If you were Beck, would you..............................................

[HardCore]

"Is it true, Mr. Nutt, that you DID IN FACT, NOT CALL THAT PLAY??"

Oh, by the way, may I remind you Mr. Nutt that you are under oath!!!

[Steef]

Have fun guys.  No cause of action here. Cases have to state a cause of action to get to court. They can't simply file a suit and hope a cause of action springs forth after people get under oath.

I don't know CMH.  A cause of action can be manufactured if you know what I mean.  Just because it's not winnable doesn't mean it won't find its way into a complaint.  (see Nolan lawsuit again).

Bacon out...

Sorry Bacon. I thought the question was whether there was a actual legal cause of action. Yes. I concede that a "manufactured" lawsuit could be brought.    However, HN is correct. It would not make it past summary judgement and it would be expensive.

As a recovering lawyer, I'd have to say right on all counts. When going after the likes of Houston Nutt, you'd better have a damn good case as folks with his kind of clout have the Super Weasel Lawyer Team ready to pounce on anyone who even hints at filing suit -- that leads to a very expensive and, often, publicly humiliating experience. Additionally, I'm not sure what standing Beck would really have to bring a suit for actions allegedly taken against her son (an adult) or whether she could make a convincing case based on the mean things said about her.

It would be best for everyone, really, to leave the whole mess alone. Mitch and his family should simply smack themselves in the head for being fooled by a charlatan like Nutt and get on with their lives. If nothing else, Mitch Mustain got a good life lesson out of the whole experience.

Off the point, but what does it say about our legal system when the oily guys usually win? And often, they win because decent folk are afraid to test them?

It has nothing to do with being afraid to test the big boys.  It has everything to do with the exorbitant cost of protracted litigation.  It's a war of attrition.  That's why the big boys with big pockets win.

The little guys, the ones with colorable claims, usually make out okay if they're not greedy.  Teh ones with good claims usually get a decent settlement. (that depends on a million things, too) However, the system is built with many prejudices to the defense (which in reality is a good thing).  Thus, if you don't have the payola to fight a big fight and you don't have a great claim, you're just buying a lexus for some lucky stiff who spent three more years drinking beer and reading books while you started working for a living...

Oust,

You're hittin' a little close to home, fella.

I'll have you know, I touched a Lexus once.

Over rated. Messed me up.

[hOUSTon NUTT]

Oh, I don't know.  If it could be alleged and then evidence found in discovery that HDN or his brother either actually composed the e-mails or put someone up to it, then I think a cause of action could be found.  I don't know if intentional infliction of emotional distress is a cause of action in Arkansas, but that could be one.  Damages, not the cause of action, would be the tricky thing to prove. 

Don't listen to that crap about summary judgment.  First of all, judges won't grant a summary judgment on a Plaintiff if a case has any conceivable merit at all.   It certainly wouldn't be granted in a high profile case like this.  Defense lawyers and brief warriors like to talk about summary judgments but the real secret is that summary judgment motions are for the most part just a way for them to bill their clients some more.  They are rarely, and I mean rarely, granted. Secondly, before any motion for summary judgment would be entertained, there would be some discovery at the very least.  Production of documents and depositions could be embarrassing to the university.

It would be expensive, but this is just he sort of case some firm would take on for the publicity alone.  Imagine the bragging rights in being the firm that "took down HDN".  Don't worry about the adverse publicity because publicity is publicity.  Just a long as they spell your name right, it is all good.

The biggest thing Beck would have to consider is Mitch's future with other teams.  A lawsuit would definitely hurt him with other schools.  For that reason alone, I am betting that she doesn't sue.  But don't kid yourself, if she wanted to push it, she could probably come up with something.  And while she might not win, she could get to a trial and that in itself would be a victory of sorts.

No, there would be no trial.  I'll say this again.  Not only would such a claim not make it past summary judgment (you don't file a lawsuit, take discovery, and then find a cause of action), it might not pass a motion to dismiss. 

A trial would not be a victory for Beck (this isn't even worth the time to discuss) because she'd be broke before it ever got there.  There are precious few big money firms in NWA who would give someone a handout case that would cost this much, and anyone that gave Beck money would be just paying for a Lexus for somebody. 

Now, if it's found that Nutt punched the kid in the face, then yeah, I'll take that case. 

[hOUSTon NUTT]

Have fun guys.  No cause of action here. Cases have to state a cause of action to get to court. They can't simply file a suit and hope a cause of action springs forth after people get under oath.

I don't know CMH.  A cause of action can be manufactured if you know what I mean.  Just because it's not winnable doesn't mean it won't find its way into a complaint.  (see Nolan lawsuit again).

Bacon out...

Sorry Bacon. I thought the question was whether there was a actual legal cause of action. Yes. I concede that a "manufactured" lawsuit could be brought.    However, HN is correct. It would not make it past summary judgement and it would be expensive.

As a recovering lawyer, I'd have to say right on all counts. When going after the likes of Houston Nutt, you'd better have a damn good case as folks with his kind of clout have the Super Weasel Lawyer Team ready to pounce on anyone who even hints at filing suit -- that leads to a very expensive and, often, publicly humiliating experience. Additionally, I'm not sure what standing Beck would really have to bring a suit for actions allegedly taken against her son (an adult) or whether she could make a convincing case based on the mean things said about her.

It would be best for everyone, really, to leave the whole mess alone. Mitch and his family should simply smack themselves in the head for being fooled by a charlatan like Nutt and get on with their lives. If nothing else, Mitch Mustain got a good life lesson out of the whole experience.

Off the point, but what does it say about our legal system when the oily guys usually win? And often, they win because decent folk are afraid to test them?

It has nothing to do with being afraid to test the big boys.  It has everything to do with the exorbitant cost of protracted litigation.  It's a war of attrition.  That's why the big boys with big pockets win.

The little guys, the ones with colorable claims, usually make out okay if they're not greedy.  Teh ones with good claims usually get a decent settlement. (that depends on a million things, too) However, the system is built with many prejudices to the defense (which in reality is a good thing).  Thus, if you don't have the payola to fight a big fight and you don't have a great claim, you're just buying a lexus for some lucky stiff who spent three more years drinking beer and reading books while you started working for a living...

Oust,

You're hittin' a little close to home, fella.

I'll have you know, I touched a Lexus once.

Over rated. Messed me up.

Tell me it's not true.  I'm guilty as charged, although I don't drive a Lexus...

[Hawgon]

No, there would be no trial.  I'll say this again.  Not only would such a claim not make it past summary judgment (you don't file a lawsuit, take discovery, and then find a cause of action), it might not pass a motion to dismiss. 

I didn't say that.  I said that a cause of action could probably be found.  You are the one who said "Summary Judgment".  If you file a motion for summary judgment, then yeah, you do take discovery before a Motion for Summary judgment is ripe.

Now, if you mean a Motion to Dismiss for Failing to State a Cause of Action, then that is what you should have said.  However, if HDN or his brother sent the e-mails, then yeah, I think a cause of action could be found.  Without doing some research, I am not sure what, but something could be found.  Damages, on the other hand are tricky.

As to whether a firm would take it, I'll bet there is already one looking at it right now.   

[stchane]

No, there would be no trial.  I'll say this again.  Not only would such a claim not make it past summary judgment (you don't file a lawsuit, take discovery, and then find a cause of action), it might not pass a motion to dismiss. 

A trial would not be a victory for Beck (this isn't even worth the time to discuss) because she'd be broke before it ever got there.  There are precious few big money firms in NWA who would give someone a handout case that would cost this much, and anyone that gave Beck money would be just paying for a Lexus for somebody. 

Now, if it's found that Nutt punched the kid in the face, then yeah, I'll take that case. 

Your assuming it has to be a big firm.  Like someone else said, publicity for the firm that took this case would be immense. 

The cause of action could be Negligent Infliction of Emotional Distress, and it DOES have merit.  Its been documented how Mitch, "wasn't himself" for a long time during the season.  We've violated the sanctions that the NCAA brought down from the Ted Harrod mess by letting a booster be on the sidelines etc.  Surely the University has some sort of policy against boosters contacting players in this manner.  HDN could be blamed for not stopping what happened, and that is your infliction of emotional distress. 

It would take some crafty lawyering to get this thing into court.  However, the discovery alone could produce things that none of us have ever heard about that would certainly bring about the end of HDN as our coach.  What a day that would be (lol).  It would be in Mitch's best interest to begin a lawsuit AFTER he enrolls in another school.  I agree that no school wants a walking lawsuit. 

I hope something like this does happen, but in all reality it probably won't.  I don't think the mud slinging that Beck would get is worth it.  However, she would be one helluva hog fan if she did go through with it.

[Steef]

Have fun guys.  No cause of action here. Cases have to state a cause of action to get to court. They can't simply file a suit and hope a cause of action springs forth after people get under oath.

I don't know CMH.  A cause of action can be manufactured if you know what I mean.  Just because it's not winnable doesn't mean it won't find its way into a complaint.  (see Nolan lawsuit again).

Bacon out...

Sorry Bacon. I thought the question was whether there was a actual legal cause of action. Yes. I concede that a "manufactured" lawsuit could be brought.    However, HN is correct. It would not make it past summary judgement and it would be expensive.

As a recovering lawyer, I'd have to say right on all counts. When going after the likes of Houston Nutt, you'd better have a damn good case as folks with his kind of clout have the Super Weasel Lawyer Team ready to pounce on anyone who even hints at filing suit -- that leads to a very expensive and, often, publicly humiliating experience. Additionally, I'm not sure what standing Beck would really have to bring a suit for actions allegedly taken against her son (an adult) or whether she could make a convincing case based on the mean things said about her.

It would be best for everyone, really, to leave the whole mess alone. Mitch and his family should simply smack themselves in the head for being fooled by a grown man in a position of authority who should have known better and should be held accountable for such things charlatan like Nutt and get on with their lives. If nothing else, Mitch Mustain - the 18 yr. old kid who will lose a year of his athletic life -  got a good an expensive life lesson he didn't deserve out of the whole experience.

Fixed that for ya.

[hOUSTon NUTT]

No, there would be no trial.  I'll say this again.  Not only would such a claim not make it past summary judgment (you don't file a lawsuit, take discovery, and then find a cause of action), it might not pass a motion to dismiss. 

A trial would not be a victory for Beck (this isn't even worth the time to discuss) because she'd be broke before it ever got there.  There are precious few big money firms in NWA who would give someone a handout case that would cost this much, and anyone that gave Beck money would be just paying for a Lexus for somebody. 

Now, if it's found that Nutt punched the kid in the face, then yeah, I'll take that case. 

Your assuming it has to be a big firm.  Like someone else said, publicity for the firm that took this case would be immense. 

The cause of action could be Negligent Infliction of Emotional Distress, and it DOES have merit.  Its been documented how Mitch, "wasn't himself" for a long time during the season.  We've violated the sanctions that the NCAA brought down from the Ted Harrod mess by letting a booster be on the sidelines etc.  Surely the University has some sort of policy against boosters contacting players in this manner.  HDN could be blamed for not stopping what happened, and that is your infliction of emotional distress. 

It would take some crafty lawyering to get this thing into court.  However, the discovery alone could produce things that none of us have ever heard about that would certainly bring about the end of HDN as our coach.  What a day that would be (lol).  It would be in Mitch's best interest to begin a lawsuit AFTER he enrolls in another school.  I agree that no school wants a walking lawsuit. 

I hope something like this does happen, but in all reality it probably won't.  I don't think the mud slinging that Beck would get is worth it.  However, she would be one helluva hog fan if she did go through with it.

For NIED, you've gotta show substantial physical damages as a result of the emotional damages.  You've gotta show pills, medical records, etc.  Last I heard, Mitch didn't check into a psych ward because of anything that happened this fall.  Haven't heard about any depression or valium. 

The Intentional Infliction of Emotional Distress is a fallback tort, used when nothing else works.  NIED is a shot in the dark from half court with a beachball.

[redbarn]

Wonder if I can sue Nutt.  This whole dang thing has driven be crazy.

[elkhog]

There's not a big enough courtroom in NWA to hold all the spectators for a trial like that.
You may not think she has a case but amazing things happen when you put people under oath on a witness stand.
(see the Nolan trial).

Did you girls catch the subtle hint?

Does that mean TV??

[hawaiianhogster]

YES.

[elkhog]

Turn the Page!!!

This chapter is over.

Time to move on.

The future is now.

Be Good

WWRSD  Figure it out...

Pump Sunshine!

[dbaileyway7]

   If this were to happen, there would be witnesses come forward, "if it looked like they had no other choice in the matter", that would love to have their side of the story told.

[owl]

All lawyers on the Board ought to converse  off the Board and try and determine if a cause of action really exists.Then it could be determined if Beck wants to pursue.Intentional infliction is a tough nutt to crack, but there might be some abuse of process argument since a state institution  and state employees are involved.I doubt if First Lady of Football is a state actor so the HUTE would have to be implicated No doubt, this situation smells, but there does not have to be a legal remedy for every wrong--But, there is one for most legal wrongs.This is only MHO

[jbcarol]

Beck? Is that the singer that David Lee Roth ruined his acceptance speech at the VMA's in 1996 I believe.

Either Beck or Moby?  I think the latter is related to the #1 QB on the Hawg depth chart.

[jbcarol]

If I was a member of Mitchs family. I would call Chuckie and Otis and Rick and confront them on the radio. I would then follow up with a up close and personal meeting. I also would have removed Mitch from under Nutts control and when that little bullying episode happened..Someone would have had one heckofa ass whooping..Maybe me maybe them. I know one thing those thugs would have to show me they could whoop me. BTW..I would have my posse with me to even out the numbers..I hate people who are bullies!! I hate people that condone bullying..It's a pitiful way to get things done. Just man up and do thing in the open. Bullies are cowards!

there wasnt any bullying. the players told him what was bothering them behind closed doors and took control of the team. and it worked. i admire olajubutu and k. jackson for what they did. it is their team and they were trying to get control of it.

"just man up and do thing in the open"......isnt that exactly what they did?

I thought it was Nutt's team? My mistake.

Seniors taking a lone freshman behind closed doors isn't leadership. It isn't healthy. It isn't constructive. It's bullying.

Butt whoopin's aren't the answer, but leadership with character would be an answer. But that's the job of the HC.

Never mind.

"Never mind.'  That's Nirvana not Beck   Seriously, You are right on SteefHog !

[jbcarol]

There's not a big enough courtroom in NWA to hold all the spectators for a trial like that.
You may not think she has a case but amazing things happen when you put people under oath on a witness stand.
(see the Nolan trial).

If Wal-Mart can have the shareholders meeting at BWA, well .... 

[jbcarol]

Separate what Ms. Campbell has to gain vs. the fans driving need to see justice done.

She does not need anymore negative light to pass on the career of her son who despite what has happened is still a promising QB who we may be watching play on Sundays.  That's the best revenge if you even call it revenge.  Live well.  Demonstrate clearly to the Hill, if any other them are left at the point, what you missed by bad judgment.

If a legal case was somewhat necessary and justified, money in NWA should be absolutely no factor.  Someone sitting up there with stupid money, should bankroll the case with the best and the brightest.  The investment would be the best they could make.  But again, Ms. Campbell has a bigger investment than the payoff from the roll of dice called justice (see above).

Lastly because it is a matter of public record I will close.  Ms. Campbell was a victim of bullying beyond what most of us could ever imagine.  Before Mitch Mustain was a gleam in any our eyes except for the ones running the Springdale Jr. High program this occurred.  It was severe.

I sincerely believe that the discreet revelation of this fact has moved some National writers to change their perception from "Little League parent" to protective parent who deeply cares about her son.  She would have a close affinity to how severe bullying can affect your performance.  I also believe based on timelines that this was the primary reason why she called a meeting with Broyles.  That is why her responses look even more classy to me.  The only time anyone ever got that close to attacking me they had the unfortunate luck of Mr. jb being around the corner.

So the best thing we can do is be the posse.  Keep up the heat.  Let Ms. Campbell and Mitch Mustain do what they need to do to move on and find success.  That is justice.  Too live well and in the rear view mirror watch perps suffer.  Perhaps some of the perps will even be cleaning up in aisle six in the not too distant future.

Anything we can do to help, let us know.

[pigsooie76]

This is absurd. Now....if the email would have made a death threat.....it would be different. But...it didn't. I don't like Houston Nutt anymore than the rest of most of you, but let's be realistic people.

[Hogchick]

If I were Beck I would just move on to wherever my son goes and keep my mouth shut.

[Conway Cool Daddy]

If I were Beck I would just move on to wherever my son goes and keep my mouth shut.

I can't believe I find myself agreeing with Hogchick on something.
Damn, I need to go back to bed.

[Hogchick]

If I were Beck I would just move on to wherever my son goes and keep my mouth shut.

I can't believe I find myself agreeing with Hogchick on something.
Damn, I need to go back to bed.

Maybe he$$ is freezing over.

[jbcarol]

I just felt a cold chill !  Since this started I feel like I have been living in hell.

[jodygaston]

Oh, I don't know.  If it could be alleged and then evidence found in discovery that HDN or his brother either actually composed the e-mails or put someone up to it, then I think a cause of action could be found.  I don't know if intentional infliction of emotional distress is a cause of action in Arkansas, but that could be one.  Damages, not the cause of action, would be the tricky thing to prove. 

Don't listen to that crap about summary judgment.  First of all, judges won't grant a summary judgment on a Plaintiff if a case has any conceivable merit at all.   It certainly wouldn't be granted in a high profile case like this.  Defense lawyers and brief warriors like to talk about summary judgments but the real secret is that summary judgment motions are for the most part just a way for them to bill their clients some more.  They are rarely, and I mean rarely, granted. Secondly, before any motion for summary judgment would be entertained, there would be some discovery at the very least.  Production of documents and depositions could be embarrassing to the university.

It would be expensive, but this is just he sort of case some firm would take on for the publicity alone.  Imagine the bragging rights in being the firm that "took down HDN".  Don't worry about the adverse publicity because publicity is publicity.  Just a long as they spell your name right, it is all good.

The biggest thing Beck would have to consider is Mitch's future with other teams.  A lawsuit would definitely hurt him with other schools.  For that reason alone, I am betting that she doesn't sue.  But don't kid yourself, if she wanted to push it, she could probably come up with something.  And while she might not win, she could get to a trial and that in itself would be a victory of sorts.

This thread is silly.  Who would have the most to lose in a lawsuit claiming that Mitch Mustain suffered "emotional distress" over emails?  First, in Arkansas to recover for Intentional Infliction of Emotional Distress you have to show that you suffered actual mental distress (as testified to by a professional) not just that you were "upset."  I bet the NFL scouts would love reviewing that testiomony in considering Mitch's mental toughness for the toughest position to play in pro sports.

At some point, you well meaning folks need to let this go for the boy's sake.  He is going to leave and lets hope he goes and has a great career somewhere.  Lets hope this is all forgotten about.  It simply is not a benefit to Mitch to go into the NFL draft with this as a bi-line to his career.  He is gone.  Nutt won for the moment.  Move on.  The more you talk about it, the more damage you are doing to him.  Cutting off your nose to spite your face.  If you want Nutt to leave, you have no choice but to hope we lose 6 or more games next year and you'll probably get your wish for sure.

[TX_razorhog]

How does Beck Campbell belong in MMQB?!?  I thought this was a forum "For all your Razorback sports discussion."

This is just so silly.

[Pigmund Freud]

I would make sure Mitch goes somewhere like SoCal. Then I would sit back and watch him have a Marino-esque career, and never think about Nutt or the UA again. Oh, and I would check the paper to see how much Tulsa is improving every week.

[razorhead69]

Beck!!   BLAH!!

Move on.

[LJHOG]

   file a lawsuit against Houston Nutt and the UofA about the emails after Mitch has transferred. I believe if Nutt is still here, there will be.
   Is there an attorney on Hogville that would know what grounds she would have?

As a mother, I can say that Beck Campbell has handled "things" fairly decently and with integrity... all for the sake of her son and his future.  All I know is that, if it would have been me and my son in that situation, I'd be in jail!

As a dad I say can say she should have let Mitch's dad handle it.  That situation called for a man to man talk that could have avoided all the surrounding publicity.  All parties would have been better served.

[lilredheadedlady]

   file a lawsuit against Houston Nutt and the UofA about the emails after Mitch has transferred. I believe if Nutt is still here, there will be.
   Is there an attorney on Hogville that would know what grounds she would have?

What would she have grounds to sue for?  Is HDN a weasel?  Yes, I certainly believe so.  Is he a liar?  Yes, again, in my opinion.  However, these "offenses" weren't against Beck, but against her son.  And since he's now 18 years of age and considered legally grown, it is for him to decide how he wishes to handle any perceived slights against him.

Really, at this point, Mitch's mother needs to stay out of the situation.  It only makes her son look worse and more of a "mama's boy."  I do think young Mr. Mustain has been lied to and treated poorly, but he is an adult now and he doesn't need his mother fighting his battles any longer. 

I think Ms. Campbell means well.  Every mother loves her son, naturally.  But, as much of a Mustain supporter as I am, even I was taken aback that she and other family members of his were making statements to the press, going to the coach, ect.  Whether it was with or without Mitch's permission, it makes him look bad.

And before you state that Ms. Campbell was interceding on her son's behalf in the role of an agent, I've considered that notion, too.   Mitch Mustain isn't an NFL player.  I hope he is one day, but at this point we're just talking college ball.  He needs to learn to take up for himself and worry about agents interceding for him when there are matters like money and contracts to deal with.

There's nothing to be gained at this point by slinging mud in a court room.

[Hawgon]

Oh, I don't know.  If it could be alleged and then evidence found in discovery that HDN or his brother either actually composed the e-mails or put someone up to it, then I think a cause of action could be found.  I don't know if intentional infliction of emotional distress is a cause of action in Arkansas, but that could be one.  Damages, not the cause of action, would be the tricky thing to prove. 

Don't listen to that crap about summary judgment.  First of all, judges won't grant a summary judgment on a Plaintiff if a case has any conceivable merit at all.   It certainly wouldn't be granted in a high profile case like this.  Defense lawyers and brief warriors like to talk about summary judgments but the real secret is that summary judgment motions are for the most part just a way for them to bill their clients some more.  They are rarely, and I mean rarely, granted. Secondly, before any motion for summary judgment would be entertained, there would be some discovery at the very least.  Production of documents and depositions could be embarrassing to the university.

It would be expensive, but this is just he sort of case some firm would take on for the publicity alone.  Imagine the bragging rights in being the firm that "took down HDN".  Don't worry about the adverse publicity because publicity is publicity.  Just a long as they spell your name right, it is all good.

The biggest thing Beck would have to consider is Mitch's future with other teams.  A lawsuit would definitely hurt him with other schools.  For that reason alone, I am betting that she doesn't sue.  But don't kid yourself, if she wanted to push it, she could probably come up with something.  And while she might not win, she could get to a trial and that in itself would be a victory of sorts.

This thread is silly.  Who would have the most to lose in a lawsuit claiming that Mitch Mustain suffered "emotional distress" over emails?  First, in Arkansas to recover for Intentional Infliction of Emotional Distress you have to show that you suffered actual mental distress (as testified to by a professional) not just that you were "upset."  I bet the NFL scouts would love reviewing that testiomony in considering Mitch's mental toughness for the toughest position to play in pro sports.

At some point, you well meaning folks need to let this go for the boy's sake.  He is going to leave and lets hope he goes and has a great career somewhere.  Lets hope this is all forgotten about.  It simply is not a benefit to Mitch to go into the NFL draft with this as a bi-line to his career.  He is gone.  Nutt won for the moment.  Move on.  The more you talk about it, the more damage you are doing to him.  Cutting off your nose to spite your face.  If you want Nutt to leave, you have no choice but to hope we lose 6 or more games next year and you'll probably get your wish for sure.

Lawyers show that they are no better at listening than anyone else.  As I have said in every post, for the last time, the cause of action is easy, DAMAGES ARE THE DIFFICULT PART IN THIS CASE.  There is a difference.  If someone negligently hits your car, you have a cause of action.  If you weren't injured and your car wasn't much damaged, you don't have damages but you do have a cause of action.

In this case damages are more subjective.  Doctors are whores.  One could be found to say that Mitch Mustain would never "play the piano again" because he was so emotionally damaged.  Then the question of damages gets subjective and a matter for a jury to determine.  It would survive a summary judgment.

To say that it could be done is not the same as saying it should be done or that it would be advisable for Beck and Mitch to pursue it, but merely that it could be done. 

[HDale]

If I was a member of Mitchs family. I would call Chuckie and Otis and Rick and confront them on the radio. I would then follow up with a up close and personal meeting. I also would have removed Mitch from under Nutts control and when that little bullying episode happened..Someone would have had one heckofa ass whooping..Maybe me maybe them. I know one thing those thugs would have to show me they could whoop me. BTW..I would have my posse with me to even out the numbers..I hate people who are bullies!! I hate people that condone bullying..It's a pitiful way to get things done. Just man up and do thing in the open. Bullies are cowards!

there wasnt any bullying. the players told him what was bothering them behind closed doors and took control of the team. and it worked. i admire olajubutu and k. jackson for what they did. it is their team and they were trying to get control of it.

"just man up and do thing in the open"......isnt that exactly what they did?

It really was a great team building moment for them to pull that on Mitch.
What was the win/loss record after that meeting that you say worked so well?

Oh yes.....0-3

[lilredheadedlady]

Hawgon,

     What would Beck have cause of action to sue for, though?  The things you're speaking of were committed against her son (who is an adult).  I wasn't aware that a parent could sue on behalf of a legally adult child unless they had power of attourney. 

Anyhow, the point is moot.  In our litigious society, Mustain could get a lawyer to come up with something if he REALLY REALLY wanted to, I'm sure.  However, I think he'd be more harmed by such a lawsuit in terms of his future football career than he would gain by it.

[Hawgon]

Hawgon,

     What would Beck have cause of action to sue for, though?  The things you're speaking of were committed against her son (who is an adult).  I wasn't aware that a parent could sue on behalf of a legally adult child unless they had power of attourney. 

Anyhow, the point is moot.  In our litigious society, Mustain could get a lawyer to come up with something if he REALLY REALLY wanted to, I'm sure.  However, I think he'd be more harmed by such a lawsuit in terms of his future football career than he would gain by it.

Mitch would be the one with the cause of action.  We are just assuming that Beck would be driving the train.  Admittedly, that is a possibly erroneous assumption.

[jbcarol]

   file a lawsuit against Houston Nutt and the UofA about the emails after Mitch has transferred. I believe if Nutt is still here, there will be.
   Is there an attorney on Hogville that would know what grounds she would have?

What would she have grounds to sue for?  Is HDN a weasel?  Yes, I certainly believe so.  Is he a liar?  Yes, again, in my opinion.  However, these "offenses" weren't against Beck, but against her son.  And since he's now 18 years of age and considered legally grown, it is for him to decide how he wishes to handle any perceived slights against him.

Really, at this point, Mitch's mother needs to stay out of the situation.  It only makes her son look worse and more of a "mama's boy."  I do think young Mr. Mustain has been lied to and treated poorly, but he is an adult now and he doesn't need his mother fighting his battles any longer. 

I think Ms. Campbell means well.  Every mother loves her son, naturally.  But, as much of a Mustain supporter as I am, even I was taken aback that she and other family members of his were making statements to the press, going to the coach, ect.  Whether it was with or without Mitch's permission, it makes him look bad.

And before you state that Ms. Campbell was interceding on her son's behalf in the role of an agent, I've considered that notion, too.   Mitch Mustain isn't an NFL player.  I hope he is one day, but at this point we're just talking college ball.  He needs to learn to take up for himself and worry about agents interceding for him when there are matters like money and contracts to deal with.

There's nothing to be gained at this point by slinging mud in a court room.

As reigning HS POY and we have now chosen to remove your red shirt, could you expect even a, "Hey glad you're on the team."  There are things you have to man up for and absorb and grow character and there are things you shouldn't have to.  Especially if winning is the ultimate goal of the team which apparently it was NOT.

Mr. jb has pressures every day.  He chooses to be a man and accept these head on or dodge skillfully when that is the better way  

When Mr. jb was six years old he was taking a beating on the school bus every day by the High School kids just because he was new, small, and they enjoyed it.  Should he have manned up and taken the "R" for the situation or try to get help.  We went to his father.  You might handle this differently but his father took what you would consider to be the high school equivalent of a "contract hit" on the folks harrassing his son.  Amazing that the harrassment stopped instantly and Mr. jb went on to enjoy what many would consider to be a very rewarding career and a contributor to society.

In my mind, in the situation he was in, with the pressure being applied by folks who could end his future, Mitch Mustain was closer in this application to six year old Mr. jb than the adult Mr. jb.  He needed help.  It seems like he was quietly enduring it long enough.  He tried as long as he could to be a man.  When threats come and the threats are followed up with action you get help.  You don't need this.

And don't misquote me on that.  Mr. jb's dad (my father-in-law) is still around

Mrs. jb

[toshortrock]

if it was my family,we would take the email over to nutt;s house,and see who wrote it,and then like a family to family meeting,we would have kick nutt in the balls

[DeltaBoy]

Have fun guys.  No cause of action here. Cases have to state a cause of action to get to court. They can't simply file a suit and hope a cause of action springs forth after people get under oath.

I don't know CMH.  A cause of action can be manufactured if you know what I mean.  Just because it's not winnable doesn't mean it won't find its way into a complaint.  (see Nolan lawsuit again).

Bacon out...

Nutt's legal squadron against Beck's would be a mismatch.  Teh case wouldn't make it past summary judgment, and costs would be assessed to Beck.  In other words, it'd be both expensive and useless. 

Also, someone said something about damages for lost income...forget about it.  Too speculative, and causation would be difficult, especially since Mitch transferred.  Now, you don't have to like what I'm saying (and judging by the smite meter, you rarely do), but such a suit would do more to damage Mitch and his mother than to damage Nutt at this point.  Nutt's got nowhere to go but up, and I'm sure schools would take note that they might be recruiting a lawsuit...

You forget there are lawyers in Arkansas that would take this one Pro Bono to get a shot a Nutt and all his big $$$$$$$$$$.

[BartIV]

Its defemation of Character

[razornole]

Oh, I don't know.  If it could be alleged and then evidence found in discovery that HDN or his brother either actually composed the e-mails or put someone up to it, then I think a cause of action could be found.  I don't know if intentional infliction of emotional distress is a cause of action in Arkansas, but that could be one.  Damages, not the cause of action, would be the tricky thing to prove. 

Don't listen to that crap about summary judgment.  First of all, judges won't grant a summary judgment on a Plaintiff if a case has any conceivable merit at all.   It certainly wouldn't be granted in a high profile case like this.  Defense lawyers and brief warriors like to talk about summary judgments but the real secret is that summary judgment motions are for the most part just a way for them to bill their clients some more.  They are rarely, and I mean rarely, granted. Secondly, before any motion for summary judgment would be entertained, there would be some discovery at the very least.  Production of documents and depositions could be embarrassing to the university.

It would be expensive, but this is just he sort of case some firm would take on for the publicity alone.  Imagine the bragging rights in being the firm that "took down HDN".  Don't worry about the adverse publicity because publicity is publicity.  Just a long as they spell your name right, it is all good.

The biggest thing Beck would have to consider is Mitch's future with other teams.  A lawsuit would definitely hurt him with other schools.  For that reason alone, I am betting that she doesn't sue.  But don't kid yourself, if she wanted to push it, she could probably come up with something.  And while she might not win, she could get to a trial and that in itself would be a victory of sorts.

I think the fear of having to enter a truthful deposition would be very bad for the coach and his staff and admin.  DO IT !

[razornole]

   file a lawsuit against Houston Nutt and the UofA about the emails after Mitch has transferred. I believe if Nutt is still here, there will be.
   Is there an attorney on Hogville that would know what grounds she would have?

As a mother, I can say that Beck Campbell has handled "things" fairly decently and with integrity... all for the sake of her son and his future.  All I know is that, if it would have been me and my son in that situation, I'd be in jail!

As a dad I say can say she should have let Mitch's dad handle it.  That situation called for a man to man talk that could have avoided all the surrounding publicity.  All parties would have been better served.

His "dad" isn't involved in his life. 

[mayjumpoffwagon]

i think she definitely has a case against TP.  and when i took her to civil court, i would depose everyone that she sent that email to.  thus i would put diana on the stand and we would have a nice little talk, like did HDN know, when did he know, have you ever spoken to him about what is in the email, what are the talks you have over the springdale crew in your house, did danny know, etc, etc, etc.  would open a can of worms, but i believe she would lie as well and show no integrity like her husband.  lying bunch of people make me compulsively nauseated.

[arklahoman36]

If I was Beck I would allow the people who continue to wallow in their own misery over a situation that doesn't affect their lives to continue to do so, while I helped my son make a decision regarding his future.
It sounds like most the people who support Beck filing suit, support it for their own selfish reasons, not because it would be best for her or her son.

[lilredheadedlady]

   file a lawsuit against Houston Nutt and the UofA about the emails after Mitch has transferred. I believe if Nutt is still here, there will be.
   Is there an attorney on Hogville that would know what grounds she would have?

What would she have grounds to sue for?  Is HDN a weasel?  Yes, I certainly believe so.  Is he a liar?  Yes, again, in my opinion.  However, these "offenses" weren't against Beck, but against her son.  And since he's now 18 years of age and considered legally grown, it is for him to decide how he wishes to handle any perceived slights against him.

Really, at this point, Mitch's mother needs to stay out of the situation.  It only makes her son look worse and more of a "mama's boy."  I do think young Mr. Mustain has been lied to and treated poorly, but he is an adult now and he doesn't need his mother fighting his battles any longer. 

I think Ms. Campbell means well.  Every mother loves her son, naturally.  But, as much of a Mustain supporter as I am, even I was taken aback that she and other family members of his were making statements to the press, going to the coach, ect.  Whether it was with or without Mitch's permission, it makes him look bad.

And before you state that Ms. Campbell was interceding on her son's behalf in the role of an agent, I've considered that notion, too.   Mitch Mustain isn't an NFL player.  I hope he is one day, but at this point we're just talking college ball.  He needs to learn to take up for himself and worry about agents interceding for him when there are matters like money and contracts to deal with.

There's nothing to be gained at this point by slinging mud in a court room.

As reigning HS POY and we have now chosen to remove your red shirt, could you expect even a, "Hey glad you're on the team."  There are things you have to man up for and absorb and grow character and there are things you shouldn't have to.  Especially if winning is the ultimate goal of the team which apparently it was NOT.

Mr. jb has pressures every day.  He chooses to be a man and accept these head on or dodge skillfully when that is the better way  

When Mr. jb was six years old he was taking a beating on the school bus every day by the High School kids just because he was new, small, and they enjoyed it.  Should he have manned up and taken the "R" for the situation or try to get help.  We went to his father.  You might handle this differently but his father took what you would consider to be the high school equivalent of a "contract hit" on the folks harrassing his son.  Amazing that the harrassment stopped instantly and Mr. jb went on to enjoy what many would consider to be a very rewarding career and a contributor to society.

In my mind, in the situation he was in, with the pressure being applied by folks who could end his future, Mitch Mustain was closer in this application to six year old Mr. jb than the adult Mr. jb.  He needed help.  It seems like he was quietly enduring it long enough.  He tried as long as he could to be a man.  When threats come and the threats are followed up with action you get help.  You don't need this.

And don't misquote me on that.  Mr. jb's dad (my father-in-law) is still around

Mrs. jb

It's apples and oranges, sir.  Mitch Mustain isn't a six year old.  Folks shouldn't treat him like one.  If he feels he's being railroaded or mistreated then, he, as a young man, should take up for himself. 

It's one thing if a young adult goes to his/her parents, asks their advice, and then the young person takes care of it themselves.  It's another if s/he goes to mom or dad and the parents handle it for them.  Do you see the difference there?  One is a young adult getting the information needed and handling it on their own steam.  That builds character.  The other example is a young adult abdicating their responsibilities totally.  That does NOT build character.

Furthermore, you can't really compare an 18 year old's capabilities and responsibilities with a six year old's capabilities and responsibilities.  They are not the same, however much we would like to protect and coddle our young. 

Thus I think that Ms. Campbell (well meaningly) overstepped her bounds a bit in regards to her son.  And while I think Mitch got a raw deal, I think if he wants a good chance at a new school and perhaps at an NFL career, they need to just let it go.  You can't sling mud without dirtying your own hands.   

Anyhow, I hope Mitch gets a fair shake at his next school, because Lord knows he didn't get one at the U of A.  And I think maybe being a little further away from his mother (nice lady that she seems to be) will do him some good.

[pneaville]

I wish Corey Beck was still our PG!  Woooo Pig Soooiee!!!   :razorback:   

[gopigsgo]

HawgWyld you are absolutely correct about the legal system. And I like what questions Bacon has brought to light. What if there are things out there we don't have a clue about. My question is about the moneys involved here. Is the U/A willing to throw the money away that it will have to spend to defend itself over the people it has hired. I have heard enough myself to know they would be responsible for their defense not the plaintiff.

[lilredheadedlady]

i think she definitely has a case against TP.  and when i took her to civil court, i would depose everyone that she sent that email to.  thus i would put diana on the stand and we would have a nice little talk, like did HDN know, when did he know, have you ever spoken to him about what is in the email, what are the talks you have over the springdale crew in your house, did danny know, etc, etc, etc.  would open a can of worms, but i believe she would lie as well and show no integrity like her husband.  lying bunch of people make me compulsively nauseated.

Well, first of all, I wasn't aware you could compel a spouses to testify against one another.  But even if you did get her on the stand, she could lie and you really wouldn't be able to prove otherwise.

It's the same thing with Teresa.  I'm sure you COULD ask her if HDN put her up to sending the email, but if she says no (whether it be the truth or not) could you really prove otherwise?  EVEN if she was on the phone with him shortly before she sent the email, she could say they didn't discuss her correspondance with Mitch Mustain.  And could you prove otherwise?  No.  You couldn't.  If HDN had put her up to something like that, he's certainly not going to admit it either.

So what you'd have would be a lot of circumstantial evidence, it would seem to me.  Yes, a lot of folks think he's a weasel and he's done some shady stuff.  I think that, too.  But proving it would be another thing entirely.  It wouldn't be likely to accomplish much other than drag the Razorback name and that of Mitch Mustain's through MORE mud, as well as harm the young man's prospects for a future in the sport he loves.

[mayjumpoffwagon]

i think she definitely has a case against TP.  and when i took her to civil court, i would depose everyone that she sent that email to.  thus i would put diana on the stand and we would have a nice little talk, like did HDN know, when did he know, have you ever spoken to him about what is in the email, what are the talks you have over the springdale crew in your house, did danny know, etc, etc, etc.  would open a can of worms, but i believe she would lie as well and show no integrity like her husband.  lying bunch of people make me compulsively nauseated.

Well, first of all, I wasn't aware you could compel a spouses to testify against one another.  But even if you did get her on the stand, she could lie and you really wouldn't be able to prove otherwise.

It's the same thing with Teresa.  I'm sure you COULD ask her if HDN put her up to sending the email, but if she says no (whether it be the truth or not) could you really prove otherwise?  EVEN if she was on the phone with him shortly before she sent the email, she could say they didn't discuss her correspondance with Mitch Mustain.  And could you prove otherwise?  No.  You couldn't.  If HDN had put her up to something like that, he's certainly not going to admit it either.

So what you'd have would be a lot of circumstantial evidence, it would seem to me.  Yes, a lot of folks think he's a weasel and he's done some shady stuff.  I think that, too.  But proving it would be another thing entirely.  It wouldn't be likely to accomplish much other than drag the Razorback name and that of Mitch Mustain's through MORE mud, as well as harm the young man's prospects for a future in the sport he loves.

Where are the cookies?    :razorback:

[Hawgon]

i think she definitely has a case against TP.  and when i took her to civil court, i would depose everyone that she sent that email to.  thus i would put diana on the stand and we would have a nice little talk, like did HDN know, when did he know, have you ever spoken to him about what is in the email, what are the talks you have over the springdale crew in your house, did danny know, etc, etc, etc.  would open a can of worms, but i believe she would lie as well and show no integrity like her husband.  lying bunch of people make me compulsively nauseated.

Well, first of all, I wasn't aware you could compel a spouses to testify against one another.  But even if you did get her on the stand, she could lie and you really wouldn't be able to prove otherwise.

It's the same thing with Teresa.  I'm sure you COULD ask her if HDN put her up to sending the email, but if she says no (whether it be the truth or not) could you really prove otherwise?  EVEN if she was on the phone with him shortly before she sent the email, she could say they didn't discuss her correspondence with Mitch Mustain.  And could you prove otherwise?  No.  You couldn't.  If HDN had put her up to something like that, he's certainly not going to admit it either.

So what you'd have would be a lot of circumstantial evidence, it would seem to me.  Yes, a lot of folks think he's a weasel and he's done some shady stuff.  I think that, too.  But proving it would be another thing entirely.  It wouldn't be likely to accomplish much other than drag the Razorback name and that of Mitch Mustain's through MORE mud, as well as harm the young man's prospects for a future in the sport he loves.

First of all, this would be a civil case, not a criminal case, so spouses are fair game.  Second of all, if one were to sue TP then Diana would not be a "spouse" anyway.  Sure, she could lie, but any competent attorney would get into the issue about timelines and all other sorts of things that would obviously show the Nutts to be liars.  Secondly, there may actually be a "smoking gun" that discovery would uncover.

Finally, the standard of proof for a civil case is "more likely than not".  That is easily provable in this case.  People get wrapped around that "proof" thing and always say "you can't prove anything".  Well, only God above and the people involved ultimately know what happened, but if a jury thinks it is "more likely than not", then that is enough in a civil case.  Crap, there is enough smoke surrounding this case that if Teresa Prewett had walked in and shot Mustain, the Nutt's would be squirming. 

I wish somebody would sue for something because HDN would probably come out looking like the biggest lying idiot in the world.  However, I don't really expect it to happen.

[VinnyW]

Have fun guys.  No cause of action here. Cases have to state a cause of action to get to court. They can't simply file a suit and hope a cause of action springs forth after people get under oath.

I don't know CMH.  A cause of action can be manufactured if you know what I mean.  Just because it's not winnable doesn't mean it won't find its way into a complaint.  (see Nolan lawsuit again).

Bacon out...

If you dont have a cause of action then the judge throws it out of court at a preliminary hearing...its called a 12(b)(6) motion...no trial...no lawsuit

[VinnyW]

   file a lawsuit against Houston Nutt and the UofA about the emails after Mitch has transferred. I believe if Nutt is still here, there will be.
   Is there an attorney on Hogville that would know what grounds she would have?

a civil lawsuit could have a number of reasons.  Mental distress over the inaction could be one.  Loss of (future) income could be one. 

But this is all speculative and conjecture if you ask me.

Bacon out...

In order for a civil trial there needs to be negligence...what negligence is is a semester long class in law school and can not be contained in one post...however let me assure you that before they released the email Scott Varady and all the other U of A lawyers researched this issue completely before hand...if they didn't they would be liable for malpractice likely

[Coacht]

Is harassment of an 18 year old student legal? I thought there were laws against that.