Oo, Oo, Weckerly Woman -- PART 3

We now have a couple of reports on today's hearing.

Very interesting.

A few observations:

(1)  Defendants' attorneys repeatedly condemned the lawsuit as "lies."  Of course, a defendant who denies the truth of a pleading is going to take that position.  But as I've noted, the court is not going to assess the truth of the complaint at this point so that isn't going to get the Cowboys/Jones anywhere.  And it sounds like it didn't get defendants anywhere today.

(2)  Weckerly's lawyer made the argument that the statute of limitations should have been stopped during any period that the defendant is out of the state, as he alleged in the original complaint.  Defendants' lawyer argued that the law didn't apply because Jerry is very well-known and could have been found at any time, in or out of the state, to be served.  The judge was skeptical of this argument, suggesting that Jerry was arguing that he should be treated differently from any other defendant. 

Score one for Weckerly.  However, I don't see how this overcomes the Cowboys' statute of limitations argument.  The corporate "person" of the Cowboys never left the state.

(3) This site suggested in an earlier post that a better argument for stopping the statute of limitations involved the concept of "duress," illustrated by the allegations that Weckerly was subjected to a variety of pressures from defendants to keep quiet, which would prevent her from taking advantage of the court system while the statute was running.

Judge, it's like Dirty Harry said in Magnum Force:  "A man has got to know his limitations."

Now, Weckerly has explicitly made that argument.  From the account in the Observer:  "Weckerly, Bowers said, accepted the money, which she didn't want, under duress and without a lawyer.  'Having just been a victim of sexual assault, she was coerced by forced payments and threats,' Bowers said. 'We've got a mountain of intimidation and threats.'"

 (4)   Weckerly's lawyer has also added conspiracy allegations.  I don't know too much about this.  I don't think Jerry can conspire with the Cowboys, which is why Weckerly has now added the Cowboys' lawyer as a defendant.   (I'm not sure whether a lawyer can be held liable for conspiracy for actions in the course of representing his client.  Maybe, under particularly outrageous circumstances.  No idea on this one.)  The point of the conspiracy allegations is to allow Weckerly to argue that the statute is extended for an additional period measured from the last act of conspiracy -- in this case, the alleged forced payments.

Another hearing is set for October 16.  The judge said that the parties could argue the facts at that time.  It sounds like it may be an actual mini-trial limited to the limitations issue, where sworn testimony will be presented.  This seems a bit premature -- I would have thought that the parties would have been given the opportunity for discovery on the limitations issue, but sworn testimony is sworn testimony, I guess.  Might also be presented via affidavit.  Again, no idea on this one, although I would think that the pretty short hearing date might marginally favor Jerry.

It's hard to say, and we'll see what Weckerly can prove or credibly testify to on October 16.  On balance, I'd say this round went to her.  The judge could have ruled that even if Weckerly proved her allegations the statute would still have run out and he would have dismissed the case.  But it appears to my unschooled eye that the judge thinks that Weckerly's legal theories on the limitations issue are correct, and that if she proves what she's claiming factually -- the case will proceed.