Bush Library/Lawsuit

[SMU Football Blog]

I guess GWB is waiting to get this nut/creep paid-off to give the "official" announcement (as if there is anyone who hasn't figured it out).

(p.s. methinks=1 word)

screwyou

[jtstang]

Me thinks there might be a settlement in the works.

Not exactly:

http://www.dallasnews.com/sharedcontent ... a08ad.html

[SMU Football Blog]

Boy was I wrong. So Vodicka got his tenant to remove the lawsuit to Bankruptcy Court. And a lawsuit where the parties have already received relief from the stay to hear it, too. The gall of this guy is amazing.

Nothing gets me excited like a long, drawn out dispute over bankruptcy jurisdiction. There is no way in heck the Bankruptcy Court keeps this case.

[SMU Football Blog]

I think Vodicka officially stepped over the line this week.

His tenant, Jetton, that is in bankruptcy filed a notice of removal on 8/21. Jetton filed the Notice pro se, without a lawyer, even though Jetton has a bankruptcy attorney and another attorney in another matter. The Notice of Removal is not simple as it has a number of cites in it and meets all the procedural requirements. I put the odds that Jetton actually drafted the Notice of Removal at about 1,000,000 to 1.

On 8/23, Vodicka filed his notice of jury demand in the bankruptcy court. The jury demand is his right, but it is almost a guarantee that the BK Court will refuse to hear his suit in the bankruptcy court. It also means that as a practical matter he has to personally oppose the removal. Interestingly, the Jury Demand is in the same font and style as Notice of Removal. I would put the odds that Vodicka drafted Jetton's Notice of Removal at about 3 to 2.

Basically, I think it is obvious on its face that Vodicka drafted both the Notice of Removal and the Jury Demand. Therefore, he is playing both sides in an effort to delay and I think it is obvious to the bankruptcy court.

I think he finally did something that is sanctionable by the Court.

On other SMU lawsuit notes, Vodicka just announced his price in the Daily Campus. $40,000,000.00.

[Peruna2001]

What if it happens that SMU doesn't get the Bush library? Could SMU sue Vodicka if they could prove that it was his actions (delaying and delaying more) that caused the school not to get the library?

[Stallion]

No he is proceeding under the legally required and acceptable avenues to pursue his claim. If he has a frivilous claim, presents a fraudulent claim or commits a statutory offense there are plenty of sanctions, summary proceedings and other remedies availiable to the courts to restrain his actions. Its called Due Process and despite evidence to the contrary in the athletics department yes even SMU has to live with it. Theoretically, a university might have a Tortious Interference with Prospective Business Advantage claim but don't hold your breath.

[SMU Football Blog]

You could try and make a case for tortious interference with contract or prospective business relations, but I don't think you'd win because there is no evidence of any agreement or business relationship and also because damages are too speculative.

[mrydel]

Plus would not it be a viable reason for not coming to SMU to say "because some guy is filing law suits against the school that even though we believe to be frivolous, we do not want the headache."

[Stallion]

plus the Texas Supreme Court specifically ruled a few years ago that legally pursueing your own legal rights can not constitute tortious conduct.

[gostangs]

I think they waive that rule if the guy is a really big jerk.

Prediction - this is over in 30 days.

[Peruna2001]

I'll take that as a no since I didn't understand most of the legal vocab. Mathematical functions, I understand. Law, I do not.

[SMU Football Blog]

I think they waive that rule if the guy is a really big jerk.

Prediction - this is over in 30 days.

Prediction - this is not over in 30 days.

[SMU Football Blog]

Emergency motion to dismiss the bankruptcy case filed and to be heard on 8/31. Also, last night, SMU filed an emergency motion to remand the suit back to the state court or for abstention.

[EastStang]

Sounds like SMU is beginning to get the sledgehammer out against the gnat who wants $40,000,000. Has W appointed any Judges to the U.S. District Court in Dallas or to the bankruptcy Court? If he has, and if one of them sits on this case, I suspect Vodicka could be gone relatively quickly and sanctioned just because the judge can.

[SMU Football Blog]

Most of the District Court Judges in the ND of Texas have been there for seemingly forever.

Bankruptcy Judges are not appointed by the President, they are appointed by the Court of Appeals. BK courts are Article I courts and not Article III courts. They have no jurisdiction save what is given to them by the District Court. These are the joys of bankruptcy jurisdiction post-Northern Pipeline Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982).

Congress could have allowed the President to appoint BK judges, but that would have meant allowing Reagan to appoint 200+ judges in 1982 alone and that wasn't going to happen.