COURT FOUND McNAIR WOULD LIKELY PREVAIL AT TRIAL ON HIS CLAIM FOR DEFAMATION BUT NOT ON HIS CLAIMS FOR LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE AND BREACH OF CONTRACT CLAIMS.
THUS, HE WILL PROCEED ON HIS DEFAMATION CLAIM. THE JURY CAN AWARD HIM 3 TYPES OF DAMAGES AND THIS IS WHERE THIS DECISION IS OK FOR McNAIR.
1) GENERAL DAMAGES-LOSS OF REPUTATION DAMAGES
2) SPECIAL DAMAGES---LOSS OF HIS PROFESSION DAMAGES
3) EXEMPLARY DAMAGES--TO PUNISH THE NCAA FOR ITS MISCONDUCT
McNAIR CAN CLAIM IN HIS DEFAMATION CAUSE OF ACTION, ESSENTIALLY THE SAME DAMAGES HE WOULD HAVE CLAIMED IN HIS OTHER 2 CAUSES OF ACTION WHICH WERE DISALLOWED. A REAL NO HARM,NO FOUL.
THE REAL GEM IN THE DECISION IS THE COURT OF APPEAL OBSERVING THAT "...WITHOUT PUNISHING McNAIR ,THE NCAA COULD NOT PUNISH USC". THERE IT IS IN A NUTSHELL, BOYS
NCAA HAD TO NAIL HIM AND WHEN THE JURY GETS THAT PICTURE, THEY WILL PROBABLY ASK FOR A COMPUTER TO HELP THEM DETERMINE THE AMOUNT OF HIS DAMAGES.
TODD'S LAWYER IS ONE OF THE BEST IN THE COUNTRY, I REALLY LIKE HIS CHANCES WITH A LOS ANGELES JURY.
THUS, HE WILL PROCEED ON HIS DEFAMATION CLAIM. THE JURY CAN AWARD HIM 3 TYPES OF DAMAGES AND THIS IS WHERE THIS DECISION IS OK FOR McNAIR.
1) GENERAL DAMAGES-LOSS OF REPUTATION DAMAGES
2) SPECIAL DAMAGES---LOSS OF HIS PROFESSION DAMAGES
3) EXEMPLARY DAMAGES--TO PUNISH THE NCAA FOR ITS MISCONDUCT
McNAIR CAN CLAIM IN HIS DEFAMATION CAUSE OF ACTION, ESSENTIALLY THE SAME DAMAGES HE WOULD HAVE CLAIMED IN HIS OTHER 2 CAUSES OF ACTION WHICH WERE DISALLOWED. A REAL NO HARM,NO FOUL.
THE REAL GEM IN THE DECISION IS THE COURT OF APPEAL OBSERVING THAT "...WITHOUT PUNISHING McNAIR ,THE NCAA COULD NOT PUNISH USC". THERE IT IS IN A NUTSHELL, BOYS
NCAA HAD TO NAIL HIM AND WHEN THE JURY GETS THAT PICTURE, THEY WILL PROBABLY ASK FOR A COMPUTER TO HELP THEM DETERMINE THE AMOUNT OF HIS DAMAGES.
TODD'S LAWYER IS ONE OF THE BEST IN THE COUNTRY, I REALLY LIKE HIS CHANCES WITH A LOS ANGELES JURY.
