Save By The LeVeon Bell: My TSN article on Bell, Blount and Blunt

I take a look at possible punishments against Leveon Bell and LaGarrette Blount, and by extension provide fantasy advice. Click here to read my TSN article on Bell, Blount and Blunt.

Bertuzzi/Moore: It Ain't Settled Until the Fat Bailiff Sings

It's settled.

It's not settled.

Hang on - it's settled.

Wait - it's not settled. And that's where we are now.

Until such time as a Notice of Discontinuance is filed with the Court, there is no settlement. This type of Notice is filed with the Court with the consent of both parties letting the Court know it's over. Anything short of that means it's not technically over. And technically means a lot. 

These things can go sideways at the 11th hour and it's not unusual to believe that settlement has been achieved when in fact it has not.

I mentioned yesterday on Twitter it was highly unusual, if not completely unprecedented, to see a play by play of the tail end of settlement talks. I've never seen that in the context of an Ontario action and expect I never will. That made me wonder as to the legitimacy of the claims being made.

Ultimately, it is unclear where this confusion is coming from. However, it does raise some interesting questions.

Bertuzzi, Moore & Possible Settlement

TSN’s Bob McKenzie is reporting that lawyers for Todd Bertuzzi and Steve Moore are engaged in “deep negotiations” with a view to settling the lawsuit. He has also reported that settlement is not yet finalized. There have been reports that the lawsuit has been settled. However, those reports are premature.

Moore NHL playing career ended in March 2004 when Bertuzzi, playing for Vancouver, jumped on Moore of the Colorado Avalanche from behind, and drove his head into the ice. As a result of the incident, Moore broke three vertebrae and will not play NHL hockey again.

Typically in civil cases (suing for money), parties are engaged in settlement discussions throughout the entire process. While it’s a standard occurrence, as the trial date bears down on the parties, there is an added incentive for the parties to settle. The certainty of settlement is often preferred to the uncertainty of a trial decision. Parties are further incentivised to settle in light of Court rules that penalize parties if they refuse a reasonable settlement offer.

Reports are that Moore is seeking about $38 million. I can’t confirm whether that is accurate. His lawyer Tim Danson, though, will consider a number of factors when arriving at a proposed dollar figure.

First, he will want Bertuzzi to compensate Moore for his lost NHL earnings. Bertuzzi would argue that Moore was a fringe fourth liner that had very limited earning potential and may not have stuck around the NHL. On the flip side, Moore will argue that at the age of 25 he was coming into his own and was poised to enjoy a long and fruitful career in the NHL. For example, Danson could take the position that Moore would have played 10 years at an average salary of $2 million a year, which would take his hockey earnings to $20 million. That number may be low for a 10 year veteran, but that’s q starting point. Ultimately, it is difficult to predict and the sides would each bring in experts to opine on the likely trajectory of Moore’s career. As you can appreciate, the sides would have entirely different opinions.

Danson will also want compensation for Moore’s lost future earnings outside of hockey to the extent that Bertuzzi is responsible. Danson has alleged that 10 years after the incident, Moore is still suffering from concussion symptoms and has difficulty focusing on a given task. As a result, Danson would argued that his client’s future earning potential has been substantially compromised.

Danson would maintain that Moore’s earning potential outside of hockey was likely to be substantial. Moore is a Harvard grad who had aspirations to work in the financial sector. Theoretically, he could have been a good earner, but because of his cognitive injury, he won’t be. As a result, Moore must be compensated for that loss.

Part of the monetary equation will include compensation for Moore’s pain and suffering and payment of part of his legal fees.

The issue of quantum is certainly a complex one and requires expert evidence. Both sides will likely have very different ideas of what constitutes appropriate compensation under the circumstances. But you can see how quickly things add up.

Under settlement is formally announced and all documents are signed, the case is not settled.

And one more thing: the terms of settlement will be confidential unless the parties agree for partial disclosure of terms. In cases with great public profile, that can happen. However, in this case, don’t bet on it.

My 2 Minute Tribute to Robin Williams With The Help of Louis Armstrong

Here's my 2 minute tribute to Robin Williams with the help of Louis Armstrong. It starts with audio footage from 1971, where a rising star is introduced to a nightclub.

May Mr. Williams find peace.

Pistorius Resources: Offside Articles & Radio Shows

Today the Oscar Pistorius trial ended. Judge Masipa announced that a verdict would be presented on September 11, giving the Court a little over 1 month to sort all this out. 

I have covered this trial in some depth. On my TSN radio show Offside I have played an analysed a lot of the testimony. I have also written a number of articles on this high profile trial. 

I have been asked a number of times if I believe Pistorius will be convicted of murder,

So at the risk of repeating myself, I have decided to reproduce links to my articles and radio shows, which outline my views on this case. I'm of course happy to answer any questions. You can send me your questions or comments through Twitter - @EricOnSportslaw.

The radio shows below where I carve out his testimony and comment is a good starting point. Don't mind all his crying.

Articles

Legal Look: Pistorius & A Tale Of Two Defences

August 7, 2014

Legal Look: Pistorius And His State Of Mind

July 3, 2014

Legal Look: The Pistorius Defence Takes Centre Stage

April 7, 2014

Legal Look: Oscar Pistorius Murder Trial

March 4, 2014

Legal Look: Why It's No Surprise Pistorius Is On Bail

February 22, 2013

Radio

April 9 Offside Radio Show: Start here for review of key testimony 

April 15 Offside Radio Show: Review of more testimony

April 22 Offside Radio Show: More of Pistorius testimony

3 Minute Compilation of Pistorius Testimony

3 Minute Compilation of Pistorius Testimony

Click here to listen to my 3 minute compilation of Pistorius' testimony.