Myles Powell Sues Seton Hall and Kevin Willard

[Mean Gene]

Not seeing the official Documents , it’s hard to determine if Seton Hall was also named .   It doesn’t change the merits but , broadens the field for those allegations .. The Schools Insurance will be substantially involved in the Case . They will defend the School , Willard and Testa .  The Court Calendar might be long and frustrating . The Insurance Company will either offer a quick settlement or prolong it as long as possible . Right up to the Court House steps . 

The school, Tesla and Willard will be offered a defense by the Insurance Company, however it will be under a Reservation of Rights. Anything that is found to be intentional is not insurable. Within the reservation, all 3 parties will be offered the option of appointing their own counsel, at their own expense.  A basic tenet of Insurance law applies here. The duty to defend is greater than the duty to indemnify.

That’s one hell of a story… didn’t even know that’s what happened to him… just knew he went undrafted and picked up by the knicks… in any event, his lawsuit is either a slam dunk or a major uphill battle… all these cases turn on a plaintiffs ability to actually find the smoking gun that the defendants knew of the injury. There are a ton of cases where they can rest on the fact that the injury was exclusive to this one area and that subsequently he injured this other part, either as related to the initial injury or something else all together. Proving what someone knew or should have known without a smoking gun is nearly impossible. The weight of the evidence needs to be so heavy that no reasonable jury could see otherwise … as far as the insurance piece goes, they will be fully covered under one or multiple policies the school has, either as an employee or something else… one way or another, this case screams settlement… the issue is gona be at what $$. Powell will try and he was going to be the next Damian Lillard and Seton Hall will say what the 5 year NBA minimum etc.

 

[Porgyman]

Not seeing the official Documents , it’s hard to determine if Seton Hall was also named .   It doesn’t change the merits but , broadens the field for those allegations .. The Schools Insurance will be substantially involved in the Case . They will defend the School , Willard and Testa .  The Court Calendar might be long and frustrating . The Insurance Company will either offer a quick settlement or prolong it as long as possible . Right up to the Court House steps . 

The school, Tesla and Willard will be offered a defense by the Insurance Company, however it will be under a Reservation of Rights. Anything that is found to be intentional is not insurable. Within the reservation, all 3 parties will be offered the option of appointing their own counsel, at their own expense.  A basic tenet of Insurance law applies here. The duty to defend is greater than the duty to indemnify.

That’s one hell of a story… didn’t even know that’s what happened to him… just knew he went undrafted and picked up by the knicks… in any event, his lawsuit is either a slam dunk or a major uphill battle… all these cases turn on a plaintiffs ability to actually find the smoking gun that the defendants knew of the injury. There are a ton of cases where they can rest on the fact that the injury was exclusive to this one area and that subsequently he injured this other part, either as related to the initial injury or something else all together. Proving what someone knew or should have known without a smoking gun is nearly impossible. The weight of the evidence needs to be so heavy that no reasonable jury could see otherwise … as far as the insurance piece goes, they will be fully covered under one or multiple policies the school has, either as an employee or something else… one way or another, this case screams settlement… the issue is gona be at what $$. Powell will try and he was going to be the next Damian Lillard and Seton Hall will say what the 5 year NBA minimum etc.

Agree with everything except the insurance piece. There is no coverage for an intentional act. It’s against public policy to provide such coverage.

 

[Mean Gene]

Not seeing the official Documents , it’s hard to determine if Seton Hall was also named .   It doesn’t change the merits but , broadens the field for those allegations .. The Schools Insurance will be substantially involved in the Case . They will defend the School , Willard and Testa .  The Court Calendar might be long and frustrating . The Insurance Company will either offer a quick settlement or prolong it as long as possible . Right up to the Court House steps . 

The school, Tesla and Willard will be offered a defense by the Insurance Company, however it will be under a Reservation of Rights. Anything that is found to be intentional is not insurable. Within the reservation, all 3 parties will be offered the option of appointing their own counsel, at their own expense.  A basic tenet of Insurance law applies here. The duty to defend is greater than the duty to indemnify.

That’s one hell of a story… didn’t even know that’s what happened to him… just knew he went undrafted and picked up by the knicks… in any event, his lawsuit is either a slam dunk or a major uphill battle… all these cases turn on a plaintiffs ability to actually find the smoking gun that the defendants knew of the injury. There are a ton of cases where they can rest on the fact that the injury was exclusive to this one area and that subsequently he injured this other part, either as related to the initial injury or something else all together. Proving what someone knew or should have known without a smoking gun is nearly impossible. The weight of the evidence needs to be so heavy that no reasonable jury could see otherwise … as far as the insurance piece goes, they will be fully covered under one or multiple policies the school has, either as an employee or something else… one way or another, this case screams settlement… the issue is gona be at what $$. Powell will try and he was going to be the next Damian Lillard and Seton Hall will say what the 5 year NBA minimum etc.

Agree with everything except the insurance piece. There is no coverage for an intentional act. It’s against public policy to provide such coverage.

Porgyman, What I believe will most likely happen is the insurance company will extend coverage with an exception that should there be a trial (which I assure you there won’t be) and it’s found that there were intentional negligence on behalf of the doctor and coach then they will reserve their right to subrogate part of the ruling in a subsequent action. But, I agree if there’s a smoking gun and there was intentional negligence on Willard’s and the doctor’s part the insurance company will not pay.

 

[19854ever]

Does Willard keep his job past this season ?

 

[prjohnnies]

For sure, unless something comes out of this mess that truly substantiates Powell’s allegations against him directly. Still it is an awful look for Willard. His best player and the kid he probably sells to every recruit is alleging the guy is a snake who cares more about his own personal gain than his players. 

 

[19854ever]

If the school settles I can’t see justification in keeping Willard. 

 

[Porgyman]

Not seeing the official Documents , it’s hard to determine if Seton Hall was also named .   It doesn’t change the merits but , broadens the field for those allegations .. The Schools Insurance will be substantially involved in the Case . They will defend the School , Willard and Testa .  The Court Calendar might be long and frustrating . The Insurance Company will either offer a quick settlement or prolong it as long as possible . Right up to the Court House steps . 

The school, Tesla and Willard will be offered a defense by the Insurance Company, however it will be under a Reservation of Rights. Anything that is found to be intentional is not insurable. Within the reservation, all 3 parties will be offered the option of appointing their own counsel, at their own expense.  A basic tenet of Insurance law applies here. The duty to defend is greater than the duty to indemnify.

That’s one hell of a story… didn’t even know that’s what happened to him… just knew he went undrafted and picked up by the knicks… in any event, his lawsuit is either a slam dunk or a major uphill battle… all these cases turn on a plaintiffs ability to actually find the smoking gun that the defendants knew of the injury. There are a ton of cases where they can rest on the fact that the injury was exclusive to this one area and that subsequently he injured this other part, either as related to the initial injury or something else all together. Proving what someone knew or should have known without a smoking gun is nearly impossible. The weight of the evidence needs to be so heavy that no reasonable jury could see otherwise … as far as the insurance piece goes, they will be fully covered under one or multiple policies the school has, either as an employee or something else… one way or another, this case screams settlement… the issue is gona be at what $$. Powell will try and he was going to be the next Damian Lillard and Seton Hall will say what the 5 year NBA minimum etc.

Agree with everything except the insurance piece. There is no coverage for an intentional act. It’s against public policy to provide such coverage.

Porgyman, What I believe will most likely happen is the insurance company will extend coverage with an exception that should there be a trial (which I assure you there won’t be) and it’s found that there were intentional negligence on behalf of the doctor and coach then they will reserve their right to subrogate part of the ruling in a subsequent action. But, I agree if there’s a smoking gun and there was intentional negligence on Willard’s and the doctor’s part the insurance company will not pay.

 

I haven’t reviewed the S&C on this matter. Is there a separate count alleging Intentional Acts by the Dr  or Willard? If so, it makes the reservation cleaner…should this go to a verdict. If not…and those 2 entities are found guilty…stand by for a nasty Declaratory Judgment action, as a court will have to weigh in on insurance coverage. 95% of the time, these things settle. The case is resolved with prejudice, and one payment from the carrier settles the matter. The rest of the time, the plaintiff has an unrealistic settlement demand and it goes to trial. Usually this is because the plaintiff attorney has sunk so much money into the case(retaining experts), they have to hit on a verdict to make money.
Claims are not like wine. They don’t get better with age. Young defense counsel and claims examiners need to learn this lesson. 

 

[JohnnyFan]

If the school settles I can’t see justification in keeping Willard. 

Not necessarily.   Wrongdoing is just one of many factors that go into deciding whether to settle a lawsuit.  Sadly, cost and political capital weigh just as heavy.

 

[beast of the east]

If the school settles I can’t see justification in keeping Willard. 

Not necessarily.   Wrongdoing is just one of many factors that go into deciding whether to settle a lawsuit.  Sadly, cost and political capital weigh just as heavy.

Given some of the credible commentary here states that the insurance would not cover an act of malfeasance on the part of Willard or the trainer, that would only be determined in court.    Insurance companies, even when reasonably confident that the litigants claims have no merit, will often mitigate risk by offering a settlement that avoids the considerable cost of going to trial.   For the defendant in a public trial, this can be infuriating because a settlement infers some degree of guilt and will be perceived as such by the public at large.   All of this may be playing a part in Powell's legal team's strategy.

 

[prjohnnies]

No doubt part of the legal strategy. 

But while the University and medical staff could settle this and you’d never hear about it again, Willard is a different story.  Especially when you factor in the player suing him. 

 

[redmannorth]

No doubt part of the legal strategy. 

But while the University and medical staff could settle this and you’d never hear about it again, Willard is a different story.  Especially when you factor in the player suing him. 

It is too let to settle this matter for Kevin Willard, it should have been settled if possible when they received the first demand letter.
If it is settled now every coach recruiting against Seton Hall while Willard is at the helm, and possibly after, will tell the recruit and their family how Willard and the trainer lied to the kid, withheld the true medical report, blah , blah blah. This is a huge PR disaster and Powell's teammates are not saying a word. 
Best case for Willard and the school now is that they are successful in a quick trial.   

 

[bobo]

I'm quite certain any settlement will contain a confidentiality agreement limiting Powell to discuss anything regarding what happened.

 

[prjohnnies]

Yes, any settlement agreement would likely have a confidentiality provision.

But for purposes of Willard and basketball-wise, that may not matter IMO.  The allegations are already out there, as North pointed out.  The allegations against Willard are as bad as you can get from a basketball perspective.  If it settles, that won't change the narrative of what Powell is alleging Willard did to enrich his own career.

 

[beast of the east]

No doubt part of the legal strategy. 

But while the University and medical staff could settle this and you’d never hear about it again, Willard is a different story.  Especially when you factor in the player suing him. 

It is too let to settle this matter for Kevin Willard, it should have been settled if possible when they received the first demand letter.
If it is settled now every coach recruiting against Seton Hall while Willard is at the helm, and possibly after, will tell the recruit and their family how Willard and the trainer lied to the kid, withheld the true medical report, blah , blah blah. This is a huge PR disaster and Powell's teammates are not saying a word. 
Best case for Willard and the school now is that they are successful in a quick trial.   

One more very smart attorney on redmen.com.

So, do you imagine that since this is a huge he said she said, they are going to have to put Powell on the stand.

The line of questioning would go along the lines of "When did you become aware that you had a torn meniscus?"   "Are you saying that you were denied access to your medical reports of an MRI that confirmed it, or are you saying you received the report but was told something different by the coaching staff?"   "Did you consult the team physician, or physician who examined you about your injury?"   "Did you receive any emails from the facility that performed exams or MRI directed to you or to your patient portal?"  "Were you aware that you had pain in your knee but decided to try to play with the injury?"   "Did the coaching staff demand that you try to play with an injured knee?"   "Subsequently, when you discovered you had a torn meniscus, did a doctor inform you that you should not have played on the knee?"  "Were you told that you had suffered permanent damage to your knee by playing on it?"   "You were Big East player of the year.   It's hard to believe your claim that you suffered a serious injury that would have prevented you from playing, when you were determined to be the very best player in the Big East for an entire season."   "Why did you feel that the Big East player of the year who scouts had seen play for several years, was damaged in the draft?"

On and on.    I don't doubt for a second that Willard w]encouraged Powell to play on the knee he had pain in.   When I tore my meniscus I couldn't walk 20 feet without severe pain, which is why I had the surgery.   I do have a tear in the other knee, but rarely feel pain and have not acted upon it.   If I still played basketball, I'd probably have worsened the tear by now without surgery.   

Powell isn't claiming permanent damage that destroyed his career, because frankly, unless you have a congenital tendency to repeatedly tear the meniscus, the recovery is full and complete.    His claim of lottery pick is absurd, because he went undrafted after a minor knee injury, and eventually played just a few minutes for the Knicks as a free agent signing.   If after the full recovery he became a star, justifying the lottery pick, then hed have a basis to say he was good enough to be a lottery pick and hiding the injury cost him a ton.   As it stands he has yet to prove he belong in the NBA, no less be a lottery pick.

 

 

[NCJohnnie]

I don't have any idea of the merits of the claim for obvious reasons - not close enough to know what happened so won't speculate.
What I do know is that Powell was widely considered a great college player (not necessarily a great pro prospect) who was widely admired by his peers and touted by the SH program. As others have said, the damage is done in many respects and this will likely put Willard's ability to continue to recruit Big East talent to the test.  Time will tell how that works out. Many thought McDermott's ability to recruit for Creighton would be undone by last year's incident, not at all clear it will be. 

 

[prjohnnies]

McDermott's brought in a great class, despite the controversy.  Still, I think the allegations against Willard are worse from a recruiting perspective.  McDermott used a foolish phrase; but this is a guy who has worked with and helped young African American kids and their families for years, without issue.  His situation is explainable.  Willard's situation - how do you credibly explain that your best player, the kid you tout as your golden boy and sell to other recruits, is now alleging this against you?  Sure you can say the kid has an axe to grind b/c of how his professional career has played out to date, is getting bad advice, and the like.  But to turn on Willard like this?  He still could have made a money-grab - if that's what this is -- by suing only Seton Hall and the medical staff.  Yes bringing Willard into it gives him more potential leverage from a settlement perspective, but he still could have made the money-grab without doing so (again, assuming that's what this is).