News: PFT: Marriott tries to dismiss Michael Irvin's lawsuit, claims he made "harassing and inappropriate comments"

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MarcusRock

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The video may not contain audio, but it's still possible the video contradicts the "victim's" statements. Did she allege Irvin touched her inappropriately?

Until her statement is known, we're left with speculation.
She has never said anything public, only to her employer allegedly and they went with it from there. Per Mike himself, he stated the hotel told him he said something to her. So with no witnesses who heard anything that we know of, what was claimed to be said and actually said is a mystery. Don't know how you prove something if the reality is not audibly documented someplace.
 

Reid1boys

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What you say is exactly what Irvin's lawyers want to be able to put out there so Marriott is not going to give free PR in an image rehab lawsuit. Again, none of that dismisses that someone could feel threatened in the moment and do all they can to exit the situation, including being as polite and smiley as possible to de-escalate any threat they feel. One could even make the case that they didn't realize the slight until afterwards when they had time to process. There is a known occurrence that women over apologize, even when not at fault for things and although I haven't seen the research, I'd assume some of it has to do with threat prevention/de-escalation, especially in power dynamic situations like this one. The witnesses only spoke to what they saw. None of them have said they heard anything so their testimony can again be countered with the "in the moment reaction not necessary" line.

This is about what was said. Irvin's team needs to prove what was said and he's on record as firstly stating he didn't talk to her before being corrected by the hotel then stating he didn't remember what was said, albeit in a joking manner that I don't give a whole lot of weight, but opposing lawyers will seize on that.
Free PR?? Marriott was already ORDERED by the court to turn over the video. This isnt about what they want to do or do not want to do. And you are right... she had a moment to process who she had spoken to. The tape will speak volumes regardless of what is heard, and that is why we have juries.
 

Reid1boys

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She has never said anything public, only to her employer allegedly and they went with it from there. Per Mike himself, he stated the hotel told him he said something to her. So with no witnesses who heard anything that we know of, what was claimed to be said and actually said is a mystery. Don't know how you prove something if the reality is not audibly documented someplace.
There are 3 witnesses who said they were right there. They said nothing happened.
 

CowboyFrog

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Ok. This is something that keeps getting missed. Marriot doesn't need proof. Zero proof. They are not suing anyone. Irvin is suing Marriot. Irvin has to show proof. They can't sue someone and make them show proof. That's not how it works, EVER! The Marriot is under zero obligation to show proof of anything.
Kinda true, in a defamation of character the plaintiff must show proof they caused his character harm with an unture statement...if the court hears it they will have 2 choices : rebuttal with proof it was not untrue or take the verdict....
 

MarcusRock

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Free PR?? Marriott was already ORDERED by the court to turn over the video. This isnt about what they want to do or do not want to do. And you are right... she had a moment to process who she had spoken to. The tape will speak volumes regardless of what is heard, and that is why we have juries.
They were ordered in a separate court and then it got moved to federal court so they held on until a new order. It's legal custom to only turn over evidence when directed according to what folks say here. I'm no law guy but I am uber logical and logic would dictate the same thing when someone is suing you to better their position, especially in an image rehab case. Why help them rehab an image at your expense? Screw that. Speak when spoken to (and only if you have to) and turn over evidence only when you are directed to. Again, the tape will speak volumes to those looking for a reaction in the moment to say, "Ah ha!" when a reaction in the moment isn't even necessary as people laugh off offensive and even threatening stuff all the time. It's not straight line here unless we hear actual audio.
 

MarcusRock

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There are 3 witnesses who said they were right there. They said nothing happened.
They said it appeared nothing happened visually. This was not about a physical event but an audio event and the witnesses have not said they heard the contents of the discussion because they were at a distance. Same variance I mentioned applies unless there's actual audio. Without it no one has a strong position either way.
 

CouchCoach

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except the 3 witnesses that were right there when it happened that were not drunk and all have said nothing inappropriate had taken place.
How do you know they weren't drunk at the time this happened and two already admitted to being fanboys and getting their pics with him. And they cannot say what was said and this is all about what was said.
 

CouchCoach

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There is this assumption that the hotel ratted out Irvin to NFLN when we know nothing about what they told them.

This happened on a Sunday night, he was moved Monday morning (and we do not know where) and for the next 48 hours...nothing. We do not know when the NFLN was contacted but I am assuming when they moved Irvin, they let the payer know. Especially if they have this set up on a direct pay, which is common with large companies sending a lot of employees to an event.

Then, on Wednesday morning Irvin calls into 105.3 and breaks his own story as they've heard nothing about it. This is where he says he doesn't remember because he had a few and is "hiding out". What that means is anybody's guess but I am assuming he was awaiting what action NFLN was taking.

The question I have is what had they been doing for 2 full days while Irvin hid out? Did they send him home for the alleged incident in the hotel or for what he said on that radio call in?

Because I could see some NFLN execs being really pissed at that call in and were they aware of all of that information before he did that? Were they working behind the scenes with the hotel to keep this quiet because neither the hotel or woman was public with anything, which is standard operating procedures for hotels when the police are not involved.

Did his call in cause all of the problems he is having with this? The hotel had nothing to gain and while a Marriott entity in name only, they are a sponsor of the NFL. They had 0 to gain and some points to be made by keeping this quiet.
 

Reid1boys

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They were ordered in a separate court and then it got moved to federal court so they held on until a new order. It's legal custom to only turn over evidence when directed according to what folks say here. I'm no law guy but I am uber logical and logic would dictate the same thing when someone is suing you to better their position, especially in an image rehab case. Why help them rehab an image at your expense? Screw that. Speak when spoken to (and only if you have to) and turn over evidence only when you are directed to. Again, the tape will speak volumes to those looking for a reaction in the moment to say, "Ah ha!" when a reaction in the moment isn't even necessary as people laugh off offensive and even threatening stuff all the time. It's not straight line here unless we hear actual audio.
and people also always go and think for a few hours and then change what was said or happened to benefit them in some way. Like I said... this is why we have juries.
 

Reid1boys

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They said it appeared nothing happened visually. This was not about a physical event but an audio event and the witnesses have not said they heard the contents of the discussion because they were at a distance. Same variance I mentioned applies unless there's actual audio. Without it no one has a strong position either way.
You are wrong... go watch this video and start listening at the 2:35 mark where the witness is asked if he heard hat was said. He makes it very clear what happened.

Witness speaks.
 

Reid1boys

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How do you know they weren't drunk at the time this happened and two already admitted to being fanboys and getting their pics with him. And they cannot say what was said and this is all about what was said.
wrong... they never said they were fanboys. They were there on business. Again, watch starting at the 2:35 mark.

witness speaks
 

CalPolyTechnique

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You are wrong... go watch this video and start listening at the 2:35 mark where the witness is asked if he heard hat was said. He makes it very clear what happened.

Witness speaks.
Nope.

I guarantee you if this goes to trial when these witnesses are pressed they will say they didn’t actually hear the entire conversation.
 

MarcusRock

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You are wrong... go watch this video and start listening at the 2:35 mark where the witness is asked if he heard hat was said. He makes it very clear what happened.

Witness speaks.
I heard these already and assessed them. The interviewer asked point blank if the guy heard what was said and he responded with "it was a positive, polite, friendly conversation." That's not an "I heard exactly what was said and here it is ...," it's an observation of how the conversation appeared which implies distance. The interviewer again asked if anything inappropriate was said and the guy does say, "No, not at all. There was a little bit of laughter, obviously a jovial conversation. Nothing untoward for me to actually take notice of what was going on." Wait. If he wasn't taking notice, how could he then have heard everything if he wasn't already taking notice. Again, the guy goes into a descriptive account rather than an "I heard everything" plus was looking for a scene to erupt to determine if Mike had done anything wrong. Again, I keep saying that a scene did not have to take place right then and there and that this was all about what was said, not the appearance of how things were said. Overall, this is a descriptive account of someone not within earshot but just observing an interaction from a distance.

If I'm Marriott's lawyers, the first thing I'm asking him is if he heard all the details of the conversation and to recount them. If not, then I zero in on his "No, not at all." statement to ask how he could make that determination when he didn't hear all the details of the conversation. Another thing the video can show is just how far away these witnesses were to determine if they could have possibly even heard what was said considering how many others were in that lobby and what was going on nearby.
 

Q_the_man

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not sure why people find this surprising. A case to dismiss is simply they don’t want to involve themselves in a long drawn out procedure.

Apparently, the fact Mariott doesn’t own the property is a pretty solid legal defense based on the comments I’m reading from those that do this type of thing.

It’s probably the EASIEST and QUICKEST way for them as a corporation to not have to deal with it. Do you think Marriott really cares what happened that night in one of their franchises outside them not being financially responsible. Whatever gets them out of it quickest is what them and their team of highly-paid lawyers are going to do.
But they can ban him from all Marriott properties. Doesn't sound right. We don't own the property but we ban you from all our properties.

Mike was drunk and asked her in his Rick James voice "do you know who I am. I'm Michael dang Irvin *****"
 

RonnieT24

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I heard these already and assessed them. The interviewer asked point blank if the guy heard what was said and he responded with "it was a positive, polite, friendly conversation." That's not an "I heard exactly what was said and here it is ...," it's an observation of how the conversation appeared which implies distance. The interviewer again asked if anything inappropriate was said and the guy does say, "No, not at all. There was a little bit of laughter, obviously a jovial conversation. Nothing untoward for me to actually take notice of what was going on." Wait. If he wasn't taking notice, how could he then have heard everything if he wasn't already taking notice. Again, the guy goes into a descriptive account rather than an "I heard everything" plus was looking for a scene to erupt to determine if Mike had done anything wrong. Again, I keep saying that a scene did not have to take place right then and there and that this was all about what was said, not the appearance of how things were said. Overall, this is a descriptive account of someone not within earshot but just observing an interaction from a distance.

If I'm Marriott's lawyers, the first thing I'm asking him is if he heard all the details of the conversation and to recount them. If not, then I zero in on his "No, not at all." statement to ask how he could make that determination when he didn't hear all the details of the conversation. Another thing the video can show is just how far away these witnesses were to determine if they could have possibly even heard what was said considering how many others were in that lobby and what was going on nearby.
It did not have to be a "scene" in order for the guy to have heard the conversation. You can hear without listening and we all know there are words in a conversation which convert us from overhearing to listening intently. Had Mike uttered one of those "trigger words" everybody within earshot would have gone on high alert looking for what happens next. Absent those words it becomes just a "polite, friendly conversation" that nobody gives a second thought 10 seconds after it ends. However had the opposite been true and there HAD been some acrimonious or improper words uttered dudes would have remembered ALL the details. And in fact would have spent the next half hour or so asking one another "Can you believe he said that? Can you believe she didn't slap him or kick him in the nuts?"
 
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