Sports affects lawsuit vs. Wal-Mart

[Inky_Wretch]

Asked to step in when the parties in a wrongful-death lawsuit against Wal-Mart couldn't agree where the plaintiff would take the deposition of Wal-Mart's corporate representative, Senior U.S. District Judge James Nowlin in Austin used the Texas-Arkansas football rivalry as the basis for his decision.

On one hand, Nowlin wrote in an order filed this week, the judge was sympathetic with Wal-Mart's argument that the deposition take place in Bentonville, Ark. Wal-Mart's representative, he wrote, "would feel great humiliation by being forced to enter the home state of the University of Texas, where the legendary Texas Longhorns have wrought havoc on the Arkansas Razorbacks with an impressive 55-21 all-time series record."

On the other hand, Nowlin wrote, he understood why the plaintiffs, who want to take the deposition at law offices in San Antonio, would not want to go to Arkansas, where many residents "are still seeking retribution for the 'Game of the Century' in which James Street and Darrell Royal stunned the Razorbacks" and went on to win the 1969 national championship.

He went on to write in a footnote that "the Razorbacks, who disgracefully retreated from the Southwest Conference to the gentler pastures of the Southeastern Conference, could have likely learned a lesson about stamina and perseverance in the face of battle by visiting the Alamo in San Antonio."

Nowlin ordered that — unless the parties could agree otherwise— the deposition take place on the steps of the Texarkana Federal Building on June 11. The building sits on the border between the two states.

Texas and Arkansas, meanwhile, are set to renew their football rivalry Sept. 13 in Austin.

http://www.statesman.com/sports/content/sports/stories/other/06/06/0606texark.html

 

[imjustagirl]

Sweet. Lord. Jesus. Above.

 

[OnTheRiver]

I love it when an attorney gets in front of a dictation machine drunk.

 

[slappy4428]

Not unheard of. I know people who won't go to Pennsylvania because John Dickinson sucked up to George III

 

[Football_Bat]

An appeals judge would take one look at that order, wad it up and throw it back in his face.

 

[novelist_wannabe]

Gentler pastures of the Southeastern Conference? Blasphemy.

 

[Football_Bat]

Judge Bubbler would've made the Wal-Mart dude fly to Guam.

 

[novelist_wannabe]

Coupla thoughts:
1.) The way that story reads, the Hogs and Horns have played 76 times in Texas. Yeah, the Horns own the Razorbacks on the football field, but Arkansas is not part of The Great State.

2.) Were those the arguments the attorneys made, or did Nowlin come up with that on his own? I'd give the attorneys an iota of credit for making a creative argument, but if the judge spawned this drivel, he should be disbarred. One would think a wrongful death case would deserve more respect.

 

[Starman]

The judge should be unseated and disbarred before noon.

You're dealing with people's lives here, you pompous jock-slurping ****bucket.

 

[dixiehack]

Dicta aside, the actual decision (hold the depo in Texarkana) is perfectly sound.

 

[JR]

pompous jock-slurping ****bucket.

I think this phrase should be added to the SportsJournalists.com Style Book.


Classic stuff.

 

[Football_Bat]

Coupla thoughts:
1.) The way that story reads, the Hogs and Horns have played 76 times in Texas. Yeah, the Horns own the Razorbacks on the football field, but Arkansas is not part of The Great State.

2.) Were those the arguments the attorneys made, or did Nowlin come up with that on his own? I'd give the attorneys an iota of credit for making a creative argument, but if the judge spawned this drivel, he should be disbarred. One would think a wrongful death case would deserve more respect.

Actually, of the other eight former SWC teams, Arkansas is right in the middle (UT leads, 55-21). A&M has fared the best against the Horns with a .662 percentage (73-36-5), showing how thoroughly UT dominated all of the SWC.

SMU has the second-best percentage (.671), but all but 5 of the Ponies' wins came before 1960 (and 3 of those were during the Dickerson/James era). Houston is No. 3, but didn't join the league until 1976.

http://www.mcubed.net/ncaaf/series/tx/index.shtml

 

[The Big Ragu]

The judge should be unseated and disbarred before noon.

You're dealing with people's lives here, you pompous jock-slurping ****bucket.

I agree that is absolute stupidity, but I can understand how being a judge in a civil court can make you callous after a while. It's not an excuse for this judge, but I would never be able to do his job. I'd want to scream at everyone. People sue over everything and anything. If he's like me, of course he shouldn't be doing that job.

I just looked to see what the case was about, and without knowing the details: it was an 88-year-old man who go hit by an automatic door at a Wal-Mart and is now suing Wal-Mart and Stanley Works, the doormaker. I don't want to be totally insensitive, but I feel safe in saying that the integrity of a just society doesn't hang on this lawsuit, as sad as what happened is.

 

[Starman]

The judge should be unseated and disbarred before noon.

You're dealing with people's lives here, you pompous jock-slurping ****bucket.

I agree that is absolute stupidity, but I can understand how being a judge in a civil court can make you callous after a while. It's not an excuse for this judge, but I would never be able to do his job. I'd want to scream at everyone. People sue over everything and anything. If he's like me, of course he shouldn't be doing that job.

I just looked to see what the case was about, and without knowing the details: it was an 88-year-old man who go hit by an automatic door at a Wal-Mart and is now suing Wal-Mart and Stanley Works, the doormaker. I don't want to be totally insensitive, but I feel safe in saying that the integrity of a just society doesn't hang on this lawsuit, as sad as what happened is.

I don't give a **** what it's about, it deserves to be decided on its merits, not as a prop in some ****ing post-midlife-crisis fratboy's ****-flapping over a game from 40 years ago.

 

[93Devil]

Ragu, thanks for that info. Too bad it was not in the stories I read.

And everyone, it's Texas.

Anyone who lives there should not be suprised when this crazy crap happens. It's like living in Florida and complaining about the heat.

 

[The Big Ragu]

By the way... Just reread my post. The 88-year-old man died. He's not suing. His family is. I wasn't clear.

 

[93Devil]

By the way... Just reread my post. The 88-year-old man died. He's not suing. His family is. I wasn't clear.

Ragu, was he hit by the door in Texas or Arkansas?

 

[Webster]

In matters like this, the Judge has pretty much the authority to do whatever he wants. However, if I'm Wal-Mart, I may try to have the judge recuse himself on the basis of his stated bias towards an out of state corporation.

 

[The Big Ragu]

Texas, Devil... Marble Falls.

 

[93Devil]

You are correct, Webster.

Thanks, Ragu.