College basketball coach Billy Gillispie is no stranger to the news. He’s been the coach at Texas A&M, Kentucky, and Texas Tech, among others. But this story is a little odd.
Having been fired from his last two jobs, Gillispie finds himself the coach of Ranger College, a Texas junior college. In his first year, Gillispie created quite the turn-around, taking the program from a 2-23 record to a 31-7 record in his first year.
Or so he thought.
The National Junior College Athletic Association had different ideas.
Joshua Simmons was one of the players on Gillispie’s team. Prior to joining Ranger College, Simmons played (very sparingly) for Spartansburg Methodist College. While there, a team trainer filled out an NBA draft declaration form on Simmons’ behalf, signed Simmons’ name, and submitted the form to the NBA.
After the season, the NJCAA began investigating whether Simmons was an ineligible player, potentially having violated the NJCAA’s rules that students who have entered the NBA draft are not eligible to play.
After an investigation, the NJCAA ruled Simmons was ineligible and ordered Ranger College to forfeit all of its wins for the season.
Ranger College appealed the decision to an arbitrator, and that’s where the lessons come in.
This case seems like a no-brainer. Simmons didn’t enter the draft himself, the evidence established that Simmons never filled out the NBA’s packet of information to try and become draft-eligible, and prior to the draft, Simmons’ family sent a letter to the NBA trying to clarify that he did not want to be considered draft-eligible.
Surely an arbitrator would do what’s right.
Of course not. Ranger College learned hard lessons about arbitration that we often warn our clients about.
Arbitrators often don’t do what is right or fair. Too often, arbitrators are biased in favor of the parties whom they routinely see before them — whether that’s the NJCAA, an insurance company, or a credit card company.
Lesson number two: you can’t appeal the arbitrator’s opinion. In the court system, if the judge or jury makes an error, then the party can appeal the wrong decision. That’s not true with arbitration. Arbitrators have an almost unbridled authority to do what they want. They make a mistake? No appeal. They don’t understand evidence? No appeal. They refuse to listen to you? No appeal. A party to arbitration is stuck with a decision no matter how big a mistake an arbitrator makes.
Those are hard lessons to accept for clients who have to endure arbitrations, whatever the nature.
The post A Lesson In Arbitration From A Weird College Basketball Story first appeared on SEONewsWire.net.]]>
I’m not a huge NBA fan, but over the last few days, I have been listening to a variety of talk show hosts discuss the trade of former NBA MVP Derrick Rose from the Chicago Bulls to the New York Knicks in exchange for a few of the Knicks’ players.
Normally, that wouldn’t be all that news-worthy, especially in the lawsuit context. But one of the commentators made a point that was familiar to me.
When this commentator was asked who got the better part of the trade, the Bulls or the Knicks, the commentator laughed and said, “You know, both of the fan bases are pretty unhappy with the trade, which tells me that it was probably a pretty fair trade.”
I laughed to myself when I heard that because that’s advice I find myself giving a lot of clients. In most settlements, the plaintiff settled for less than they really wanted, and the defendant paid more than they really wanted. And I usually tell clients that when that happens, it’s a pretty good indication that the settlement is a fair settlement.
Now, that’s not to say that we never have a negotiation or settlement where we feel like we’ve been overly-compensated, but it’s rare — insurance companies aren’t in the business of just handing out money. And in NBA or NFL or MLB trades, there are some trades where you can look at the deal and know that one side was really coming out much better than the other.
But more often than not, in most trades and in most settlement negotiations, both sides usually end up walking away a little disappointed, and that’s usually a signal that it was probably a pretty fair result.
The post Mediation/Settlement Lessons From An NBA Trade first appeared on SEONewsWire.net.]]>
Late last month, former NBA player, Mookie Blaylock, was involved in a serious accident in Clayton County, which left him in critical condition, according to police. Authorities reported that he had currently been undergoing treatment for a seizure related condition, but it is not clear whether that played a role in the collision.
Blaylock was reportedly driving northbound in an SUV on Tara Boulevard in Jonesboro, when he crossed the median line and crashed head on into a van carrying two individuals.
According to authorities, a woman in the van died following the injuries she sustained during the crash. The other passenger, a man, suffered a broken ankle and was later released from this hospital. Blaylock was initially airlifted to a hospital, and was put on life support, until being upgraded to critical condition, then serious, and later fair condition prior to his release.
Subsequent reports stated that Blaylock has since been jailed for his role in the accident. He was reportedly charged with vehiclar manslaughter. He had allegedly previously been charged with driving with a suspended license, and failure to stay in his lane.
Blaylock reportedly voluntarily surrendered Monday, and is being held without bond.
Blaylock’s attorney said in a statement that the former NBA player had blacked out before the crash. Authorities are continuing their investigation in order to determine the cause of the crash, and have stated that they do not believe that alcohol was a factor.
The information regarding the criminal charges in this case remain unclear. However, if an individual who has a disorder that causes them to black out at unpredictable times, such as when driving, then does black out while driving, leading to the harm of another, this can potentially create not only criminal liability, but also civil. Driving in a dangerous manner, whether due to an underlying condition, or for other reasons, such as failure to observe the speed limit, are behaviors that could potentially be considered negligent, and thus may give rise to a personal injury lawsuit.
Individuals hurt or killed in car accidents due to another driver’s negligence could potentially pursue a personal injury lawsuit under a negligence or wrongful death cause of action. In either case, recoverable damages include things like pain and suffering, hospital bills, lost wages, loss of companionship, funeral expenses and, in some cases, punitive damages.
If you have been injured, or a loved one has been killed in a car accident due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. Stephen Ozcomert is an experienced personal injury attorney, with over 20 years of experience, and is skilled at representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. By hiring our law firm, you can count on personal attention, excellent quality representation, and high ethical standards. Call us today in order to schedule your free initial consultation. You can contact us through our website or by calling (404)-370-1000.
More Blog Posts:
Tow Truck Slams into Car in Tragic Accident on Atlanta’s Westside, Atlanta Personal Injury Lawyer Blog, published June 5, 2013
Unarmed Man Shot and Tasered To Death by Police Results in Wrongful Death Lawsuit, Atlanta Personal Injury Lawyer Blog, published February 27, 2013
The post Former NBA Player involved in Tragic Car Accident in Suburban Atlanta first appeared on SEONewsWire.net.]]>Late last month, former NBA player, Mookie Blaylock, was involved in a serious accident in Clayton County, which left him in critical condition, according to police. Authorities reported that he had currently been undergoing treatment for a seizure related condition, but it is not clear whether that played a role in the collision.
Blaylock was reportedly driving northbound in an SUV on Tara Boulevard in Jonesboro, when he crossed the median line and crashed head on into a van carrying two individuals.
According to authorities, a woman in the van died following the injuries she sustained during the crash. The other passenger, a man, suffered a broken ankle and was later released from this hospital. Blaylock was initially airlifted to a hospital, and was put on life support, until being upgraded to critical condition, then serious, and later fair condition prior to his release.
Subsequent reports stated that Blaylock has since been jailed for his role in the accident. He was reportedly charged with vehiclar manslaughter. He had allegedly previously been charged with driving with a suspended license, and failure to stay in his lane.
Blaylock reportedly voluntarily surrendered Monday, and is being held without bond.
Blaylock’s attorney said in a statement that the former NBA player had blacked out before the crash. Authorities are continuing their investigation in order to determine the cause of the crash, and have stated that they do not believe that alcohol was a factor.
The information regarding the criminal charges in this case remain unclear. However, if an individual who has a disorder that causes them to black out at unpredictable times, such as when driving, then does black out while driving, leading to the harm of another, this can potentially create not only criminal liability, but also civil. Driving in a dangerous manner, whether due to an underlying condition, or for other reasons, such as failure to observe the speed limit, are behaviors that could potentially be considered negligent, and thus may give rise to a personal injury lawsuit.
Individuals hurt or killed in car accidents due to another driver’s negligence could potentially pursue a personal injury lawsuit under a negligence or wrongful death cause of action. In either case, recoverable damages include things like pain and suffering, hospital bills, lost wages, loss of companionship, funeral expenses and, in some cases, punitive damages.
If you have been injured, or a loved one has been killed in a car accident due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. Stephen Ozcomert is an experienced personal injury attorney, with over 20 years of experience, and is skilled at representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. By hiring our law firm, you can count on personal attention, excellent quality representation, and high ethical standards. Call us today in order to schedule your free initial consultation. You can contact us through our website or by calling (404)-370-1000.
More Blog Posts:
Tow Truck Slams into Car in Tragic Accident on Atlanta’s Westside, Atlanta Personal Injury Lawyer Blog, published June 5, 2013
Unarmed Man Shot and Tasered To Death by Police Results in Wrongful Death Lawsuit, Atlanta Personal Injury Lawyer Blog, published February 27, 2013
