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Here's the link to the opinion.Quote:
Originally Posted by BirdofParadise
http://www.la-fcca.org/Opinions/Pub2...n%20Appeal.pdf
And for you black helicopter types, please note that this UNANIMOUS decision came out of the First Circuit in BATON ROUGE!!!.~.
isn't that where the case was originally tried? so, one buffon--one judicial panel with some sense.Quote:
Originally Posted by AstroCajun
Actually, The trial judge was for us before he was against us.Quote:
Originally Posted by Cajun Saint
Trial Judge Granted Summary Judgment to dismiss the claim.
Court of Appeals steps in and says that Baldwin did just enought to get a day in court.
THEN
Trial Court commits multiple reversible errors which forced the court of appeal to reverse.
Error No.1 - failing to strike a juror who had a pending racial discrimination claim
Error No. 2 - failing to strike an expert who was not qualified to state an opinion.
Error No. 3 - failing to harmonize the verdict form (Baldwin was not fired "because of" racism but racism was a "factor" in his firing)
Error No. 4 - issuing a verdict when it was evident that there were not enough votes on Questions 6 and 8 (they needed proof of 9 out of 12)
I hope there's a better jury pool the next go round.
why not?Quote:
Originally Posted by spearchucker
Please comment I need a good laugh.Quote:
Originally Posted by Zeebart21
Just saw Z Jr. studying hard at CC's.
was he alone?Quote:
Originally Posted by RaginCajun77
Z
I'm waiting for the black coaches association to come to our aid and say hey this school has a history of equality. Black athletes before it was cool. Black head coaches in major sports. Where are you black coaches association!!! Why don't you spank the hand of Jerry, tell him to burn his race card and get a j.o.b. ?
So, he doesn't get one single red penny?
Not now, he doesn't. But they'll have another trial and he'll get his say in court again.Quote:
Originally Posted by leeman
Reading those documents sheds a lot of light on the case. Simply put, the jurors in that case were idiots. And I'm being nice.
Quote:
<table bgcolor=#eaeaea> <td> <font color=#000000> <blockquote> <p align=justify>
A state appeal court has thrown out the $2 million verdict a jury awarded former University of Louisiana football coach Jerry Baldwin in a lawsuit claiming racial discrimination in his firing.
In an opinion released Wednesday, the state 1st Circuit Court of Appeal in Baton Rouge cited problems with jury selection, confusion over the jury verdict form and an expert witness who should not have been allowed to testify.
A three-judge appeals panel wrote that “a fair, impartial resolution requires a new trial.”
“This ruling clears the way for a new trial, at which we will continue to vigorously contest Coach Baldwin’s allegations,” UL’s attorneys in the case, the Oats and Hudson firm, said in a written statement. “We are confident that at a fair trial the jury will recognize that he was fired because of his 6 wins and 27 losses and not because of his race.”
<center><p><a href="http://www.2theadvocate.com/news/49657137.html?showAll=y&c=y" target="_blank">The rest of the story</a>
By RICHARD BURGESS
Advocate Acadiana bureau
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Baldwin’s attorney, G. Karl Bernard, said he will ask the appeal court to reconsider its ruling and, if that fails, ask the state Supreme Court to review the decision.
If those efforts are not successful, Bernard said he will take the case back to trial.
“We’re hopeful that when the dust settles, coach Baldwin’s name will be restored,” Bernard said.
The appeals court ruling noted two decisions by 19th Judicial District Judge Don Johnson in Baton Rouge as critical in affecting the fairness of the trial.
In the first, the judge refused to dismiss a black woman juror who said she had been subjected to racial discrimination by a white supervisor while working as a state employee.
ULL attorneys said her experience could lead to a bias in favor of Baldwin, but the judge denied the challenge to the juror when Baldwin’s attorneys argued the university wanted to dismiss the juror because she was black.
The woman had said she could put her experience aside and render a fair decision, but the appeals panel wrote the university had a “reasonable basis” to suspect she might not.
The appeals court also found Johnson wrongly granted “expert witness” status to a man who testified about how being fired might make it difficult for Baldwin to obtain another coaching job.
The appeals judge ruled that the man offered only a personal view unsupported by any “indicia of reliability.”
Baldwin, ULL’s first black head football coach, alleges he was fired in 2001 for racial reasons.
The university has maintained the coach was fired because of his losing record of 6-27 in three seasons and weak attendance at home football games.
A jury of six white people and six black people voted 10-2 in 2007 to award Baldwin $500,000 for general damages and emotional distress, $600,000 for past lost wages, and $900,000 for future lost wages.
The jury voted that race was not the only factor in Baldwin’s termination but that it did play a role.
Baldwin was an assistant coach at LSU from 1993 until 1999 when he was hired by UL.
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Good for that SOB. He just wants something for nothing, like alot of other people in this world.
This is good news for UL. Although it looks like we are years away from seeing final resolution to the matter.