Yeah. You missed that.


Case Description
Case ID: 2008CA022597XXXXMB
Case Caption: LAUREN HIGHLEY V BEN FARIAS, KYLE KRAFT, AND DELTA ZETA OF DELTA TAU DELTA, INC.
Division: &nbspAB - GERBER
Filing Date: &nbspTuesday , July 29th, 2008
Court: &nbspCA - CIRCUIT CIVIL
Location: &nbspMB - MAIN BRANCH

and that is why it is in the rm section rather than say chat or news. we all get hurt by actions like this. take the time and read the other threads in this section. and if you have a problem with deepest pockets in this case, i suggest you spend some time in a civil court room in any major city. or as it has been pointed out already is your problem with the us legal system only this case.

Shouldn't you be crawling back under a blanket at the Delt house or something?:)

eta - and getting back to the idea of risk management, do many fraternities have house moms or live-in advisors/help? What could a fraternity do to avoid this kind of liability? (Other than not pledge idiots . . .)

You don't have a cogent thought so you resort to a statement like that? That really exemplifies the narrow limits of your intellectual capacity.

My problem is with any person who has not suffered an actual loss, nor a loss which can be rationally remedied with $$, bringing a lawsuit. Mr. Auerbacher knows the students can't pay. So he'll just ruin their lives while he hopes to impute their liability to the deeper pocket.

so you have a problem with the entire us civil court system.
well, your posting here is just not going to change anything at all. and will not do anything for your friends, their actions and deeds, their case and their total lack of judgment and respect. and as much as i hate to repeat myself, make the effort to read the other threads in rm section. this case and those already brought up are only a very small part of the overall activities in state civil courts. however, they are a major part of what affects and effects us.

You keep leaving juries out of the equation.

I never said that the case wasn't just about money. It might be, it might be about revenge, it might be about all kinds of things. I merely questioned your suggestion that it is a gross abuse of the civil justice system for the victim to sue because she thought a criminal verdict was too lenient. I've been practicing law long enough to tell that you talking out of personal interest and bias, not any actual sense of or understanding of jurisprudence.

Oooooo. Caught me in my own trap. Drat the anonymous nature of teh interwebs. :rolleyes:

No I didn't think about that because I couldn't care less about that. Like I said, I was just noticing that your posts suggest a strong personal, rather than academic or theoretical, interest. You write, and argue, like someone who has a dog in the fight. That is all.

I never said nor implied that. Did I not make myself clear about my feelings on this particular case? My strong opinion about this case is not an indictment of the entire system.

No, but your comments about this case show a lack of understanding of the entire system.

Um, it's a joke. My cogent thought was a joke. I even put a smilie on it so someone of the limited "intellectual capacity" you have demonstrated could understand that. Sorry I overestimated you. So I stand corrected - shouldn't you be crawling back under your rock?

And I must now go sob into my pillow because my intellectual capacity has been insulted by someone on the internet. Boo hoo.

Now, now, MC, it's not like this gentleman has signed on to GC ONLY to post in this thread . . .oh, wait . . .

I obviously have no dog in this fight:o But, I'll put my two cents in.

I have no issue with her suing the two boys, and by extension, their parents' insurance companies. After all, it is the two boys who invaded her privacy and embarrassed her; they are the ones who did the damage, and if she feels that the sentence levied upon them by the justice system was not enough, then SUE AWAY! But, I do have a problem with her suing the fraternity. Obviously, the entire active chapter was not a party to the harm, neither was the alumni base or the advisory members. So, why should they be a party to the suit other than in an attempt for the plaintiff to try to extract the greatest monetary judgement, and the fraternity has deeper pockets than the parents.

Having been a party to various suits, I know what a huge pain in the ass it is to be involved - depositions, astronomical lawyer fees, etc., not to mention the worry and stress that accompanies being named (unfairly!!!) in a suit. Background - we own a company that has been named in suits, even though we had nothing to do with the problems, we have always eventually been dropped from the suit, but in the meantime, we have spent money that should have gone to the company to hire lawyers to defend our GUILTLESS position, and spent sleepless nights worrying about the costs and end results.

So, while the case against the fraternity might not legally be frivolous, it is going to cost them alot of money and energy to fight it.

Just based on what I have seen here (which granted may not be the whole story, or even close to the whole story), I'd say that the case against the fraternity may indeed be legally frivolous. Why not sue UF while they're at it?

i was just reviewing some of the cases i or family members have been involved with and thought of just the same thing. perhaps could be added on later. and if this happened within a dorm room, i would have been surprised if the school had not been served. in this case, from what little we have seen of it, the chapter and fraternity could be looked at as a entity separate from the school.
added edit: found this news link http://www.gainesville.com/article/2...14581/0/news03
which includes this: "The 20-year-old woman filed a civil lawsuit Tuesday in Palm Beach County. She seeks more than $15,000 in damages from Ben Farias, 21; Kyle Kraft, 20; and the UF chapter of the Delta Tau Delta fraternity for invasion of privacy and other offenses."
"The suit claims the fraternity failed to adequately supervise its members, based on previous incidents there.
The same year as the taping, UF’s chapter of Delta Tau Delta had incidents in which two underage students drinking at the house were sent to the emergency room, according to UF records.
The fraternity received a social suspension through fall 2007 and was not allowed to recruit new members in spring 2006 and fall 2007, those records show. Orlando said the fraternity is currently in good standing."

is the proper term prior bad acts? and if so, or something similar, seems as if they are coming back to haunt them.