Bama Case Doesn't Affect Sherrill
Posted: Mon Jul 25, 2005 7:28 am
July 25, 2005
Lawyer: Bama case doesn't affect Sherrill
By Ian R. Rapoport
irapopor@clarionledger.com
Wayne Ferrell, lawyer for former Mississippi State coach Jackie Sherrill, said the outcome of a defamation suit brought by two former Alabama football assistants against the NCAA has no bearing on his client's claims against the same organization.
"I don't think it affects us at all," Ferrell said.
On Dec. 2, Sherrill filed a $10 million, seven-count civil lawsuit in Oktibbeha County Circuit Court, naming NCAA investigators Richard Johanningmeier and Mark P. Jones, a Ridgeland businesswoman named Julie Gibert, and the NCAA as an organization as defendants.
He believes that all named defendants contributed to unfair business practices and forced him out of football.
Over the past eight months, the court file has grown thicker and thicker, while another case against the NCAA garnered the headlines.
As part of a larger, more complicated lawsuit, former Crimson Tide coaches Ivy Williams and Ronnie Cottrell sued the NCAA, claiming it tarnished their professional lives.
"My reputation has been damaged and ruined," Williams told The Tuscaloosa News.
The NCAA also erroneously posted on its Web site that Cottrell and Williams were "show-cause," employees, the coaches claimed. That would have meant a school had to testify before the NCAA if it wanted to hire them. Alabama had previously been slapped with sanctions by the NCAA.
But on July 20, Tuscaloosa Circuit Court Judge Steven Wilson threw out all claims against the organization.
Still, a juror told The Decatur (Ga.) Daily that had the case against the NCAA not been thrown out, its plight would have been worse.
"There's no question Ivy (Williams) would have won," juror Randy Tunnell — an avid Alabama fan — told the newspaper. "I think you can try that case and any of the NCAA cases anywhere in this country, and they'd find the same thing."
Clearly, those involved with Sherrill's lawsuit were watching the proceedings in Tuscaloosa closely.
Ferrell said the fact that the NCAA was cleared in this instance doesn't affect the validity of his client's charges.
"Our case is just different," Sherrill's lawyer said. "They're in different states. We have different parties. We have different laws. And, we have significantly different circumstances."
Ferrell, who had previously expressed confidence in a victory, was asked this week if that was still the case.
"Nothing has changed," he said.
Gail Dent, a spokeswoman for the NCAA, agreed that Alabama case didn't affect Sherrill's suit, saying "there is no change in regard to the Sherrill lawsuit."
Sherrill, whose program was investigated by the NCAA due to actions that occurred from 1998-2002, was exonerated in the NCAA findings, though his program was handed a one-year bowl ban, scholarship reductions and four years of probation. It found two of his assistants had violated rules.
There has been plenty of action in the lawsuit since Dec. 2. Ferrell said every defendant has been served and has answered.
On June 20, the NCAA filed a "Motion to Dismiss," writing that Sherrill "failed to state a legally sufficient claim upon which this Court can grant any relief."
Dent, the NCAA spokeswoman, said simply that her organization filed the motion because "we believe the charges are without merit."
On June 21, Gibert, the Ridgeland businesswoman, petitioned to transfer venue from Oktibbeha County to Madison County.
According to the motion, Gibert wants the venue change because Madison County is "where Gibert resides, where all substantial acts or omissions alleged against Gibert occurred and where all substantial events involving Gibert that allegedly caused Plaintiff's injury occurred."
Further, she claims "due to the influence of the adverse party and prejudice existing in the public mind, Gibert cannot obtain a fair trial in Oktibbeha County."
Gibert was not available for comment. The case won't move forward until a judge rules on the pending motions. Ferrell said that will most likely be in October.
Lawyer: Bama case doesn't affect Sherrill
By Ian R. Rapoport
irapopor@clarionledger.com
Wayne Ferrell, lawyer for former Mississippi State coach Jackie Sherrill, said the outcome of a defamation suit brought by two former Alabama football assistants against the NCAA has no bearing on his client's claims against the same organization.
"I don't think it affects us at all," Ferrell said.
On Dec. 2, Sherrill filed a $10 million, seven-count civil lawsuit in Oktibbeha County Circuit Court, naming NCAA investigators Richard Johanningmeier and Mark P. Jones, a Ridgeland businesswoman named Julie Gibert, and the NCAA as an organization as defendants.
He believes that all named defendants contributed to unfair business practices and forced him out of football.
Over the past eight months, the court file has grown thicker and thicker, while another case against the NCAA garnered the headlines.
As part of a larger, more complicated lawsuit, former Crimson Tide coaches Ivy Williams and Ronnie Cottrell sued the NCAA, claiming it tarnished their professional lives.
"My reputation has been damaged and ruined," Williams told The Tuscaloosa News.
The NCAA also erroneously posted on its Web site that Cottrell and Williams were "show-cause," employees, the coaches claimed. That would have meant a school had to testify before the NCAA if it wanted to hire them. Alabama had previously been slapped with sanctions by the NCAA.
But on July 20, Tuscaloosa Circuit Court Judge Steven Wilson threw out all claims against the organization.
Still, a juror told The Decatur (Ga.) Daily that had the case against the NCAA not been thrown out, its plight would have been worse.
"There's no question Ivy (Williams) would have won," juror Randy Tunnell — an avid Alabama fan — told the newspaper. "I think you can try that case and any of the NCAA cases anywhere in this country, and they'd find the same thing."
Clearly, those involved with Sherrill's lawsuit were watching the proceedings in Tuscaloosa closely.
Ferrell said the fact that the NCAA was cleared in this instance doesn't affect the validity of his client's charges.
"Our case is just different," Sherrill's lawyer said. "They're in different states. We have different parties. We have different laws. And, we have significantly different circumstances."
Ferrell, who had previously expressed confidence in a victory, was asked this week if that was still the case.
"Nothing has changed," he said.
Gail Dent, a spokeswoman for the NCAA, agreed that Alabama case didn't affect Sherrill's suit, saying "there is no change in regard to the Sherrill lawsuit."
Sherrill, whose program was investigated by the NCAA due to actions that occurred from 1998-2002, was exonerated in the NCAA findings, though his program was handed a one-year bowl ban, scholarship reductions and four years of probation. It found two of his assistants had violated rules.
There has been plenty of action in the lawsuit since Dec. 2. Ferrell said every defendant has been served and has answered.
On June 20, the NCAA filed a "Motion to Dismiss," writing that Sherrill "failed to state a legally sufficient claim upon which this Court can grant any relief."
Dent, the NCAA spokeswoman, said simply that her organization filed the motion because "we believe the charges are without merit."
On June 21, Gibert, the Ridgeland businesswoman, petitioned to transfer venue from Oktibbeha County to Madison County.
According to the motion, Gibert wants the venue change because Madison County is "where Gibert resides, where all substantial acts or omissions alleged against Gibert occurred and where all substantial events involving Gibert that allegedly caused Plaintiff's injury occurred."
Further, she claims "due to the influence of the adverse party and prejudice existing in the public mind, Gibert cannot obtain a fair trial in Oktibbeha County."
Gibert was not available for comment. The case won't move forward until a judge rules on the pending motions. Ferrell said that will most likely be in October.
