Bertuzzi and Moore working on out of court settlement

[Resolute 14]

Based on what the media quoted, I have a hard time believing Adair's argument that Mark Moore said anything that would rise to the level of defamation.

[IgiTang]

Sue Moore's brother for the amount you paid Steve.

[GreenLantern2814]

So after taxes and paying a decades worth of lawyer fees, does Moore even clear a million dollars out of this?

[Blaster86]

Originally Posted by Resolute 14

Based on what the media quoted, I have a hard time believing Adair's argument that Mark Moore said anything that would rise to the level of defamation.

Agreed. Though I wonder why he said a settlement hasn't been reached if all the parties are on the same page that one has been.

[Weitz]

Originally Posted by Resolute 14

Based on what the media quoted, I have a hard time believing Adair's argument that Mark Moore said anything that would rise to the level of defamation.

What is defamation?
Defamation is communication about a person that tends to hurt the person's reputation. It causes the reader or listener to think less of the person. The communication must be made to other people, not just to the person it's about. If defamation is spoken, then it is called slander. If it is written, it is called libel. It can also be a gesture, which is a type of slander.


Him saying there is no deal and speculating that this is a means to make Steve settle more quickly as he is "confused" about the situation, is absolutely defamation. Insinuating the lawyer and Bertuzzi are nefarious characters by trying to persuade Steve to settle by these leaks to the media would be the defamatory statements.

[Blaster86]

Originally Posted by Weitz

What is defamation?
Defamation is communication about a person that tends to hurt the person's reputation.

Whose reputation is this gonna hurt? The one who broke a guy's neck or the team that spent a season and a half getting #### on for ####ing around with Luongo?

[albertGQ]

Originally Posted by GreenLantern2814

So after taxes and paying a decades worth of lawyer fees, does Moore even clear a million dollars out of this?

Well, if you beleive the rumoured $22M settlement, then he clears quite a bit.

[Resolute 14]

Originally Posted by Blaster86

Agreed. Though I wonder why he said a settlement hasn't been reached if all the parties are on the same page that one has been.

The Canucks and Bertuzzi's camp have said a settlement has been reached. I think Moore's lawyer hasn't said anything.


Weitz - Opinion generally is not defamation. Particularly if it is based around a set of facts. For instance, my opinion that Bertuzzi is a coward and thug who should have been banned for life is not defamatory. The opinion that Bertuzzi's camp really wants this to go away because he wants to sign a contract is not, IMNSHO, defamatory. Given Bertuzzi is unsigned at the moment, and given the fact that a trial right in the middle of training camp would be a huge distraction, the opinion that Bertuzzi's camp would like to pressure a settlement now is completely reasonable.

Mark Moore might be completely out to lunch or the situation may have changed since he apparently received the text from his brother, but that doesn't change his right to express opinions.

Insinuation is not necessary. Bertuzzi *is* a nefarious character, and most lawyers tend to be regarded similarly, though at least they hold a higher moral ground given that very few of them have deliberately taken actions that led to someone suffering a broken neck.

[FlamesAddiction]

Originally Posted by Blaster86

Agreed. Though I wonder why he said a settlement hasn't been reached if all the parties are on the same page that one has been.

Maybe Steve Moore doesn't want his brother to know anything about his personal financial situation and therefor resisted telling him anything.

[ranchlandsselling]

Queue the Bertuzzi to the KHL rumours?
Is he a FA? Maybe he could get a few huge earning years in the KHL now and stack that bank account for retirement.

[DionTheDman]

Once again, the armchair lawyering in this thread is astounding.

[ranchlandsselling]

Originally Posted by DionTheDman

Once again, the armchair lawyering in this thread is astounding.

I know, it's really quite pathetic isn't it...

It'd be almost as bad if around early June there were threads about the drafting of 'could-be' NHL players and everyone played armchair NHL scout, or maybe around trade deadline day a bunch of threads where people acted like they were GM's! That would be so stupid and unexpected. So much that I'd have to post in those threads (if it ever happened) only to point out how everyone is acting so unexpected.

[blankall]

Originally Posted by GreenLantern2814

So after taxes and paying a decades worth of lawyer fees, does Moore even clear a million dollars out of this?

Settlement awards are tax free. Moore's lawyers are probably working on a contingency basis of 20% or so...Moore should take home about 80% of whatever he settled for in his pocket. The highest contingency a lawyer in BC can charge for a personal injury settlement is 33.3%. With a case like Moore's he would have had many lawyers bidding against each other to take on his case.

The biggest issue in this case is going to be what Moore's potential earnings would have been. He was probably going to end up a journeyman type player. His lawyer would have argued that he was going to be a tweener with a 10+ year career.

I seriously doubt Moore got 22 million....

[blankall]

Originally Posted by fleury

Perhaps, but it was a civil case which means beyond the balance of probabilities, and the fact that Bertuzzi made all those incriminating quotes before doing the deed, showed to me a ton of premeditation. I don't think getting journalists who were there who all quoted him, would be hard to get to testify, but the truth of the matter is that it's said that 95% of civil cases are settled before going to trial. I expected Moore to really have his day in court so I'm somewhat puzzled that he went that easily for the cash 2 weeks before trial. I'd think a lot of money was thrown his way for him to do that.

If you are awarded less than a "formal offer to settle", you end up paying potentially twice the other sides legal costs and all of their disbursements (money spent on expert reports etc..) from the date of the formal offer.

The settlement amount would have been at the lower range of what created risk for trial. So if Moore's lawyers think there is a chance he could get less than the amount offered, they will take it to avoid the risk of paying costs.

There's also a chance that Bertuzzi does not have that many personal assets. In which case, insurance coverage limits would have been a huge deciding factor. Bertuzzi is probably very wealthy, but he would not be the first NHLer to blow his cash.

Edit: another big possibility is that the NHL agreed to pay more than they should have to avoid the bad press from a trial. The NHL, as a whole, is worth a lot more than a few extra millions in Moore's pocket.

[ken0042]

Originally Posted by Resolute 14

Mark Moore might be completely out to lunch or the situation may have changed since he apparently received the text from his brother, but that doesn't change his right to express opinions.

Or it could have been a case where Steve got a message from his brother saying something like "Hey brother- heard you got your big settlement. Can you give me $X?" Then Steve maybe replied that it hadn't gone through, and Mark interpreted it wrong.

Bad thing to do when your brother is negotiating a confidential agreement worth millions.

[Resolute 14]

That is a potential as well. Also bad is Bertuzzi and the Canucks saying "its done" when it evidently is not. That should only have been announced when all parties had finalized the agreement and the suit was dismissed.

[KootenayFlamesFan]

Lawyers for Todd Bertuzzi and Steve Moore are negotiating terms of a confidentiality agreement, a week after Bertuzzi's legal representative said the two sides reached a settlement.

Since lawyer Geoff Adair confirmed a week ago to TSN that a settlement was reached, avoiding a trial that would have been a public relations disaster for the NHL, Moore's lawyer Tim Danson has declined to comment on the case, raising questions about whether Adair spoke too soon.

http://www.tsn.ca/nhl/story/?id=460276

[psyang]

It's official...

Bertuzzi's lawyer confirmed the settlement two weeks ago, but Moore's lawyer, Tim Danson, says that it's his opinion that there was no "binding and enforceable settlement until the language of the settlement documents was agreed to by all parties," which he says happened today.

http://www.tsn.ca/nhl/story/?id=460980

[Arya Stark]

Moore releases statement.

http://www.theglobeandmail.com/sport...ticle20350989/

“This day comes with mixed emotions,” Moore said in the statement. “These years have been very difficult for me and my family. The injuries I sustained in my rookie year, the years I spent trying to return to my NHL career, and dealing with the loss of my career and the ensuing legal case have been long and trying experiences.
“While nothing replaces the loss of one's dream, I am happy my family will no longer be burdened by an unresolved legal case and I am grateful to be able to move forward.

I thank the fans and the public who have supported me so passionately and tirelessly, not just across Canada, and the U.S., but around the world – your support has meant more than you can imagine.”
Moore also thanked his family for “your unwavering love and devotion which kept me going over these last 10 years.”

[codynw]

End of an era.