Not an attorney either, but if the station posted his contact information and then started encouraging people to call…then they may have opened themselves up to having to pay up.
I am an attorney but not my area of law. I don’t know. The station didn’t release any private info (info that was available publicly even if they had to look for it). Did they encourage death threats, etc? I doubt it. Did they reasonable know it would happen. Yes, I think so. “Intentional Infliction of Emotional Distress” is a very interesting tort. Pretty new to legal theory (I studied it in law school 30 years ago, so I guess not that new, but still).
Courts haven’t liked a suit based on “Intentional Infliction of Emotional Distress” as a rule. But they haven’t all be losers.
It would be interesting to hear from some attorneys who practice that type of law.
Some states, including Kentucky, also recognize the tort of negligent infliction of emotional distress. Not sure if the lawsuit was filed in Kentucky or Nebraska. There will be fight over whether Kentucky or Nebraska state law applies, and whether a Nebraska or Kentucky court can hear the case.
If you can keep a UK law school judge or a jury full of Kentucky fans from deciding the case, then I would be a bit worried if I was the lawyer defending the station. The problem for the ref is that this case could take years to go through the legal process, and the ref may not have the financial resources or a lawyer willing to front the resources to see the case through to the finish, especially since this is not a slam dunk case for the ref.
It was filed in federal court in Nebraska.
can we use that same intentional infliction of emotional distress on marc curles for his call during that fla/ark game on the "mysterious"clip/holding or whatever it was?
It was filed in federal court, but not sure if used federal statute or state statute. I’d need to see the complaint. Some state complaints can be filed in federal court if there parties are from different states and the amount sought in damages exceeds the statutory minimum.
But there are 4 causes of action.
- IIED (this has 4 elements, 1. intends to inflict emotional distress (most likely); 2. conduct in doing so was extreme and outrageous (case law defines, but probably); 3. The actions of defendant was the cause of distress (difficult because media co. reported opinion and didn’t make the threats); 4. distress was severe (need medical proof and loss of job probably). I don’t have enough information on 3 and 4 to answer.
- Invasion of Privacy - 4 types: 1. Intrusion to personal affairs (I don’t know - think individuals did this not media, but maybe media was negligent if it provided the information to access personal affairs); 2. Appropriation of Name for personal gain (maybe, but this is simply reporting on a public matter); 3. Public Disclosure of private facts (I don’t know of any - cell phone number?); 4. False light (probably the argument here, but still has to show damages).
- Tortious Interference w/ Business (can be intentional or negligent - not sure what was plead). Was he fired? I don’t know. Was it the basis of the media or their own investigation. Did it affect his job outside of refereeing? Why? I don’t know. Could be a case here, though, but he could also have a case against employer for wrongful termination, in that regard.
- Civil Conspiracy - would have to allege something other than media co. that media co. was working with to cause this. Calapari and media?? Again, would have to pursue UK in this or Cal individually.
This is all very hard to answer and the reason attorneys will be paid tens of thousands in defending and pursuing. But, lawsuit wouldn’t have happened unless damages are being alleged in excess of $250,000 - at least that’s what is should take for an attorney to jump in.