Chicago Blackhawks ask court to throw out negligence case around sexual assault

[Aarongavey]

https://www.tsn.ca/nhl/rick-westhead...-doe-1.2061257

Stay classy Chicago, relying on laches to try to get rid of the claim.

The Chicago Blackhawks have asked a court to dismiss a negligence lawsuit filed by a former player who alleges he was sexually assaulted during the 2009-10 Stanley Cup season and playoffs by former team video coach Brad Aldrich, saying the player took too long to make his claim.

Plaintiff knew that he was injured by Aldrich… by no later than June 2010,” the Blackhawks wrote. “Although plaintiff may not have understood the ‘full extent’ of the negligence he now alleges, his knowledge was plainly sufficient to start the clock on the statute of limitations.”

The player alleged in his claim that Aldrich sent him harassing text messages, attempted to make him watch pornography with him, offered to pay for plaintiff to receive sexual favours from a masseuse if Aldrich could watch, physically assaulted him by grabbing him and “grinding” his genitals against him, and attempted to join him and a woman in a sexual encounter.

The filing says that the player allegedly told then-team mental skills coach Jim Gary about his interactions with Aldrich and that Gary told him he “should move on with his life.”
The team wrote in its motion to dismiss that even if Gary did tell the player to move on with his life, “these facts do not constitute extreme and outrageous conduct. Gary’s alleged comments were no doubt insensitive and inappropriate, but they were not so severe that no reasonable man could be expected to endure them…”

[Goriders]

Where is that Aldrich guy now? Hopefully he has spent some time in jail.

[btimbit]

Originally Posted by Goriders

Where is that Aldrich guy now? Hopefully he has spent some time in jail.

Iirc, he did 9 months for a separate sexual assault, still nothing for any Blackhawks stuff

[All In Good Time]

Fantastic

[Burn13]

Trash organization.

[gvitaly]

I think it would be strange for their legal council to not at least attempt to dismiss the case off the bat. That's what the legal team is paid to do, regardless of the actual guilt of the organization.

I obviously don't love what the organization did, and how they went about their business after.

[Macaroni]

Originally Posted by gvitaly

I think it would be strange for their legal council to not at least attempt to dismiss the case off the bat. That's what the legal team is paid to do, regardless of the actual guilt of the organization.

I obviously don't love what the organization did, and how they went about their business after.

Well I guess we should just all be okay with it if thats what legal councils do.

[bluejays]

Originally Posted by gvitaly

I think it would be strange for their legal council to not at least attempt to dismiss the case off the bat. That's what the legal team is paid to do, regardless of the actual guilt of the organization.

I obviously don't love what the organization did, and how they went about their business after.

Yeah, exactly. What I'm more surprised about is that Chicago didn't settle with him so it didn't get to the point of bad PR.

[GioforPM]

Counsel.

[Aarongavey]

Originally Posted by gvitaly

I think it would be strange for their legal council to not at least attempt to dismiss the case off the bat. That's what the legal team is paid to do, regardless of the actual guilt of the organization.

I obviously don't love what the organization did, and how they went about their business after.

Counsel usually do what their clients instruct them to do in a court case. So I suspect the Hawks said “get this thrown out”.

[dieHARDflameZ]

This is the same franchise who somehow got rewarded with Connor Bedard.

[Royle9]

Originally Posted by dieHARDflameZ

This is the same franchise who somehow got rewarded with Connor Bedard.

1st round picks have been forfeited for less... just disgusting.

Cant combine kids early, but you can do way worse and get away with it.

[Ped]

The Devils lose a pick for Kovalchuk (which they got back), the Senators lose a pick for an argument over a contract, the Canucks are the only team to get punished by the NHL declaring retroactively that certain contracts are illegal even after they accepted them, and the Hawks get Bedard. What a league.

[Locke]

What the f###?

[Fan in Exile]

Originally Posted by gvitaly

I think it would be strange for their legal council to not at least attempt to dismiss the case off the bat. That's what the legal team is paid to do, regardless of the actual guilt of the organization.

I obviously don't love what the organization did, and how they went about their business after.

If counsel was instructed to defend the Blackhawks, there isn't anything wrong with counsel trying to have the lawsuit dismissed. But it doesn't reflect well on the organization. They just keep doubling down instead of taking full responsibility. Then again, what consequences have they faced for failing to take responsibility? The only person who has really suffered any meaningful consequences is Quennville.. which as others have pointed out, is astounding and reflects very poorly on the NHL.

[Infinit47]

Originally Posted by Fan in Exile

If counsel was instructed to defend the Blackhawks, there isn't anything wrong with counsel trying to have the lawsuit dismissed. But it doesn't reflect well on the organization. They just keep doubling down instead of taking full responsibility. Then again, what consequences have they faced for failing to take responsibility? The only person who has really suffered any meaningful consequences is Quennville.. which as others have pointed out, is astounding and reflects very poorly on the NHL.

Definitely less consequences than Perry, who got drunk at a team event....the monster.

[Fighting Banana Slug]

I get how distasteful the subject matter is, but this isn't a claim against Aldrich, it is a negligence claim against the Blackhawks. I can't imagine a competent lawyer not raising a statute of limitations issue on a 13 year old issue.

[bluejays]

Exactly. Lawyers do what they gotta do. If I were the Blackhawks and wanted to turn the page and not let this drag their reputation, I’d have attempted to settle. But the older Wirtz for years had a reputation of being cheap, so while we don’t know all the facts leading up to this and if a negotiation took place, I’d guess there’s some level of frugality to this.

[GioforPM]

The snippet didn't mention laches, just the statutory limitation period, which is a pretty standard defence. Laches is usually argued alongside of limitations, but the statute is much easier to prove and once the date has gone by it's going to be up to the plaintiff to show they meet one of the exceptions. Laches - the defendant needs to show a delay was avoidable and which caused prejudice (way harder given the retained evidence).