False accuser gets almost a million dollars!

[ronburgundy]

Why in the holy fuck does it take $2+ million to defend against such a lawsuit?

Because lawyers... and time. The cost of having a lawyer increases exponentially with time, which is why you settle EARLY!!! instead of late, so you don't accrue millions in bullshit lawyer fees.

^THIS^ Also, keep in mind were talking about a University with dozens of people potentially involved, needing to be interviewed, etc.. Plus, the school already admitted to failures to follow policy in reporting. So, they needed the lawyers to construct a defense where they were having prove/convince that they should not be financially liable, despite having been proven to have committed some of the key acts in the complaint.

But hey, Axulus, do you want to propose government regulations to limit such abusively gouging profits in the legal industry?

 

[Loren Pechtel]

Sigh, there is nothing in this case that indicates the accuser made a false accusation. The claim that "And of course, the rape most likely never happened - it was consensual sex and she saw opportunity to unjustly enrich herself by crying rape." is much more indicative of the morally debased views of the OP than it is of the actual facts of the case. Both the school and the police to mishandling the situation - something that is clearly stated in the linked OP article. Obviously, FSU decided this settlement was in their overall best interests.

If he was exonerated in the kangaroo court of the university he's almost certainly innocent..

 

[Jimmy Higgins]

Because lawyers... and time. The cost of having a lawyer increases exponentially with time, which is why you settle EARLY!!! instead of late, so you don't accrue millions in bullshit lawyer fees.

Linearly with time, actually. They charge by the hour.

 

[ronburgundy]

Because lawyers... and time. The cost of having a lawyer increases exponentially with time, which is why you settle EARLY!!! instead of late, so you don't accrue millions in bullshit lawyer fees.

Linearly with time, actually. They charge by the hour.

But a big team of lawyers plus expenses, plus experts, plus discovery services et al does add up fast. Still $2 million sounds like a lot for this case, but the other factor is they would factor in some probability of a rogue jury giving a huge award even if they felt the facts did not justify it. And, of course, whether the facts justify it may be more of a gray area than we know.

To be clear, the University's actual legal fees already accrued were $1.7 million. Had they gone to trial, it would have been closer to $5 million even without awarded damages.

 

[dismal]

Linearly with time, actually. They charge by the hour.

But a big team of lawyers plus expenses, plus experts, plus discovery services et al does add up fast. Still $2 million sounds like a lot for this case, but the other factor is they would factor in some probability of a rogue jury giving a huge award even if they felt the facts did not justify it. And, of course, whether the facts justify it may be more of a gray area than we know.

To be clear, the University's actual legal fees already accrued were $1.7 million. Had they gone to trial, it would have been closer to $5 million even without awarded damages.

That seems shockingly high compared to my experience, which is admittedly on very different sorts of issues. Corporate contract disputes and such. But if you had, say, a team of 5 lawyers working 50 hour weeks at $500 per hour your burn rate would be about $400,000 per month. It's just hard for me to imagine what that team of lawyers would be doing. In most of the issues I've been involved with you're getting most of the time of one lawyer and a small percentage of the time from a few others when issue come up demanding their expertise.

 

[ronburgundy]

To be clear, the University's actual legal fees already accrued were $1.7 million. Had they gone to trial, it would have been closer to $5 million even without awarded damages.

That seems shockingly high compared to my experience, which is admittedly on very different sorts of issues. Corporate contract disputes and such. But if you had, say, a team of 5 lawyers working 50 hour weeks at $500 per hour your burn rate would be about $400,000 per month. It's just hard for me to imagine what that team of lawyers would be doing. In most of the issues I've been involved with you're getting most of the time of one lawyer and a small percentage of the time from a few others when issue come up demanding their expertise.

I agree that its outrageous. But that is the amount reported. And that is only pre-trial work. Hourly rates often go up during trial.

 

[Axulus]

That seems shockingly high compared to my experience, which is admittedly on very different sorts of issues. Corporate contract disputes and such. But if you had, say, a team of 5 lawyers working 50 hour weeks at $500 per hour your burn rate would be about $400,000 per month. It's just hard for me to imagine what that team of lawyers would be doing. In most of the issues I've been involved with you're getting most of the time of one lawyer and a small percentage of the time from a few others when issue come up demanding their expertise.

I agree that its outrageous. But that is the amount reported. And that is only pre-trial work. Hourly rates often go up during trial.

Why are the hourly rates so high during a time when there is supposedly a glut of attorneys?

 

[dismal]

I agree that its outrageous. But that is the amount reported. And that is only pre-trial work. Hourly rates often go up during trial.

Why are the hourly rates so high during a time when there is supposedly a glut of attorneys?

I don't think there's a glut of blue chip firm attorneys. There is a call to be made as to whether to hire a blue chip firm, or go to a lesser firm for a lower rate. Or even some combination.

 

[fromderinside]

What utter bullshit! Jamais Winston was cleared by both state and the college, yet the college agreed to pay the false accuser Erica Kinsman $950,000. What the hell? Even if the rape had happened, how is that the school's fault and how is she entitled to almost a million dollars? And of course, the rape most likely never happened - it was consensual sex and she saw opportunity to unjustly enrich herself by crying rape. Unfortunately it has worked which will only embolden other women to make false allegations in the future.
Florida State agrees to pay Winston accuser $950,000 to settle suit

Its not so much about ms. Kinsman as it is about FSU, Leon County, Tallahassee police. She reported an assault. It wasn't even investigated or reported as required by University, state, and Federal Law. They hung themselves to the point where facts of the event no longer matter. Had it been a legitimate claim there is no evidence these turds would have behaved differently.

Removing the red herring makes it clear the system down there is rigged in favor of Ass-hole-etes. The same ass who was accused also went off in a cafeteria without consequences. WTH.

Pay up, clean up, get the field leveled.

 

[laughing dog]

I am neither a misogynist nor a rape appologist.

And I am sure this woman says she is not a liar or a false accuser. And there is as much evidence, if not more, to support her claim than yours.

 

[Jimmy Higgins]

I think Derec is upset that he doesn't get large sums of money for falsely accusing people of crimes.

 

[Toni]

The claim about drugged drink was proven false. Her constant changing of the story also indicates fabrication.

$950k is a lot of dough, even for FSU, to needlessly toss away.

Which is why they should not have done it. All it will do is embolden more women to falsely cry rape after consensual sex.

Really. It was disproved? When was that? How did they 'disprove' that?

 

[repoman]

Derec, sometimes I think you are going to end up like Ricardo Lopez.

 

[fast]

What utter bullshit! Jamais Winston was cleared by both state and the college, yet the college agreed to pay the false accuser Erica Kinsman $950,000. What the hell? Even if the rape had happened, how is that the school's fault and how is she entitled to almost a million dollars? And of course, the rape most likely never happened - it was consensual sex and she saw opportunity to unjustly enrich herself by crying rape. Unfortunately it has worked which will only embolden other women to make false allegations in the future.
Florida State agrees to pay Winston accuser $950,000 to settle suit

So are you willing to work for/donate to the Innocence Project yet?

Of course not. It's not necessarily the job of the complainer to do something about that which is being complained about.

If one has strong feelings about something they feel needs to be changed, they are not obliged to get off their ass and do something about it.

People who think otherwise might just be voicing their opinion that it's tiresome to listen to those who do nothing about that which they are adamant that something should be done.

 

[Frikki]

She made claims that were demonstrably false (like her drink being drugged).

More importantly, if you had bothered to actually read your own linked article, FSU admits to mishandling the allegation. It is just possible that FSU knows more about its self-interest and the actual facts of the situation than you do.

Or some of their leadership has drunk the same "women don't lie about rape" koolaid you have?

I know I could just as well talk to a block of granite but I have experience with emergency services and people often mistakenly think they were drugged when they were not. There is not conspiracy to keep the white man downtrodden.

 

[Playball40]

Yes yes yes!

She kept changing her story. She alleged that her drink was drugged but a blood test found only alcohol in her blood. And Winston was cleared by the school tribunal, despite "Dear Colleague"-mandated ridiculously low standards of evidence. She is (most likely) a false accuser and I hope Winson prevails in his countersuit and the judgment is at least $950,000.

Not all drugs are easily found by blood tests, and less likely as time passes. Drugs + alcohol = difficulty in being clear about details. FSU standing by their boy is unsurprising, as was the refusal of the police and campus to investigate in a timely fashion. Or at all.
\
The settlement is likely reflective of the fact that FSU fucked up. Big time.

 

[repoman]

Oh, this is Ricardo Lopez:

 

[whichphilosophy]

What utter bullshit! Jamais Winston was cleared by both state and the college, yet the college agreed to pay the false accuser Erica Kinsman $950,000. What the hell? Even if the rape had happened, how is that the school's fault and how is she entitled to almost a million dollars? And of course, the rape most likely never happened - it was consensual sex and she saw opportunity to unjustly enrich herself by crying rape. Unfortunately it has worked which will only embolden other women to make false allegations in the future.
Florida State agrees to pay Winston accuser $950,000 to settle suit

The article does not say she is a false accuser. The case against Winston is ongoing. FSU settled out of court to avoid the high cost of litigation. The case against Winston and his countersuit are both pending.

 

[Loren Pechtel]

What utter bullshit! Jamais Winston was cleared by both state and the college, yet the college agreed to pay the false accuser Erica Kinsman $950,000. What the hell? Even if the rape had happened, how is that the school's fault and how is she entitled to almost a million dollars? And of course, the rape most likely never happened - it was consensual sex and she saw opportunity to unjustly enrich herself by crying rape. Unfortunately it has worked which will only embolden other women to make false allegations in the future.
Florida State agrees to pay Winston accuser $950,000 to settle suit

The article does not say she is a false accuser. The case against Winston is ongoing. FSU settled out of court to avoid the high cost of litigation. The case against Winston and his countersuit are both pending.

Of course the article doesn't say it--it's not been proven.