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Marcellus Wiley

Nothing needs to be proven heading into a lawsuit - that's why the lawsuit happens. However, most people want to go into filing a lawsuit feeling that they have a reasonable chance of winning.

Tell me, if I'm the attorney and you're Brian Kelly, what damages have you sustained, and how are you quantifying them?
I don't have to tell you - that's the great part of the jury. They are peers and may be 'sick and tired of the exact same thing!!!'.
 
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You're hoping for jury nullification to win you a defamation case with no demonstration of actual damages? Not happening. You are way more angry about this then most.
 
He is on one of thier most popular shows
Maybe to you...not to me. And, likely not to the majority of America. I am being honest when I say I have never heard his name before. Are you trying to say here that racism is ok if you have heard the guest before? IDK, your actions are weird.
 
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I don't have to tell you - that's the great part of the jury. They are peers and may be 'sick and tired of the exact same thing!!!'.

Again, I don't think you understand defamation lawsuits. If you can't prove that you've been damaged, then you can't win the lawsuit.

Other attorney: "Brian, how have you been damaged?". Kelly: "Uhh........"
 
You're hoping for jury nullification to win you a defamation case with no demonstration of actual damages? Not happening. You are way more angry about this then most.
Are you sure about that??? Are you willing to risk how people feel about 'wrongly being called a racist'??? I am in....I AM ALL IN!!!
 
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Maybe that is because the person making the claim is not nationally known or recognized. I had never heard of this person in my life. Maybe a campaign needs to be started introducing this person as the face of ESPN.


Wiley should be fired ! You cannot make accusations like that and not be held accountable. He has no evidence at all. ESPN is a joke! Let's say if Wiley was a white Caucasian making a statement that Charlie strong was a racist do you think he would keep his job???? Not a chance. ESPN would fire him. Cowherd got fired basically because of his comments on radio show. Yes I know he put his notice in prior but still shows how every other race in this country but white people can say whatever they want and have no repercussion! It's out of control
 
Again, I don't think you understand defamation lawsuits. If you can't prove that you've been damaged, then you can't win the lawsuit.

Other attorney: "Brian, how have you been damaged?". Kelly: "Uhh........"
Proving defamation and damage would be the easiest thing in the world for me to prove. Defamation of character of a person who makes millions a year in his job for a business that makes billions a year is pretty simple. GEEZ, why don't you just go play for the other team (officially) and stop pretending you care one shit about ND.
 
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ESPN - Sports
Fox News - News

same

they are about sponsors money not constructive information
Ummm... You left out CNN and MSNBC just to make sure you're staying impartial. Makes your point more valid. Or is it news organizations who hold your political point of view don't engage in this only the ones who don't?
 
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Wiley should be fired ! You cannot make accusations like that and not be held accountable. He has no evidence at all. ESPN is a joke! Let's say if Wiley was a white Caucasian making a statement that Charlie strong was a racist do you think he would keep his job???? Not a chance. ESPN would fire him. Cowherd got fired basically because of his comments on radio show. Yes I know he put his notice in prior but still shows how every other race in this country but white people can say whatever they want and have no repercussion! It's out of control
THANK YOU!!! You are saying what the majority of Americans are thinking. This is EXACTLY why a jury of peers would CRUSH this case and double or triple the damages to ESPN.
 
Maybe to you...not to me. And, likely not to the majority of America. I am being honest when I say I have never heard his name before. Are you trying to say here that racism is ok if you have heard the guest before? IDK, your actions are weird.
Are you a male aged 15-30 because that is who that show is targeted to and that is who that show kills with. Its a big enough show that if there was going to be backlash over it other media outlets would be carrying the story and they aren't.

Nothing I have said would indicate that racism is ok. What I have said and suggested is that one sports talk pundit's opinion the BK is racist is not something you can actually sue over. Also, I believe that not many people actually take what Wiley said as the truth or seriously because if they did it would be a bigger story.
 
Proving defamation and damage would be the easiest thing in the world for me to prove. Defamation of character of a person who makes millions a year in his job for a business that makes billions a year is pretty simple. GEEZ, why don't you just go play for the other team (officially) and stop pretending you care one shit about ND.

Go ahead - prove damages with some type of quantifiable measure. I think you've been asked multiple times to do so and haven't done it yet.

I think Wiley's statement was ridiculous and, to say the least, unprofessional. I don't have an issue with him being suspended. However, I think people who want to see a lawsuit fail to actually understand what it takes to be successful in such a lawsuit. Think of how many ridiculous things are said daily about public figures. Have you ever noticed how very, very few of them result in a lawsuit? There's a reason for that.

Finally, I should add that it's ridiculous to claim that I don't care about Notre Dame. I care enough about Notre Dame to not want my coach distracted by a ridiculous lawsuit that has zero chance to succeed when we're trying to win a national championship.
 
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Wiley should be fired ! You cannot make accusations like that and not be held accountable. He has no evidence at all. ESPN is a joke! Let's say if Wiley was a white Caucasian making a statement that Charlie strong was a racist do you think he would keep his job???? Not a chance. ESPN would fire him. Cowherd got fired basically because of his comments on radio show. Yes I know he put his notice in prior but still shows how every other race in this country but white people can say whatever they want and have no repercussion! It's out of control
1. Cowherd got more money to go to Fox and after that deal was announced he got suspended 2 weeks before his scheduled end date for his comments. Cowherd had said things way more questionable in the past without getting touched by ESPN.

2. Poor poor white people its so tough being white in America
 
Are you a male aged 15-30 because that is who that show is targeted to and that is who that show kills with. Its a big enough show that if there was going to be backlash over it other media outlets would be carrying the story and they aren't.

Nothing I have said would indicate that racism is ok. What I have said and suggested is that one sports talk pundit's opinion the BK is racist is not something you can actually sue over. Also, I believe that not many people actually take what Wiley said as the truth or seriously because if they did it would be a bigger story.
I am not 15-30. Does the show carry a caveat that 'only people from 15-30 can watch'? Does ESPN claim that their broadcast is the "WORLD-WIDE LEADER IN SPORTS"? Yes or no? This is so simple...just say what is true - that's all. Dude, no one is asking you to lie.

Normal, every day people are tired of being called 'racist'. ENOUGH IS ENOUGH!!! It's time to take a stand and put an end to it. If it can happen to you or my neighbor or to the coach of Notre Dame then IT CAN HAPPEN TO ANYONE!!!

Go on and make your money saying people should not be offended by being called a racist. That being called a racist is commonplace for those that are 15-30. You disgust me!!!
 
1. Cowherd got more money to go to Fox and after that deal was announced he got suspended 2 weeks before his scheduled end date for his comments. Cowherd had said things way more questionable in the past without getting touched by ESPN.

2. Poor poor white people its so tough being white in America


I understand he left ESPN for fox as many others from ESPN did as well. Probably because of ESPN talk of laying off hundreds prior to it actually happening.

As far as cowherd , yes he says lots of things maybe he should not but he is not the only one. I can name many others that say things much worse and they have jobs. It's all about your perspective and mine is what I said earlier. I don't really care about your opinion above and just stated mine. Nobody said anything about poor poor white people. I just stated the truth.

Also cowherd was suspended without pay before like Bill Simmons before him and many others. My point is Wiley should be fired. He has zero evidence that kelly is a racist. ESPN should suspend him without pay at least. I always love people saying I hate using the race card but always do lol. I expect all people to be held accountable for their actions but most are not. The media is the worst for not being held accountable other than politicians
 
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Proving defamation and damage would be the easiest thing in the world for me to prove. Defamation of character of a person who makes millions a year in his job for a business that makes billions a year is pretty simple. GEEZ, why don't you just go play for the other team (officially) and stop pretending you care one shit about ND.

IG, you just convinced me. For a $10,000 retainer and $500 an hour, I'll start working to file your $100M defamation lawsuit against ESPN. Since I'll be billing hourly, you can keep all the damages awarded by the jury. I accept all major credit cards and invoice monthly. We can set your credit card up for automatic billing.

Just of curiosity, do you own any property . . .
 
1. Cowherd got more money to go to Fox and after that deal was announced he got suspended 2 weeks before his scheduled end date for his comments. Cowherd had said things way more questionable in the past without getting touched by ESPN.

2. Poor poor white people its so tough being white in America
Poor, poor white people - what does that mean exactly?
 
We have serious issues in this country and racism remains one of those issues.

That being said, only a moron would call Coach Kelly a racist. He works to develope young men of all colors each and every day and has never come close to doing anything that shows race plays any factor in his decisions and lifestyle.

ESPN is not racist or reverse racist and even the likes of Fox on the far right and MSNBC who is certainly left can't be called racist, with few exceptions like O'Reilly and Sharpton. Wiley really shows his ass here, much like those who called Kelly a murderer in the Sullivan case or still mislead people over the circumstances of Manti Teo, just because they hate Notre Dame.

Speaking of Manti, ESPN and many more never apologized to him or Notre Dame over how they convicted him before they knew what happened. Hell, some people still think he did wrong when he was nothing worse than a naive kid.
 
THANK YOU!!! You are saying what the majority of Americans are thinking. This is EXACTLY why a jury of peers would CRUSH this case and double or triple the damages to ESPN.
1. I doubt the the majority of Americans are thinking that because there is no public outcry for his job

2. TRIPLE 0 = 0
 
IG, you just convinced me. For a $10,000 retainer and $500 an hour, I'll start working to file your $100M defamation lawsuit against ESPN. Since I'll be billing hourly, you can keep all the damages awarded by the jury. I accept all major credit cards and invoice monthly. We can set your credit card up for automatic billing.

Just of curiosity, do you own any property . . .
Maybe you should talk with BK. I can fund my own.
 
Maybe you should talk with BK. I can fund my own.

No, I'm talking about you. ESPN has clearly caused you great emotional distress. I'd like to represent you precisely because you can fund the case. I'd happily devote all the time necessary and expense to present your claims to the fullest extent ethically permissible. Heck, maybe I can split that $10,000 retainer and $500/hour with SAL. Given the amount of time I'd need to set aside to make room for this case, the retainer would need to be non-refundable.

What do think SAL - You ALL IN?
 
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ignore wiley and his show. that's how he gets fired. personally, I could care less what he says.
 
Wut? You are bent out of shape that people are offended. I am offended and many others offended.

Don't pretend to not know what you are talking about.
I am not bent out of shape though. I just don't believe the American public cares about 1 opinion calling BK racist.
 
ignore wiley and his show.

This is correct. Wiley's statement was complete bullshit, but I don't want any more attention drawn to it than necessary. Some people here want to be reckless and jeopardize the chance at a national championship by demanding that our coach file a lawsuit that has no chance to succeed and will only result in a distraction to the team, thus negatively affecting Notre Dame's opportunity to win a national championship.

I'm fine if Kelly calls out the statement as bullshit in a press conference, and I'm fine if Swarbrick places a call to ESPN with a complaint, but the idea that a lawsuit should get filed - let alone the idea that such a lawsuit has a reasonable chance to succeed - is ludicrous.
 
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Wut? You are bent out of shape that people are offended. I am offended and many others offended.

Don't pretend to not know what you are talking about.

All joking aside, IG, I don't think its a matter of about whether or not people should be offended. I think some of us just realize that a lawsuit against ESPN wouldn't be a very practical way of addressing it.

Be offended. Be very offended if you want. Seriously. But if you're hoping for change, I wouldn't pin my hopes on a defamation suit and against a media outlet with strong First Amendment rights and a bully pulpit with a national following. The media circles the wagons when one of their kind gets sued for defamation.
 
IG, you just convinced me. For a $10,000 retainer and $500 an hour, I'll start working to file your $100M defamation lawsuit against ESPN. Since I'll be billing hourly, you can keep all the damages awarded by the jury. I accept all major credit cards and invoice monthly. We can set your credit card up for automatic billing.

Just of curiosity, do you own any property . . .
IJD, I cannot even tell you how I wish this was my lawsuit. I would sue ESPN for $1B. What can they say? He will never make that much money? How do they know?

A jury would have to send a message: either saying to me that it's ok for ESPN to call me a racist; or, it's not ok and they should pay for their mistake.
 
IJD, I cannot even tell you how I wish this was my lawsuit. I would sue ESPN for $1B. What can they say? He will never make that much money? How do they know?

A jury would have to send a message: either saying to me that it's ok for ESPN to call me a racist; or, it's not ok and they should pay for their mistake.

I don't think you have a clue regarding how a lawsuit works. It's not on the defendant to prove that Brian Kelly wouldn't be damaged one billion dollars.
 
I am not 15-30. Does the show carry a caveat that 'only people from 15-30 can watch'? Does ESPN claim that their broadcast is the "WORLD-WIDE LEADER IN SPORTS"? Yes or no? This is so simple...just say what is true - that's all. Dude, no one is asking you to lie.

Normal, every day people are tired of being called 'racist'. ENOUGH IS ENOUGH!!! It's time to take a stand and put an end to it. If it can happen to you or my neighbor or to the coach of Notre Dame then IT CAN HAPPEN TO ANYONE!!!

Go on and make your money saying people should not be offended by being called a racist. That being called a racist is commonplace for those that are 15-30. You disgust me!!!

The Show doesn't care a caveat that only people from that age group can watch but it does target those age groups hence if you don't watch the show or don't find it appealing that would explain why you may not know who the guy is.

You can take a stand against being called racist just like all people can, but being justified in taking a stand against those actions isn't a justification to go to Court.

I don't know where you are getting that I am suggesting being called racists is commonplace for those that are in that age group. I feel like your are really fired up about this and not seeing that we are close then you think. I agree with you that calling people racist when they are not racist is a bad thing for a multitude of reasons. I do not agree that there is a defamation suit here.
 
No, I'm talking about you. ESPN has clearly caused you great emotional distress. I'd like to represent you precisely because you can fund the case. I'd happily devote all the time necessary and expense to present your claims to the fullest extent ethically permissible. Heck, maybe I can split that $10,000 retainer and $500/hour with SAL. Given the amount of time I'd need to set aside to make room for this case, the retainer would need to be non-refundable.

What do think SAL - You ALL IN?
You really think you are cute - don't you?
 
IJD, I cannot even tell you how I wish this was my lawsuit. I would sue ESPN for $1B. What can they say? He will never make that much money? How do they know?

A jury would have to send a message: either saying to me that it's ok for ESPN to call me a racist; or, it's not ok and they should pay for their mistake.
You wouldn't get past summary judgment.
 
IJD, I cannot even tell you how I wish this was my lawsuit. I would sue ESPN for $1B. What can they say? He will never make that much money? How do they know?

A jury would have to send a message: either saying to me that it's ok for ESPN to call me a racist; or, it's not ok and they should pay for their mistake.

The reason that lawyers talk about damages is because if the person suing can't present evidence of any actual loss, then the judge dismisses the suit before it goes to the jury and ESPN gets to run around claiming it was vindicated because the just tossed the suit.
You wouldn't get past summary judgment.

Shhh, that's why we're not taking it on contingency.
 
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