News: Judge Orders Hotel to Give Michael Irvin Video Footage and Accuser Name in Alleged Misconduct Case

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CouchCoach

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Why do you keep saying this when it is absolutely not true. The attourney has to prove actual malice meaning that she knew what she said was untrue. That's it. Her motivation does not matter nor does it have to be proven.
Think “why would she do this and what does she have to gain” enters into it if this ends up with a jury?

And since this looks like a he said/she said situation, motivation may be the only approach his attorney has.

Which of them has the motivation to lie?
 

Haimerej

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Shes a female that made a accusation. How are these things normally handled? Hush money in secret. problem is, he did nothing wrong and she never expected him 2 fight her back via lawfare.
Where did she lodge her complaint? With the hotel?
 

Staubacher

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Where did she lodge her complaint? With the hotel?
She works at the hotel. She filed no police report nor has she gone public. Whatever she reported to her management was kept internal as they decided to move him from the hotel, then inform his employer who was paying for the room.

Nothing she or the hotel did looks like a shakedown or PR stunt. Every public statement and every legal action has been from Irvin's side.
 

CouchCoach

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Where did she lodge her complaint? With the hotel?
I imagine to her supervisor since most major companies have a protocol for this kind of thing. This was a guest, not a fellow employee so HR wouldn't need to get involved.

I think this type of thing is nothing new to a hotel group that size. Might be more common than we know.

It's looking like that call into the radio show with Irvin's "hiding out" comment might have been the catalyst for the network to send him home.
 

blueblood70

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There is NO EVIDENCE that you or I have been made aware of because the only party we've heard from is Irvin and he can't remember.

And it has everything to do with him being an ex Cowboy or we would not be discussing it here.

Is the ultimate humor of this lost on us? The man can't remember what he said and files an 100M lawsuit against her and the hotel group. What's his point? "I can't remember what I said but I didn't say that"?

I do not know what was said and we may never know, this doesn't have to be made public but I do know what was said by Irvin when he got back to Dallas and good luck to his lawyer with that in front of a judge or jury. "I can't remember, I had some drinks, to tell the truth. Oh, hey, I am not drinking now and I remember".
actually, the other fans in that corroder at the same time taking pictures with that same female at the very same time say they witnessed nothing inappropriate, and that MI was very nice taking pics with them and being friendly etc.

so they may or may not have witnessed the exact moment, but they were ALL together as group getting mI to sign autographs and pictures and they already made statements that he was friendly and very patient with all of them..

I actually saw a video somewhere with these fans stating what they saw.. it appears to support MI not doing anything inappropriate,

https://www.nj.com/giants/2023/02/m...k-hall-of-famer-amid-100-million-lawsuit.html
 

CouchCoach

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Marriott just had the case moved to Federal Court.
Obvious move since they are not residents of the state of Texas and they are protecting their employee. Now we'll get to see if the Texas judge's order for the name of the employee and video to be turned over to Irvin's lawyer stays.
 

sacase

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Think “why would she do this and what does she have to gain” enters into it if this ends up with a jury?

And since this looks like a he said/she said situation, motivation may be the only approach his attorney has.

Which of them has the motivation to lie?
The jury has to follow the jury instructions. Not the court of public opinion's instructions. Most juries take their job very serious and follow the exact rules they are told to follow. The court will tell them exactly what questions they have to answer to get a guilty verdict.

This is what Irvin's side has to prove

To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject of the statem
Also since Irvice is a public figure he has to prove actual Malice:

The Sullivan court stated that "actual malice" means that the defendant said the defamatory statement "with knowledge that it was false or with reckless disregard of whether it was false or not.
https://www.law.cornell.edu/wex/def...ma facie defamation,entity who is the subject

No where in there is there the question of why would she do this and what does she have to gain. Now can he prove all 5 elements? That remains to be seen, but this is why people are going to be put on the stand. Until we know exactly what was told to the NFL, its going to be hard to see which way this will go. However, if this goes to trial, which I don't think it will, Irvin's legal team is going to ask her what she said, they are going to ask the manage what she told them. They are going to ask the manager what he told the NFL, they are going to ask the NFL employees what they were told. The video is going to be important as it will show the length of the encounter as well as if there was or was not any physical contact. If she approached him and the encounter ended with a handshake, then that is going to help show that it was a friendly encounter from Irvin's perspective (not prove definitively).

I can see this going many different ways at least until we get more info. I can see that she told her manager that Irvin hit on her and asked her to come up to his room. I can see a jealous manager who was crushing on the employee. I can see a NFLN employee over reacting. I can see a simple misunderstanding. The one thing I am having a hard time with is a conversation of less than a minute that ended that was initiated by the woman and ending in a handshake resulting in misconduct. What can you say in that short period of time that would cause you to get kicked out of the hotel at 5am? Did he ask for prositutes sent up to his room? Did he ask for drugs?
 

Staubacher

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The jury has to follow the jury instructions. Not the court of public opinion's instructions. Most juries take their job very serious and follow the exact rules they are told to follow. The court will tell them exactly what questions they have to answer to get a guilty verdict.

This is what Irvin's side has to prove


Also since Irvice is a public figure he has to prove actual Malice:


https://www.law.cornell.edu/wex/defamation#:~:text=To prove prima facie defamation,entity who is the subject

No where in there is there the question of why would she do this and what does she have to gain. Now can he prove all 5 elements? That remains to be seen, but this is why people are going to be put on the stand. Until we know exactly what was told to the NFL, its going to be hard to see which way this will go. However, if this goes to trial, which I don't think it will, Irvin's legal team is going to ask her what she said, they are going to ask the manage what she told them. They are going to ask the manager what he told the NFL, they are going to ask the NFL employees what they were told. The video is going to be important as it will show the length of the encounter as well as if there was or was not any physical contact. If she approached him and the encounter ended with a handshake, then that is going to help show that it was a friendly encounter from Irvin's perspective (not prove definitively).

I can see this going many different ways at least until we get more info. I can see that she told her manager that Irvin hit on her and asked her to come up to his room. I can see a jealous manager who was crushing on the employee. I can see a NFLN employee over reacting. I can see a simple misunderstanding. The one thing I am having a hard time with is a conversation of less than a minute that ended that was initiated by the woman and ending in a handshake resulting in misconduct. What can you say in that short period of time that would cause you to get kicked out of the hotel at 5am? Did he ask for prositutes sent up to his room? Did he ask for drugs?
You're really reaching with the jealous manager thing lol

First, you can say a LOT in 1 minute.

Most importantly, everyone is assuming that 1-minute interaction contains the whole story. I don't think it does.
 

Haimerej

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She works at the hotel. She filed no police report nor has she gone public. Whatever she reported to her management was kept internal as they decided to move him from the hotel, then inform his employer who was paying for the room.

Nothing she or the hotel did looks like a shakedown or PR stunt. Every public statement and every legal action has been from Irvin's side.
I didn't even know she worked at the hotel. Who initially reported/published the story?
 

CouchCoach

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I didn't even know she worked at the hotel. Who initially reported/published the story?
There is a clip of 105.3 further back in this thread with Irvin talking to them and they were unaware of it so he broke his own story. He even tells them he's "hiding out". Evidently, at that point he hadn't even spoken with NFLN.

As far as I can tell, the hotel was keeping it low key and not making anything public and they haven't yet.
 

Haimerej

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There is a clip of 105.3 further back in this thread with Irvin talking to them and they were unaware of it so he broke his own story. He even tells them he's "hiding out". Evidently, at that point he hadn't even spoken with NFLN.

As far as I can tell, the hotel was keeping it low key and not making anything public and they haven't yet.
That's hilarious.
 

Walker

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88 about to get much more richer and some owners at the hotel are going to be really really pissed
 

sacase

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You're really reaching with the jealous manager thing lol

First, you can say a LOT in 1 minute.

Most importantly, everyone is assuming that 1-minute interaction contains the whole story. I don't think it does.
Trust me I know it's a reach. Lol I am just spit balling with that part lol
 

MarcusRock

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Trust me I know it's a reach. Lol I am just spit balling with that part lol
Hey, I considered that possibility too in my ramblings. Any and all options are on the table as possible happenings until anything further gets revealed. No harm in parsing it all but people get locked in to their stances and rage against any exploring of a competing opinion.
 
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