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-   -   Depositions Underway In AKA Drowning Lawsuit (https://greekchat.com/gcforums/showthread.php?t=23261)

ladygreek 10-12-2004 09:39 PM

First I heard about the website. And as someone said the statement came from one of the mothers. Do we know in what context it was listed?

There has been so much heresay--the prospects were told that the chapter was scheduled to be reinstated that October, therefore they needed to do this now to be the ones chosen for the reinstatement, etc. Only the hearing will separate fact from fiction.

But something that isn't heresay is that school was not yet in session, so I can believe that most people did not know what was going on.

The bottom-line is, it could have been any of our orgs--admit it the rest of us breathed a sigh of relief when we found out it wasn't us.

IMHO it is the renegades and the renegades only that should be blamed--not AKA the org., not the victims, not the families.

This will be a precedent setting lawsuit for all of us!

1savvydiva 10-12-2004 10:20 PM

Hey Desilu, welcome to GC. Have you checked out your own sorority's board yet? :)

preciousjeni 10-12-2004 10:40 PM

Quote:

Originally posted by ladygreek
IMHO it is the renegades and the renegades only that should be blamed--not AKA the org., not the victims, not the families.
Cosign! Cosign! Cosign!

Exquisite5 10-13-2004 12:10 AM

COSIGN!!!!!

Query: does anyone know if a 12(b)(6) motion to dismiss for failure to state a claim was filed by AKA?

I just really don't see the plaintiffs being able to establish liability on the part of the national org. Clearly I am an Alpha Kappa Alpha woman, but independent of that I really don't want AKA to settle. I think they can win this pre-trial with savvy motion practice.

Dang, I'm wishing my law school were in Cali right about now. Wouldn't this be an interesting internship?

Steeltrap 10-13-2004 12:43 PM

Quote:

Originally posted by 1savvydiva
Hey Desilu, welcome to GC. Have you checked out your own sorority's board yet? :)
I love it when our veteran SFs drop knowledge.
;)

SKEEphistAKAte 10-13-2004 07:09 PM

Quote:

Originally posted by Exquisite5
COSIGN!!!!!

Query: does anyone know if a 12(b)(6) motion to dismiss for failure to state a claim was filed by AKA?

I just really don't see the plaintiffs being able to establish liability on the part of the national org. Clearly I am an Alpha Kappa Alpha woman, but independent of that I really don't want AKA to settle. I think they can win this pre-trial with savvy motion practice.

Dang, I'm wishing my law school were in Cali right about now. Wouldn't this be an interesting internship?

Soror I feel you! I was thinking the same thing. I'm thinking about all kinds of contributory negligence barring people from recovery... I was just trying to think of a good topic for my law review submission.

Exquisite5 10-13-2004 07:51 PM

Ya know I thought about writing on this as well, but decided against it. I've only found one article containing "hazing" and "Alpha Kappa Alpha" and it was written in 2001 so clearly it doesn't contain the latest event.

Here is the citation:

NOTE: "Hazing Out" the Membership Intake Process in Sororities and Fraternities: Preserving the Integrity of the Pledge Process Versus Addressing Hazing Liability, 53 Rutgers L. Rev. 679.

And it was written by another AKA legal diva!

You may want to do a more in depth preemption check, but good luck Soror!

desilu 10-14-2004 02:31 PM

I have checked out my own sorority's board, but I was looking around and I thought I'd put something on this one. But thanks for asking.

Virtual Violet 10-14-2004 09:49 PM

Quote:

Originally posted by Exquisite5
COSIGN!!!!!

Query: does anyone know if a 12(b)(6) motion to dismiss for failure to state a claim was filed by AKA?

I just really don't see the plaintiffs being able to establish liability on the part of the national org. Clearly I am an Alpha Kappa Alpha woman, but independent of that I really don't want AKA to settle. I think they can win this pre-trial with savvy motion practice.

Dang, I'm wishing my law school were in Cali right about now. Wouldn't this be an interesting internship?

12(b)(6) motion? CIVIL PROCEDURE.....MY HEAD!! MY HEAD!!! ARRRRR;) I've got just one word for you......ERIE!

Anyway, I would assume that the national organization filed a 12(b)(6) motion that probably was denied considering the parties are taking depositions. It seems they are in the discovery phase in preparation for a full-blown trial.
Just guessing...

Exquisite5 10-14-2004 11:28 PM

LMAO@ Erie!

I looooooooooooove Civ Pro- it was my favorite class last year. I am waiting to take fed courts and advanced civ pro. I love it! I take you don't, lol. That's okay you can take contracts for me..blech!

Can you tell I want to be a litigator?

LOL- I figured they'd filed one, but I never heard anything about it and I just wondered if anyone knew what had come of it. I would bet any motion to dismiss or summary judgment motion in this case warranted an opinion...hmmm, I might just go look for it....

AKADIVA12 10-17-2004 10:11 AM

I have one question. Why hasn't there been any (or very little) focus on the "young ladies" from both renegade chapters who were involved?

SKEEphistAKAte 10-17-2004 12:53 PM

Quote:

Originally posted by AKADIVA12
I have one question. Why hasn't there been any (or very little) focus on the "young ladies" from both renegade chapters who were involved?
Another legal answer... In the law we have something we like to call "deep pockets". The family, of course, is going to sue the organization as opposed to the "young renegades" because they can get more press and MONEY (thus the term deep pockets) by suing AKA. That is why we never hear about Big Sister Renegade- she doesn't have any ends. She will most certainly be a key witness in the case but until then, everyone will focus on AKA the organization and the injured parties.

SKEEphistAKAte 10-17-2004 12:57 PM

Quote:

Originally posted by Exquisite5
LMAO@ Erie!

I looooooooooooove Civ Pro- it was my favorite class last year. I am waiting to take fed courts and advanced civ pro. I love it! I take you don't, lol. That's okay you can take contracts for me..blech!

Can you tell I want to be a litigator?

LOL- I figured they'd filed one, but I never heard anything about it and I just wondered if anyone knew what had come of it. I would bet any motion to dismiss or summary judgment motion in this case warranted an opinion...hmmm, I might just go look for it....

I need to call you, Soror, because Civ Pro is kicking my butt right now! We haven't covered Erie yet, she's saving that for the end of the semester. I on the other hand, am feeling Contracts (K). My K professor is so cool and funny, he makes in interesting. I am not interested in litigation, just pushing papers and collecting fees- which probably speaks to my enjoyment of K.
I'm going to look up some info on this case tomorrow. To the law library----->

SKEEphistAKAte 10-17-2004 12:58 PM

.

Virtual Violet 10-17-2004 01:02 PM

Quote:

Originally posted by SKEEphistAKAte
She will most certainly be a key witness in the case but until then, everyone will focus on AKA the organization and the injured parties.
Aren't the renegades still named defendants as well? Even though we know these chicks don't have any money, they can still be named in the wrongful death suit. Does anyone know if they have been named or joined in by Alpha Kappa Alpha?


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