This Whole Ben Roethlisberger Thing
It is Friday. Normally I try to keep this blog limited to topics related to personal injury litigation. This is because that's what we do here at Miller & Zois, and because I don't think anyone really cares to hear my opinion on most other topics. But since today is Friday, and I am ready for a week at the beach with my lovely new fiancee, I am going to let my mind wander a little.
The popularity of the National Football League and the modern 24 hour news cycle make it likely that by now everyone knows that Pittsburgh Steelers quarterback Ben Roethlisberger has been served with a civil suit alleging he committed a sexual asssault. I have no idea if those allegations are true or not, and I am not going to speculate. I originally found out about this case from the reporting on ProFootballTalk.com from editor Mike Florio, who in addition to his PFT duties is also a lawyer. Since I am also both a football fan and a lawyer, there are a few things I find interesting about the details that have come out so far.
First is that the accuser is represented by Calvin Dunlap, of Reno, Nevada. He's far from a nobody in the Nevada legal world. He was the Nevada Trial Lawyers' Association's 2007 Trial Lawyer of the Year. The Maryland Association for Justice gives a similar yearly award, and my experience tells me that if you win it, it is likely you are a good lawyer and have a solid reputation in the legal community. Mr. Dunlap is also a former prosecutor who is noted for never having lost a jury trial during his tenure. He has handled other high-profile cases, including handling a divorce for the wife of the Nevada governor. Having a reputable lawyer who trys and wins cases automatically lends more credence to the claims in the lawsuit. Experienced, reputable lawyers are reluctant to bring weak claims, particularly in high profile cases. Plus, I love the quote the guy gave the media. PFT reports:
McNulty's lawyer, Calvin Dunlap, also declined comment. When asked if there was any reason why not, he said, "Yeah, we try our cases in court, not in the media."
Let's hear it for lawyers who shut up and try cases. A tactic more people should try.
Second, there has been criticism of the timing of the suit coming directly before training camp and approximately a year after the alleged incident. Florio speculates that the timing may be because Roethlisberger was in Nevada for this year's version of the same celebrity golf tournament where the allegations took place, which might be when he was served with the suit papers.
If that is true, it was a smart thing for Mr. Dunlap to do. This is because Big Ben's presence in Nevada gives the state of Nevada personal jurisdiction over him. Personal jurisdiction requires certain minimum contacts with the forum state, which in normally satisfied by being physically present in the state when served with process. This means that when/if the case goes to trial, it will be in Nevada, in front of a Nevada jury, rather than in Pennsylvania/Pittsburgh in front of a jury that is most likely going to be pro- Roethlisberger.
I wonder if Mr. Dunlap has taken a cue from our in-house sports law expert Ronald V. Miller, Jr.? Back in 2001, Ron was representing a sports management company that had a claim against then-NFL punter Todd Sauerbrun. In order to satify the minimum contacts needed to make him subject to suit in Maryland, Ron waited until he had a game against the Ravens and served him with the suit when he got off the plane. Otherwise, the case could not have proceeded in Maryland.
The advantage to the Plaintiff in the Roethlisberger case from the case being tried in Nevada rather than Pennsylvania is enormous. Like I said, I don't know if any of the allegations are true or not. But the Plaintiff being represented by a real lawyer who knows what he is doing gives her case a lot more credence in my mind.
