OFFICIAL FAVRE SEXT SCANDAL ROCKS SPORTS WORLD

[Pugger]

I'm beginning to suspect that nothing will come of any of this. Gramps won't get suspended or fined and no national media guys will talk about it again.

[Joemailman]

My guess is that Goodell doesn't want to be the one to end Favre's consecutive game streak. On the other hand, he probably doesn't want to be seen as giving Favre preferential treatment. He's probably ticked that Favre's ankle injury didn't force him to sit out a game.

[vince]

I may be wrong but I think some of you are not looking at this at the right level. This is a sexual harrassment case and Jenn Sterger didn't hire an FBI investigator and forensics experts to get Favre suspended.

She's made it perfectly clear that she wants money, and she clearly thinks she can get it and is prepared to do what is necessary to do so.

The league may have to pay up if Favre won't or it could find itself defending a rather ugly and embarassing lawsuit, which in and of itself would cost it a lot of coin regardless of the ultimate outcome - plus the hit to its brand for not admitting guilt when presented with such an overwhelming case against it.

The league is in a tough spot here. If they just suspend Favre, they are admitting guilt which is not a smart thing to do prior to gettng sued for something. Perhaps that could possibly exculpate them from futher action, and place any suit firmly at Favre's feet, but I doubt it.

I think they'll get with Favre's attorney and settle this quickly and quietly before more information comes out and soils their names even worse than it already has.

Jenn Sterger has indicated that she isn't going to let this drop with no action, or even a suspension and no financial restitution to her. Again, she wants cash and she's prepared her case to get it one way or another, even if she has to drag Favre and the NFL through court. It’s possible she won’t follow through, but she’s at least threatening to do so. Prior statements by her representation, preparing an air-tight case, hiring special evidentiary experts, and initiating a public relaitons campaign laying ouyt the framework and saying, “We now await the NFL’s decision” demonstrates that.

[Scott Campbell]

I may be wrong but I think some of you are not looking at this at the right level. This is a sexual harrassment case and Jenn Sterger didn't hire an FBI investigator and forensics experts to get Favre suspended.

She's made it perfectly clear that she wants money, and she clearly thinks she can get it and is prepared to do what is necessary to do so.

The league may have to pay up if Favre won't or it could find itself defending a rather ugly and embarassing lawsuit, which in and of itself would cost it a lot of coin regardless of the ultimate outcome - plus the hit to its brand for not admitting guilt when presented with such an overwhelming case against it.

The league is in a tough spot here. If they just suspend Favre, they are admitting guilt which is not a smart thing to do prior to gettng sued for something. Perhaps that could possibly exculpate them from futher action, and place any suit firmly at Favre's feet, but I doubt it.

I think they'll get with Favre's attorney and settle this quickly and quietly before more information comes out and soils their names even worse than it already has.

Jenn Sterger has indicated that she isn't going to let this drop with no action, or even a suspension and no financial restitution to her. Again, she wants cash and she's prepared her case to get it one way or another, even if she has to drag Favre and the NFL through court. It’s possible she won’t follow through, but she’s at least threatening to do so. Prior statements by her representation, preparing an air-tight case, hiring special evidentiary experts, and initiating a public relaitons campaign laying ouyt the framework and saying, “We now await the NFL’s decision” demonstrates that.

Good post vince. I agree that she probably doesn't care at all whether Bert gets suspended.

It's not Favre's attorney that the league has to get with. It's the Jets attorney - Seyfarth Shaw labor and employment partner Gary Glaser. And while the league may get named as one of the defendants in a suit, Sterger doesn't have a strong case against the NFL according to attorney and ESPN legal analyst Roger Cossak. Her case will pit her against her employer (the Jets) and the alleged creepy douche much like any other sexual harassment case.

Let's review just some of what we know:

Like any employer, the Jets have a duty to provide a non hostile work environment.
Jenn was an employee of the Jets.
Bert was an employee of the Jets.
Bert called after Jets practice from the Jets offices.
Sterger alleges that Bert got her number from a Jets employee.
The massage therapists were hired by the Jets. This helps establish a pattern of behavior.
Ines Sainz was harassed by some unruly Jets this year. This helps establish a pattern of behavior.

Did the Jets do their duty here? Probably not. I think the Jets are kind of screwed.

Did the NFL do their duty here? I think they are in the process of doing just that right now. Roger is an attorney by trade, and he'll be thinking about how to minimize NFL liability exposure from this - not just for this case, but for any future cases that could use Bert's example to help establish a pattern of NFL behavior that overlooks harassment. Sweeping this under the rug is not going to protect the NFL. It would probably subject the NFL to further liability and scrutiny.

Lastly I'll point to the sexual harassment case of Anucha Brown Sanders over her claims of sexual harassment by Isiah Thomas. The defendants in that case were Thomas, Knicks owner James Dolan and Madison Square Garden - the corporation that owns the New York Knicks. The NBA was not named. The jury awarded Sanders $11.7M in punitive damages in large part due to how the harassment claims investigation was handled internally by the Knicks. I'm guessing that suit provided some of the motivation for this course of action, and a blueprint for which big pockets to tackle. It also provides a lot of motivation for Roger to handle the investigation appropriately.

[swede]

I may be wrong but I think some of you are not looking at this at the right level. This is a sexual harrassment case and Jenn Sterger didn't hire an FBI investigator and forensics experts to get Favre suspended.

She's made it perfectly clear that she wants money, and she clearly thinks she can get it and is prepared to do what is necessary to do so.

The league may have to pay up if Favre won't or it could find itself defending a rather ugly and embarassing lawsuit, which in and of itself would cost it a lot of coin regardless of the ultimate outcome - plus the hit to its brand for not admitting guilt when presented with such an overwhelming case against it.

The league is in a tough spot here. If they just suspend Favre, they are admitting guilt which is not a smart thing to do prior to gettng sued for something. Perhaps that could possibly exculpate them from futher action, and place any suit firmly at Favre's feet, but I doubt it.

I think they'll get with Favre's attorney and settle this quickly and quietly before more information comes out and soils their names even worse than it already has.

Jenn Sterger has indicated that she isn't going to let this drop with no action, or even a suspension and no financial restitution to her. Again, she wants cash and she's prepared her case to get it one way or another, even if she has to drag Favre and the NFL through court. It’s possible she won’t follow through, but she’s at least threatening to do so. Prior statements by her representation, preparing an air-tight case, hiring special evidentiary experts, and initiating a public relaitons campaign laying ouyt the framework and saying, “We now await the NFL’s decision” demonstrates that.

Good post vince. I agree that she probably doesn't care at all whether Bert gets suspended.

It's not Favre's attorney that the league has to get with. It's the Jets attorney - Seyfarth Shaw labor and employment partner Gary Glaser. And while the league may get named as one of the defendants in a suit, Sterger doesn't have a strong case against the NFL according to attorney and ESPN legal analyst Roger Cossak. Her case will pit her against her employer much like any other sexual harassment case.

Let's review just some of what we know:

Like any employer, the Jets have a duty to provide a non hostile work environment.
Jenn was an employee of the Jets.
Bert was an employee of the Jets.
Bert called after Jets practice from the Jets offices.
Sterger alleges that Bert got her number from a Jets employee.
The massage therapists were hired by the Jets. This helps establish a pattern of behavior.
Ines Sainz was harassed by some unruly Jets this year. This helps establish a pattern of behavior.

Did the Jets do their duty here? Probably not. I think the Jets are kind of screwed.

Did the NFL do their duty here? I think they are in the process of doing just that right now. Roger is an attorney by trade, and he'll be thinking about how to minimize NFL liability exposure from this - not just for this case, but for any future cases that could use Bert's example to help establish a pattern of NFL behavior that overlooks harassment.

Lastly I'll point to the sexual harassment case of Anucha Brown Sanders over her claims of sexual harassment by Isiah Thomas. The defendants in that case were Thomas, Knicks owner James Dolan, Madison Square Garden - the corporation that owns the New York Knicks. The NBA was not named. The jury awarded Sanders $11.7M in punitive damages in large part due to how the harassment claims investigation was handled internally by the Knicks. I'm guessing that suit provided some of the motivation for this course of action, and a blueprint for which big pockets to tackle. It also provides a lot of motivation for Roger to handle the investigation appropriately.

This was a very interesting post, providing some great context, but I wonder if this may be the first time I've seen SC string together so many werdz in one post.

What animates this torrent?

Is SC an attorney specializing in harassment suits?

Is SC a Hollywood entertainment reporter?

Did the Southern Mississippi football team gain biblical knowledge of his first wife after a road game at BYU?

One wonders...

[Scott Campbell]

This was a very interesting post, providing some great context, but I wonder if this may be the first time I've seen SC string together so many werdz in one post.

What animates this torrent?

It's a labor of love. I think of it as my spiritual calling.



FYI - I took a couple of 100 level law classes in college, but have no legal background. In fact I go to great lengths to avoid attorneys in my business and personal life.

[swede]

I may be wrong but I think some of you are not looking at this at the right level. This is a sexual harrassment case and Jenn Sterger didn't hire an FBI investigator and forensics experts to get Favre suspended.

She's made it perfectly clear that she wants money, and she clearly thinks she can get it and is prepared to do what is necessary to do so.

The league may have to pay up if Favre won't or it could find itself defending a rather ugly and embarassing lawsuit, which in and of itself would cost it a lot of coin regardless of the ultimate outcome - plus the hit to its brand for not admitting guilt when presented with such an overwhelming case against it.

The league is in a tough spot here. If they just suspend Favre, they are admitting guilt which is not a smart thing to do prior to gettng sued for something. Perhaps that could possibly exculpate them from futher action, and place any suit firmly at Favre's feet, but I doubt it.

I think they'll get with Favre's attorney and settle this quickly and quietly before more information comes out and soils their names even worse than it already has.

Jenn Sterger has indicated that she isn't going to let this drop with no action, or even a suspension and no financial restitution to her. Again, she wants cash and she's prepared her case to get it one way or another, even if she has to drag Favre and the NFL through court. It’s possible she won’t follow through, but she’s at least threatening to do so. Prior statements by her representation, preparing an air-tight case, hiring special evidentiary experts, and initiating a public relaitons campaign laying ouyt the framework and saying, “We now await the NFL’s decision” demonstrates that.

Good post vince. I agree that she probably doesn't care at all whether Bert gets suspended.

It's not Favre's attorney that the league has to get with. It's the Jets attorney - Seyfarth Shaw labor and employment partner Gary Glaser. And while the league may get named as one of the defendants in a suit, Sterger doesn't have a strong case against the NFL according to attorney and ESPN legal analyst Roger Cossak. Her case will pit her against her employer (the Jets) and the alleged creepy douche much like any other sexual harassment case.

Let's review just some of what we know:

Like any employer, the Jets have a duty to provide a non hostile work environment.
Jenn was an employee of the Jets.
Bert was an employee of the Jets.
Bert called after Jets practice from the Jets offices.
Sterger alleges that Bert got her number from a Jets employee.
The massage therapists were hired by the Jets. This helps establish a pattern of behavior.
Ines Sainz was harassed by some unruly Jets this year. This helps establish a pattern of behavior.

Did the Jets do their duty here? Probably not. I think the Jets are kind of screwed.

Did the NFL do their duty here? I think they are in the process of doing just that right now. Roger is an attorney by trade, and he'll be thinking about how to minimize NFL liability exposure from this - not just for this case, but for any future cases that could use Bert's example to help establish a pattern of NFL behavior that overlooks harassment. Sweeping this under the rug is not going to protect the NFL. It would probably subject the NFL to further liability and scrutiny.

Lastly I'll point to the sexual harassment case of Anucha Brown Sanders over her claims of sexual harassment by Isiah Thomas. The defendants in that case were Thomas, Knicks owner James Dolan and Madison Square Garden - the corporation that owns the New York Knicks. The NBA was not named. The jury awarded Sanders $11.7M in punitive damages in large part due to how the harassment claims investigation was handled internally by the Knicks. I'm guessing that suit provided some of the motivation for this course of action, and a blueprint for which big pockets to tackle. It also provides a lot of motivation for Roger to handle the investigation appropriately.

Bumpworthy for the new page.

[Scott Campbell]

http://www.cbsnews.com/stories/2010/11/12/earlyshow/leisure/celebspot/main7047922.shtml

"The question now is when any decision about possible punishment for Favre comes down.

Remi Spencer, a former prosecutor told CBS News, "The NFL is obligated to pursue this and make sure they determine what the proper course of action is. They can't ignore it."

[Tony Oday]

Ok wait a second...arent all of these workers Contract Workers? If so they are not part of the Jets they are part of their own companies that are contractors. I know that Anne Carrol here in MN is a contract worker, she does Vikings Weekly.

[Scott Campbell]

Ok wait a second...arent all of these workers Contract Workers? If so they are not part of the Jets they are part of their own companies that are contractors. I know that Anne Carrol here in MN is a contract worker, she does Vikings Weekly.

I read that contract employee status has no bearing on sexual harassment lawsuits. And of course intuitively, that makes sense.

[Tony Oday]

Ok wait a second...arent all of these workers Contract Workers? If so they are not part of the Jets they are part of their own companies that are contractors. I know that Anne Carrol here in MN is a contract worker, she does Vikings Weekly.

I read that contract employee status has no bearing on sexual harassment lawsuits. And of course intuitively, that makes sense.

Does it? So if there is an employee at McDonalds who sexually harasses the American Food Services Driver, I think thats their supplier, then wouldnt it be a personal not a business matter?

[Scott Campbell]

Ok wait a second...arent all of these workers Contract Workers? If so they are not part of the Jets they are part of their own companies that are contractors. I know that Anne Carrol here in MN is a contract worker, she does Vikings Weekly.

I read that contract employee status has no bearing on sexual harassment lawsuits. And of course intuitively, that makes sense.

Does it? So if there is an employee at McDonalds who sexually harasses the American Food Services Driver, I think thats their supplier, then wouldnt it be a personal not a business matter?

http://library.findlaw.com/2003/Sep/30/133068.html

"Additionally, many employers are not aware that there are different tests for whether a worker is an independent contractor or an employee, depending on the type of law applied. For example, independent contractors have many of the same rights as employees under state and local anti-discrimination laws. The reverse is also true – sexual harassment or racial or other forms of discrimination initiated by an independent contractor could result in liability to the employer. Additionally, concepts of agency may result in the employer being bound by the words of acts of the independent contractor, such as verbal or written commitments to buy and sell goods or services at a certain rate, or liability for auto accidents."

[Scott Campbell]

Ok wait a second...arent all of these workers Contract Workers? If so they are not part of the Jets they are part of their own companies that are contractors. I know that Anne Carrol here in MN is a contract worker, she does Vikings Weekly.

I read that contract employee status has no bearing on sexual harassment lawsuits. And of course intuitively, that makes sense.

Does it? So if there is an employee at McDonalds who sexually harasses the American Food Services Driver, I think thats their supplier, then wouldnt it be a personal not a business matter?

I don't think that's the same thing. In your example, the Driver worked for a different company. Jenn was an independent contractor hired by the Jets. She wasn't working for anyone else.

[Tony Oday]

well whatever really he is a D Bag.

[Scott Campbell]

My best guess as to what happens next is that they call Bert back in for another interview to discuss the new evidence that team Sterger introduced. I don't know how they could take any action against him without first allowing him to respond to whatever it is that she said.