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Terry Pegula is ALLEGED to have said something very foul in the Jim Trotter lawsuit against the NFL


Roundybout

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the more i read about this, the more i think (and it's still not really clear to me) that trotter thinks he's got something on jones (i dunno if it's true or whatever, maybe it is) and the pegula thing and perhaps some other stuff in there is just padding to make it more of a bombshell.

 

this reminds me of like lore of old famous people or athletes and so on.  some interesting thing will happen and the story will get told and that interesting thing gets a little more interesting over time and other details get magnified and even changed over time.  it isn't even necessarily anyone being dishonest, or at least not intentionally dishonest, its just people remember the lore more than the event itself, even if it was on camera or what not.

 

goes to show the value of building and reinforcing a narrative.  if we don't have hard evidence and tests for the validity of things, perception can be and is (in many cases) much more important than reality.

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27 minutes ago, colin said:

the more i read about this, the more i think (and it's still not really clear to me) that trotter thinks he's got something on jones (i dunno if it's true or whatever, maybe it is) and the pegula thing and perhaps some other stuff in there is just padding to make it more of a bombshell.

 

this reminds me of like lore of old famous people or athletes and so on.  some interesting thing will happen and the story will get told and that interesting thing gets a little more interesting over time and other details get magnified and even changed over time.  it isn't even necessarily anyone being dishonest, or at least not intentionally dishonest, its just people remember the lore more than the event itself, even if it was on camera or what not.

 

goes to show the value of building and reinforcing a narrative.  if we don't have hard evidence and tests for the validity of things, perception can be and is (in many cases) much more important than reality.

Who gives a ***** if he does?

 

If pegula said this then he should be punished for being stupid. That's it.

 

I can only imagine the reality of following 99% of this forum behind closed doors and in private settings. I'm sure a lot could be made to look bad, and we are not angles. No one is right all the time. I hope I'm not being obtuse drawing parallels to our lives and that of rich billionaires, in just trying to set the record straight no one is perfect. Many of these posts have been accute to the point.

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3 hours ago, Coach Tuesday said:


Oh it’s worse than that.  Wigdor/Trotter will have to introduce admissible and reliable evidence to support this allegation.  How?  Trotter’s testimony about what he heard second-hand is hearsay.  It can’t come in for its truth.  MAYBE they’ll try to get it in for something else (the NFL’s pattern and practice of failing to investigate allegations of racism?  good luck).  So most likely they’ll need to present a witness who can actually testify based on direct knowledge that this was said.  But we know that no such witness has been located yet.  Unless there’s a record of it (recording, or perhaps some internal contemporaneous NFL memo of a report made), this allegation will never actually be presented to a jury.  And Wigdor surely knows this - meaning he was fine destroying Pegula’s reputation for a few more headlines.

 

Doug Wigdor is a scum bag.


The way I understand it (not a lawyer) is that he doesn’t have to prove that because that’s not what’s up for debate. What is being argued is that the NFL didn’t follow up on his report to about both this and Jones in 2020. In fact I don’t think Trotter is publicly accusing of Pegula, he’s publicly accusing the league of not even looking into it, and then it costing him his job once he pressed them. 
 

I think there’s a flip side here that really annoys me, that if Trotter is correct on his lawsuit, the league is the one who is tearing  Pegula down by refusing due diligence to officially clear the situation. 

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12 hours ago, AuntieEm said:

Well I don't think he was told he was getting a new contract.  I got that the hr person he spoke with had no reason to believe he wouldn't get a new contract but then not all hr personally are privy to the decision makers and how they make those decisions.

 

 

 

I’m sorry but what? Is this a response to my post because I’m not understanding.

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22 minutes ago, Mango said:


The way I understand it (not a lawyer) is that he doesn’t have to prove that because that’s not what’s up for debate. What is being argued is that the NFL didn’t follow up on his report to about both this and Jones in 2020. In fact I don’t think Trotter is publicly accusing of Pegula, he’s publicly accusing the league of not even looking into it, and then it costing him his job once he pressed them. 
 

I think there’s a flip side here that really annoys me, that if Trotter is correct on his lawsuit, the league is the one who is tearing  Pegula down by refusing due diligence to officially clear the situation. 

 

That's sort of right but it's complicated.

 

His claim is that he reported certain things to the NFL, the NFL didn't follow up on those reports and instead didn't renew his contract, in retaliation for his reporting.  In a nutshell.

 

So you're correct that under his theory, he doesn't have to prove that the things he told the NFL were true, just that he reported them and he was fired as a result.

 

But the specifics about what he told the NFL was hearsay (at least the Pegula part), and the league is surely going to object to it coming in that way.  I could see a judge saying, "Mr. Trotter, you can testify generally what you reported, but leave out the specifics, i.e., the name of the owner who you heard said something...", because the prejudicial impact of that evidence to the NFL (and Terry) outweighs its probative value.  Put simply: the specific report wasn't and isn't needed to prove up the claim.  Wigdor could've been responsible and respectful and pled the allegation like this: "On September 3, 2020 Trotter reported to the League that he had heard that one NFL owner used racist language."  That would be enough.  Putting in the specifics, which may well not be admissible at trial, was a needless hit-job/media attention exercise.

 

That's how I see it at least.

Edited by Coach Tuesday
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2 hours ago, Mr. WEO said:

 

It wasn't in a footnote.  It's article 5 in what appears to be the complaint's bill of particulars. #6 is the alleged direct quote of Jones.

 

So which "3rd world countries" might Pegula perhaps have said "something to the effect of" when referring the black NFL players as places they might otherwise live to compare freedoms?  Bolivia?   Laos?  Bangladesh?

Lol at your assumption that Pegula is guilty and digging into specific details of sentences when no one even knows if anything was actually said.  But….. Kraft inquiry was a witch hunt even though he was filmed getting a happy ending.  

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21 minutes ago, Coach Tuesday said:

 

That's sort of right but it's complicated.

 

His claim is that he reported certain things to the NFL, the NFL didn't follow up on those reports and instead didn't renew his contract, in retaliation for his reporting.  In a nutshell.

 

So you're correct that under his theory, he doesn't have to prove that the things he told the NFL were true, just that he reported them and he was fired as a result.

 

But the specifics about what he told the NFL was hearsay (at least the Pegula part), and the league is surely going to object to it coming in that way.  I could see a judge saying, "Mr. Trotter, you can testify generally what you reported, but leave out the specifics, i.e., the name of the owner who you heard said something...", because the prejudicial impact of that evidence to the NFL (and Terry) outweighs its probative value.  Put simply: the specific report wasn't and isn't needed to prove up the claim.  Wigdor could've been responsible and respectful and pled the allegation like this: "On September 3, 2020 Trotter reported to the League that he had heard that one NFL owner used racist language."  That would be enough.  Putting in the specifics, which may well not be admissible at trial, was a needless hit-job/media attention exercise.

 

That's how I see it at least.

 

Here's the problem for Trotter. His law suit doesn't allege Terry made the statement. 

 

It asserts it as fact. And then it turns out he wasn't in the room to have direct knowledge. So he is basing his statement of fact on somebody else's word. 

 

So no, he doesn't have to prove anything about Terry for his overall law suit against the NFL.

 

However, he made a statement of fact that he has no direct evidence to know for certain if it is true or false. 

 

That's a very dangerous position to be in when the potential damage to Pegula is massive. He either must really trust his source to be 100% spot on, or not think there's any repercussions for being wrong. 

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I haven't gone through the entire thread, so forgive me if these concerns have already been addressed.

 

In the suit, Trotter makes a claim of Pegula's racial statement, but doesn't give details of when or to whom it was said.

I'm pretty sure Pegula would never have said that to Trotter, if at all.

So, assuming it wasn't directed at Trotter, where does Trotter get this tidbit? Are we now making allegations in lawsuits based on second or third hand accounts? In criminal court this is defined as hearsay and is inadmissible.

 

Again, I don't know all the details, but I have a hard time understanding how anyone can claim the NFL and their network partners are racist when there's a hugely disproportional percentage (as compared to the US population) of minority hiring in the NFL as a whole.

I don't know what the numbers are for management and coaching. The representation of the behind the scenes people aren't as readily apparent to the casual viewer.

Every network commentator panel has more than fair representation of black commentators. Nearly every ad during the NBC broadcast Monday night featured minority actors and spokespeople.

 

Was he caught up in a numbers/budget scenario? Was he not completing assignments as required? Is it a case of a discontent (Trotter) making a money grab and hoping for a settlement to make him go away? Or is there actual merit?

 

I don't claim to know, but someone will have to explain to me where all this discrimination is occurring with the NFL and their partners. In my view, the NFL has been the model of equity and opportunity for minorities.  My impression is that Trotter is an A$$$hole and it's entire possible the Pegula statement is a fabrication of him and/or his legal representation.

 

If this is found to be without proof or merit, if I'm Pegula, I'm suing Trotter for defamation.

 

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9 hours ago, Motorin' said:

 

I believe Trotter is saying another reporter on a Zoom meeting relayed the allegation to 40 co-workers on the call. 

 

 

Then where are these 40 other people, would have been easy to find a few of them to collaborate the story…

8 hours ago, John from Riverside said:

Even if Terry didn’t do it, he should get his players together and say that he apologizes for the distraction

He’s said enough, he doesn’t need to go an apologize for someone else’s BS.

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23 hours ago, Roundybout said:


 

NFL reporter who filed a complaint about a lack of diversity after his NFL Network contract was not renewed

 

So, a guy with sour grapes. I don’t know what happened, and as always I’ll withhold judgement until we have something more firm than this allegation. Has this been corroborated in any way? I really don’t think Terry would be that ignorant, even if he felt that way (which I obviously hope he does not). 

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1 hour ago, Coach Tuesday said:

 

That's sort of right but it's complicated.

 

His claim is that he reported certain things to the NFL, the NFL didn't follow up on those reports and instead didn't renew his contract, in retaliation for his reporting.  In a nutshell.

 

So you're correct that under his theory, he doesn't have to prove that the things he told the NFL were true, just that he reported them and he was fired as a result.

 

But the specifics about what he told the NFL was hearsay (at least the Pegula part), and the league is surely going to object to it coming in that way.  I could see a judge saying, "Mr. Trotter, you can testify generally what you reported, but leave out the specifics, i.e., the name of the owner who you heard said something...", because the prejudicial impact of that evidence to the NFL (and Terry) outweighs its probative value.  Put simply: the specific report wasn't and isn't needed to prove up the claim.  Wigdor could've been responsible and respectful and pled the allegation like this: "On September 3, 2020 Trotter reported to the League that he had heard that one NFL owner used racist language."  That would be enough.  Putting in the specifics, which may well not be admissible at trial, was a needless hit-job/media attention exercise.

 

That's how I see it at least.


I get that to an extent.
 

But what’s up for debate is whether or not the league looked into fully once an official complaint was filed by one of its employees. I don’t know if it’s because Suits is trending again, but everybody is tossing around heresay. I’m no legal professional but I do not believe I need to meet the legal standard for a crime in order to submit an official complaint to my company and also receive an internal investigation. 

 

But to your specific point I don’t think if I quoted ann official complaint to my employer it qualifies as defamation. My goal in the original report would be a thorough investigation, but the result is losing my job.*
 

I get it from a Buffalo or Pegula standpoint. But I think it’s unintentionally myopic without much legal standing. HR doesn’t work for the employee they protect the employer. In theory an actual investigation would have put all this to bed. This is HR’s job. My guess is they didn’t do it because that would have provided an official paper trail. But now they likely don’t have much of a paper trail and are stuck in this position and a bit vulnerable to a much larger legal suit. 
 

*allegedly 

 

(also, again, not a lawyer)

58 minutes ago, Motorin' said:

 

Here's the problem for Trotter. His law suit doesn't allege Terry made the statement. 

 

It asserts it as fact. And then it turns out he wasn't in the room to have direct knowledge. So he is basing his statement of fact on somebody else's word. 

 


I disagree here. What he asserts as facts are that somebody told him this and he filed an official complaint with his employer. He also asserts that the league didn’t thoroughly investigate. 
 

He reported heresay to his employer. He admits as much. Which I think (ouch!) is fine. Almost all HR complaints are void of email, video, or audio recordings. Complaints to your employer don’t need to meet the same criteria for a criminal or civil complaint. 
 

Just my $0.02

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3 hours ago, Lost said:

 

In the context of @HappyDays post, if Terry's point was that NFL players can be spoiled brats, then he could have referenced literally any country.   Aside from a very small handful of soccer players, US has by far the highest paid athletes in the world and the best athletic programs.   Majority of Olympic athletes from nearly every competing country on earth except maybe China come to the US to train.   US is still the land of opportunity and biggest destination for most athletes.   

 

But we're debating 3rd party hearsay that has already mostly been debunked at this point.  

 

 

by whom?

1 hour ago, 4merper4mer said:

Lol at your assumption that Pegula is guilty and digging into specific details of sentences when no one even knows if anything was actually said.  But….. Kraft inquiry was a witch hunt even though he was filmed getting a happy ending.  

  that's incorrect.  I was responding to the hypothetical the poster posted.

 

Have someone help you with the reading.

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2 hours ago, Breakout Squad said:

I’m sorry but what? Is this a response to my post because I’m not understanding.

Prob hit reply on wrong message.  I was commenting on the person who said trotter wasted he was getting a new contract when I read in the complaint he was only talking with a hr person who said they saw no reason he wouldn't be offered a new contract.  So I was stating he wasn't given a new one then had it cancelled.

 

 Basically I see Mr trotter as trying to extort some money or position  in exchange for silence in not giving the nfl a bad look.  Kinda like amber turd trying to make Johnny Depp the abuser when she was more abusive  he just maybe got verbally abusive to the turd she is. My opinion on that only u may  hold different view on that.

 

 

 

 

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this story has been fairly quiet so far in the grand scheme of things. hasn't really been a major topic on the national shows best i can tell. when is the next media availability? that's probably the next layer. but to this point, no bills players have said anything right?

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2 hours ago, Motorin' said:

 

Here's the problem for Trotter. His law suit doesn't allege Terry made the statement. 

 

It asserts it as fact. And then it turns out he wasn't in the room to have direct knowledge. So he is basing his statement of fact on somebody else's word. 

 

So no, he doesn't have to prove anything about Terry for his overall law suit against the NFL.

 

However, he made a statement of fact that he has no direct evidence to know for certain if it is true or false. 

 

That's a very dangerous position to be in when the potential damage to Pegula is massive. He either must really trust his source to be 100% spot on, or not think there's any repercussions for being wrong. 

Seems that Trotter believes the world, and more specifically the NFL owes him a living. 

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4 minutes ago, beebe said:

this story has been fairly quiet so far in the grand scheme of things. hasn't really been a major topic on the national shows best i can tell. when is the next media availability? that's probably the next layer. but to this point, no bills players have said anything right?

It's not 2020 anymore, and my sense is that this playbook no longer works.  We'll see I guess.  The Buffalo news media still features a lot of the same people who bullied Matt Araiza out of town.  This will be a nice test to see how things have changed over the past 12 months.

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1 hour ago, Coach Tuesday said:

 

So you're correct that under his theory, he doesn't have to prove that the things he told the NFL were true, just that he reported them and he was fired as a result.

Coach: spot on w all of your analysis, including re Wigdor. Many thanks. Brief thought to add:

 

The case theory, per Statement, is strange: NFL as a "system"--owners, coaches, corporate, media leadership--is discriminatory, and profoundly centralized.

 

Simplistically put: because the system is so, my employment was not re-newed, I was harmed during my tenure, etc. Textually, they are linked.

 

And here's the things that support my theory of systemic bias: Gruden, my own management, Pegula, etc.

 

Given this, I would think he has to "prove" a preponderance of the beams and cement exist (i.e., allegations) in order to demonstrate the superstructure (i.e., system). I could be wrong, but that's the way it presents.

 

I won't get into the Causes of Action.

 

Anyway, I believe it's a flawed overall strategy. There's a skinnier way to get from A to B. This is to say nothing of the fact pattern issues.

 

@Bob Jones I'm not a lawyer but b/c of my background in a certain field, I review these all the time for case and deposition strategy/tactics, blah, blah.

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Looks like Goodell recently said that these allegations have been looked into and will be looked into to make sure they aren’t true.  
 

A bit of a gaffe there

 

https://www.nbcsports.com/nfl/profootballtalk/rumor-mill/news/roger-goodell-addresses-jim-trotters-lawsuit-suggests-league-will-investigate

 

Quote

Goodell suggested the league will investigate the alleged statements made by Pegula and Jones, in order to “make sure they’re factual.” But then Goodell said the allegations have “been looked into.”

 

 

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2 hours ago, SoMAn said:

I'm pretty sure Pegula would never have said that to Trotter, if at all.

So, assuming it wasn't directed at Trotter, where does Trotter get this tidbit? Are we now making allegations in lawsuits based on second or third hand accounts? In criminal court this is defined as hearsay and is inadmissible.


Also whoever originally named dropped Pegula could be looking at a slander suit, possibly libel if it’s in a written document.

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15 minutes ago, Mango said:

Looks like Goodell recently said that these allegations have been looked into and will be looked into to make sure they aren’t true.  
 

A bit of a gaffe there

 

https://www.nbcsports.com/nfl/profootballtalk/rumor-mill/news/roger-goodell-addresses-jim-trotters-lawsuit-suggests-league-will-investigate

 

 

 

 

Florio is so predictable.

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7 minutes ago, NyQuil said:


Also whoever originally named dropped Pegula could be looking at a slander suit, possibly libel if it’s in a written document.

That would require 30 billionairs to be subpoenaed. Also, a billionaire will gain nothing suing an unemployed “journalist” who will never work for a reputable media outlet again. 

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Money talks...BS Walks. And everything in the Buffalo Bills' body of work with regard to social justice initiatives and what they did as an organization after the Topps tragedy has been outstanding under current ownership. So with that in the backdrop Im to beleive that a mainly soft spoken Pegula...the guy who shed tears when mentioning the Topps victims just a few months ago...would just blurt something like this out? And on a companywide Zoom call to boot? Yeah...put me in the "skeptical" column on this claim. 

 

 

Edited by RkFast
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On 9/12/2023 at 12:27 PM, Process said:

Until there is proof I am siding with Terry. Like I mentioned before Trotter has been after the NFL for a long time. 

 

This type of allegation can destroy a person's life, family etc. You don't just accept it with zero evidence. 

 

If true we have a major problem and it's needs to be dealt with. Right now we don't know that it is. 

Yeah I have a hard time an owner with a minority wife would make a comment like this but who knows, he might have said it

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23 minutes ago, NyQuil said:


Also whoever originally named dropped Pegula could be looking at a slander suit, possibly libel if it’s in a written document.

The more I think about it, the more it sounds like the allegation was pulled out of thin air. How can anyone think a guy who's had a long term marriage to a woman of East Asian descent and whose children are half Asian is a racist?  He's in a business that greatly relies on the cooperative effort of people of different backgrounds working together to be successful.

 

Is there any prior documentation or allegations even remotely alluding to Pegula as a racist?

 

Sadly, the word 'racist' is hurled around casually simply because a person may disagree with someone's political stance or other view. According to some points of view, every one of you white males reading this is inherently racist.  I hope you're ashamed.

 

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9 minutes ago, RkFast said:

Money talks...BS Walks. And everything in the Buffalo Bills' body of work with regard to social justice initiatives and what they did as an organization after the Topps tragedy has been outstanding under current ownership. So between that and the idea that a mainly soft spoken Pegula would just blurt something like this out? And on a companywide Zoom call to boot? Put me in the "skeptical" column on this one. 

 

No! That is not what the law suit says.

 

The lawsuit says that on a Zoom call Trotter heard a reporter say that Pegula had said those things.

 

Trotter never heard Terry say anything to that effect. 

 

He is insisting it is a fact that Terry said those things because someone else told him so.

 

And the lawsuit goes on to claim it was swept under the rug because the NFL never interviewed Trotter in the investigation...

 

Why would anything Trotter has to say have any bearing on the truth of what Terry did or didn't say? He wasn't there to hear anything.

 

 

 

 

1 minute ago, SoMAn said:

The more I think about it, the more it sounds like the allegation was pulled out of thin air. How can anyone think a guy who's had a long term marriage to a woman of East Asian descent and whose children are half Asian is a racist?  He's in a business that greatly relies on the cooperative effort of people of different backgrounds working together to be successful.

 

Is there any prior documentation or allegations even remotely alluding to Pegula as a racist?

 

Sadly, the word 'racist' is hurled around casually simply because a person may disagree with someone's political stance or other view. According to some points of view, every one of you white males reading this is inherently racist.  I hope you're ashamed.

 

 

It goes back to the idea of, well I believe it's something someone like him would say. So there's no harm in me spreading a lie because everyone will believe it and no one will be able to prove I lied. 

Edited by Motorin'
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10 minutes ago, Motorin' said:

 

No! That is not what the law suit says.

 

The lawsuit says that on a Zoom call Trotter heard a reporter say that Pegula had said those things.

 

Trotter never heard Terry say anything to that effect. 

 

He is insisting it is a fact that Terry said those things because someone else told him so.

 

And the lawsuit goes on to claim it was swept under the rug because the NFL never interviewed Trotter in the investigation...

 

Why would anything Trotter have to say have any bearing on the truth of what Terry did or didn't say? He wasn't there to hear anything.

 

 

 

 

 

OK, then pull the statement about him doing it on a Zoom call out. Still doesnt wash for me. The claim is just counter to EVERYTHING with regard to Pegula's track record on this issue. 

 

Appreciate the clarification.

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3 hours ago, 4merper4mer said:

Lol at your assumption that Pegula is guilty and digging into specific details of sentences when no one even knows if anything was actually said.  But….. Kraft inquiry was a witch hunt even though he was filmed getting a happy ending.  

 

Are you surprised?  WEO believes everyone accused of something is guilty and/or has no defensed.  Except Bobby Kraft...

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2 hours ago, Mango said:


I get that to an extent.
 

But what’s up for debate is whether or not the league looked into fully once an official complaint was filed by one of its employees. I don’t know if it’s because Suits is trending again, but everybody is tossing around heresay. I’m no legal professional but I do not believe I need to meet the legal standard for a crime in order to submit an official complaint to my company and also receive an internal investigation. 

 

But to your specific point I don’t think if I quoted ann official complaint to my employer it qualifies as defamation. My goal in the original report would be a thorough investigation, but the result is losing my job.*
 

I get it from a Buffalo or Pegula standpoint. But I think it’s unintentionally myopic without much legal standing. HR doesn’t work for the employee they protect the employer. In theory an actual investigation would have put all this to bed. This is HR’s job. My guess is they didn’t do it because that would have provided an official paper trail. But now they likely don’t have much of a paper trail and are stuck in this position and a bit vulnerable to a much larger legal suit. 
 

*allegedly 

 

(also, again, not a lawyer)


I disagree here. What he asserts as facts are that somebody told him this and he filed an official complaint with his employer. He also asserts that the league didn’t thoroughly investigate. 
 

He reported heresay to his employer. He admits as much. Which I think (ouch!) is fine. Almost all HR complaints are void of email, video, or audio recordings. Complaints to your employer don’t need to meet the same criteria for a criminal or civil complaint. 
 

Just my $0.02

 

The lawsuit asserts it as a fact that Pegula said those things, and then only in the foot notes do you learn that Trotter never heard Pegula say them. 

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7 minutes ago, uticaclub said:

That would require 30 billionairs to be subpoenaed. Also, a billionaire will gain nothing suing an unemployed “journalist” who will never work for a reputable media outlet again. 


If I’m a billionaire and some douche accuses me of racist remarks that I never said in a written statement that goes viral and undermines my reputation, I’m suing. And then when that suit is settled, I’m filing another one, and another one in perpetuity, even if I lose every time. 

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1 minute ago, Over 29 years of fanhood said:


If I’m a billionaire and some douche accuses me of racist remarks that I never said in a written statement that goes viral and undermines my reputation, I’m suing. And then when that suit is settled, I’m filing another one, and another one in perpetuity, even if I lose every time. 

You ever hear phrase 'cant get blood from a turnip'? be a waste of time & money you can win easy in civil court but collecting funds is a whole different animal especially from someone who doesn't have any.

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10 minutes ago, Pecos Bills said:

This thread has so many instances of

"he has an Asian wife and children so he can't be racist"/

"his daughter dated a black player so he can't be racist"

that I almost wonder if you're all cribbing from the same substack or what? 🤨

 

Either way Trotter is blaming someone else for the quote and yet he isn't naming names, I question it tbh. 

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16 minutes ago, Motorin' said:

 

The lawsuit asserts it as a fact that Pegula said those things, and then only in the foot notes do you learn that Trotter never heard Pegula say them. 


An attorney over an Sabrespace has mentioned a few times that the “quote” from Pegula has immunity.

 

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A communication made by an attorney in a judicial proceeding is absolutely privileged if it is pertinent and relevant to the issues, although it may be false and malicious: Pitts v. King, 141 Or. 23 ( 15 P.2d 379, 472); 36 C.J. 1252. He cannot, however, in a judicial proceeding, utter defamatory matter wholly foreign to the issues and be protected under the shield of qualified privilege. To recover, therefore, against the defendant Vandenberg it was incumbent upon plaintiff to establish that the alleged defamatory matter spoken of and concerning her was irrelevant and impertinent to the issues in the murder case and that it was utteredwith express or actual malice: Cooper v. Phipps, 24 Or. 357 ( 33 P. 985).

Irwin v. Ashurst (1938)


 

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 Statements contained in a pleading in a lawsuit are protected speech afforded a qualified privilege which is a defense to a defamation claim.  Extremely hard (but not impossible) to pierce that privilege.


 

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But it's a qualified privilege, not an absolute privilege.  You *might* be able to challenge it if you can show that it was superfluous to the lawsuit and was put into the pleading in an effort to shield it from a defamation claim.  But that's a tough showing (and won't work here since it's related to the core claims).


Suits has been trending and now we are all internet lawyers.

 

Can’t wait until @HOUSE starts trending again and we can all trade in our (myself included) internet law degrees for internet medical degrees.

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16 minutes ago, Pecos Bills said:

This thread has so many instances of

"he has an Asian wife and children so he can't be racist"/

"his daughter dated a black player so he can't be racist"

that I almost wonder if you're all cribbing from the same substack or what? 🤨

 

 

Yet twice as many instances of, I heard it from a guy who heard it form a guy... so it must be true. 

 

Of course someone can harbor some racist thoughts, no matter who they marry. 

 

But the truth is nobody in this thread knows what he did or didn't say, and the person making the allegations admits he wasn't even there when they were supposedly uttered. 

 

I'll tell you what I find improbable, that a guy who owns a team of majority black players in a majority black league and has helped create generational wealth for dozens of black men thinks that black people should go back to Africa. 

 

That's standard white supremacist, "black people don't belong" in American language. 

 

If Terry Pegula thinks black people should go back to Africa he sure has a funny way of showing it. 

 

 

 

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15 minutes ago, BillsFan692 said:

You ever hear phrase 'cant get blood from a turnip'? be a waste of time & money you can win easy in civil court but collecting funds is a whole different animal especially from someone who doesn't have any.

You think the scenario I painted has anything to do with money? 
 

it’s about inflicting pain

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2 minutes ago, Mango said:


An attorney over an Sabrespace has mentioned a few times that the “quote” from Pegula has immunity.

 


 


 


Suits has been trending and now we are all internet lawyers.

 

Can’t wait until @HOUSE starts trending again and we can all trade in our (myself included) internet law degrees for internet medical degrees.

 

So Trotter is lying in so far as the law suit is the only place where he's made the allegation and he never actually insisted to the league that Terry in fact made those comments. Got it. 

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14 minutes ago, Over 29 years of fanhood said:

You think the scenario I painted has anything to do with money? 
 

it’s about inflicting pain

Pain? Trotter has nothing to lose and the more Terry sues him, the more he will look like a martyr while Pegula looks like an old white racist in the media, regardless of the facts.

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