy just to protect against the civil suit? Are there other factors/claims? This should be interesting to follow. I'm sure they have thought of all the angles..... The suit is not really because the Pats have done anything wrong, but that they may be the holders of the assets. Where are our resident lawyers? I promise not to tell any lawyer jokes! I don't know. I'm banking on the victims racing to get their cut. He killed so many people that you probably want to be first in line to collect. It's tough though because I think that his conviction being vacated may make it tough to have those guys get paid. Edited July 12, 2017 by Kirby Jackson Link to comment Share on other sites More sharing options...
nuklz2594 Posted July 12, 2017 Share Posted July 12, 2017 thinking robbie is looking at sending a box or two....and being sad. Link to comment Share on other sites More sharing options...
OldTimeAFLGuy Posted July 12, 2017 Share Posted July 12, 2017 their excuse? BB drove him to it? ...deep pockets...... Link to comment Share on other sites More sharing options...
Delusional Bills Optimist Posted July 12, 2017 Share Posted July 12, 2017 I think this is a realistic view of the situation. But how can the estate file bankruptcy just to protect against the civil suit? Are there other factors/claims? This should be interesting to follow. I'm sure they have thought of all the angles..... The suit is not really because the Pats have done anything wrong, but that they may be the holders of the assets. Where are our resident lawyers? I promise not to tell any lawyer jokes! I thought that was so obvious it went without stating, but I guess one can't be too safe. The estate fiduciary (Executor/Administrator) typically has a duty to pursue and amass all estate assets. Assuming that the Patriots still owe Hernandez some portion of his contract wages, the fiduciary is required to pursue them. An estate cannot declare bankruptcy in the same way an individual or entity may. If it is insolvent because its debts or claims against it exceed its assets, then the estate is insolvent, and the various claims against it are apportioned according to the laws governing priority of claims. It's conceivable that this is the thinking behind the suit. The Patriots will likely argue that Hernandez's conduct obviates or breaches their contract in some way, and the wage claim, and therefore the claim against the estate, might thereafter be settled quietly and confidentially for a greater than zero (albeit less than sought) sum in order for the club to avoid bad press. But, I'm not admitted in Massachusetts or all that familiar with the details of its laws, so this is just generalized and wild speculation based on New York jurisprudence. Link to comment Share on other sites More sharing options...
frostbitmic Posted July 12, 2017 Share Posted July 12, 2017 As much as I despise Kraft and his patriots*, trying to get money from them for Hernadez' crimes would be like the Goldman's suing the Bills because of OJ. Link to comment Share on other sites More sharing options...
Kirby Jackson Posted July 12, 2017 Share Posted July 12, 2017 The estate fiduciary (Executor/Administrator) typically has a duty to pursue and amass all estate assets. Assuming that the Patriots still owe Hernandez some portion of his contract wages, the fiduciary is required to pursue them. An estate cannot declare bankruptcy in the same way an individual or entity may. If it is insolvent because its debts or claims against it exceed its assets, then the estate is insolvent, and the various claims against it are apportioned according to the laws governing priority of claims. It's conceivable that this is the thinking behind the suit. The Patriots will likely argue that Hernandez's conduct obviates or breaches their contract in some way, and the wage claim, and therefore the claim against the estate, might thereafter be settled quietly and confidentially for a greater than zero (albeit less than sought) sum in order for the club to avoid bad press. But, I'm not admitted in Massachusetts or all that familiar with the details of its laws, so this is just generalized and wild speculation based on New York jurisprudence. Great stuff and thanks for shedding some light on it!! Link to comment Share on other sites More sharing options...
OldTimeAFLGuy Posted July 12, 2017 Share Posted July 12, 2017 (edited) The estate fiduciary (Executor/Administrator) typically has a duty to pursue and amass all estate assets. Assuming that the Patriots still owe Hernandez some portion of his contract wages, the fiduciary is required to pursue them. An estate cannot declare bankruptcy in the same way an individual or entity may. If it is insolvent because its debts or claims against it exceed its assets, then the estate is insolvent, and the various claims against it are apportioned according to the laws governing priority of claims. It's conceivable that this is the thinking behind the suit. The Patriots will likely argue that Hernandez's conduct obviates or breaches their contract in some way, and the wage claim, and therefore the claim against the estate, might thereafter be settled quietly and confidentially for a greater than zero (albeit less than sought) sum in order for the club to avoid bad press. But, I'm not admitted in Massachusetts or all that familiar with the details of its laws, so this is just generalized and wild speculation based on New York jurisprudence. ....thanks for ringing in and sharing your legal knowledge....interesting stuff.....if I understand MA law, his death prior to exhausting all appeals voids all convictions and technically he is innocent...IF that interpretation is somewhat correct, Patriots defense of breach of contract or implied duties does not hold because MA law says he is innocent..... Edited July 12, 2017 by OldTimeAFLGuy Link to comment Share on other sites More sharing options...
Fan in San Diego Posted July 12, 2017 Share Posted July 12, 2017 As much as I despise Kraft and his patriots*, trying to get money from them for Hernadez' crimes would be like the Goldman's suing the Bills because of OJ. That is an interesting way of looking at it. But then the Bills didn't owe OJ any monies, otherwise they the Goldman's probably would have sued the Bills. Link to comment Share on other sites More sharing options...
aristocrat Posted July 12, 2017 Share Posted July 12, 2017 They're circumventing probate right? Or attempting to Sent from my iPhone using Tapatalk Link to comment Share on other sites More sharing options...
PurpLegacy Posted July 12, 2017 Share Posted July 12, 2017 No, his convictions were vacated, meaning he maintains his innocence by a priori legal assumption. That is not even remotely the same thing as "found not guilty." Did you even read the article? He was found not guilty for the drive by shooting of the two men, a separate incident from the Lloyd murder which he was found guilty. Link to comment Share on other sites More sharing options...
Malazan Posted July 12, 2017 Share Posted July 12, 2017 (edited) gotta sue some...err...everybody. It's the American Dream to have a loved one killed by an entity of some sort with deep pockets. Of course, they are doing this for justice, not money. Obviously. Edited July 12, 2017 by jeremy2020 Link to comment Share on other sites More sharing options...
Rochesterfan Posted July 13, 2017 Share Posted July 13, 2017 He was found not guilty and is apparently not guilty of all the crimes according to mass law. So I'd say no Sent from my iPhone using Tapatalk Two things: 1). OJ was found Innocent and yet lost the civil case - they are very different and guilty or innocent does not necessarily mean anything in the civil case. 2). I think the lawsuit is about money the Pats owe to Hernandez as much as anything else and this lawsuit gives them grounds to collect money before it gets to the Hernandez estate. I have no issues with this suit, but it depends upon the final interpretation. As much as I despise Kraft and his patriots*, trying to get money from them for Hernadez' crimes would be like the Goldman's suing the Bills because of OJ. If OJ had still been under contract - they probably would have to prevent the money going someplace they can not access. Even as it was OJ was found Not Guilty, but still lost the civil suit and was forced to pay a lot of money. Link to comment Share on other sites More sharing options...
4merper4mer Posted July 13, 2017 Share Posted July 13, 2017 Maybe they are trying to catch Kraft when he is drunk. In other words all the time. Link to comment Share on other sites More sharing options...
Gugny Posted July 13, 2017 Share Posted July 13, 2017 A family that has never had crap, because they never worked for crap, trying to get a lot of crap for nothing. No el surpriso. Link to comment Share on other sites More sharing options...
Over 29 years of fanhood Posted July 13, 2017 Share Posted July 13, 2017 (edited) Reminds me of that jerky boys skit... Edited July 13, 2017 by Over 28 years of fanhood Link to comment Share on other sites More sharing options...
KD in CA Posted July 13, 2017 Share Posted July 13, 2017 As much as I hate the Patriots, I hate legal system gold diggers a hundred times worse. !@#$ these scumbags. Link to comment Share on other sites More sharing options...
Jerry Jabber Posted July 13, 2017 Author Share Posted July 13, 2017 Reminds me of that jerky boys skit... The Jerky Boys are awesome! "Sue everybody..." Link to comment Share on other sites More sharing options...
Recommended Posts