Wisconsin officially sues Miami over Xavier Lucas

I agree with you completely.

But I haven’t seen our MTD, so all I know about it / UM’s argument is a from a podcast that was a he said-he said-he said. And you and I both know very well that state courts sometimes do some weird things sometimes. So I am not ever going to say that the case will 100% get dismissed on this motion. That’s all.

But it should be dismissed on this motion. And the plaintiffs were dumb to ever file it (which we said from the beginning).
Fair point, but I thought that UM set its arguments up pretty well here (at least the 4 pages that were on twitter). Almost every court wants to efficiently dispose of as many cases as possible so long as the law supports an argument. Here, the easy way out is a convincing one- any event that could be considered tortious occurred in Florida and this defendant simply doesn't do sufficient business in Wisconsin to keep the case here. If Lucas were a party,the court might have a different ruling because Lucas clearly had sufficient contacts wtih Wisconsin, but he isn't. The underlying theory for Wisconsin is novel and the complaint is pleaded creatively, but the case is going to be a mess if it goes forward with discovery, and press, and possibly a trial that won't flatter the court or end well for the plaintiffs (the last point matters only because I suspect the court will want to save the hometown school from an embarrassing loss if it can). I won't say this is a guaranteed win either, but dismissal at this stage makes a lot of sense. Would Wisconsin refile in FL? It's their money and they can do what they want, but at some point the AD or the Administration is going to tell them to stop throwing good money after bad.
 
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Fair point, but I thought that UM set its arguments up pretty well here (at least the 4 pages that were on twitter). Almost every court wants to efficiently dispose of as many cases as possible so long as the law supports an argument. Here, the easy way out is a convincing one- any event that could be considered tortious occurred in Florida and this defendant simply doesn't do sufficient business in Wisconsin to keep the case here. If Lucas were a party,the court might have a different ruling because Lucas clearly had sufficient contacts wtih Wisconsin, but he isn't. The underlying theory for Wisconsin is novel and the complaint is pleaded creatively, but the case is going to be a mess if it goes forward with discovery, and press, and possibly a trial that won't flatter the court or end well for the plaintiffs (the last point matters only because I suspect the court will want to save the hometown school from an embarrassing loss if it can). I won't say this is a guaranteed win either, but dismissal at this stage makes a lot of sense. Would Wisconsin refile in FL? It's their money and they can do what they want, but at some point the AD or the Administration is going to tell them to stop throwing good money after bad.
Caveat: I haven't read the motion because I read enough legal pleadings and nonsense all day long and don't care to read more for fun, but two points . . .

One, there is likely jurisdiction in Wisconsin. I don't practice in Wisconsin, but most states, including Florida, provide that if you commit a tortious act in the state, you are subject to jurisdiction there. Oftentimes, making a call or sending an email or a text into a state can be considered a tortious act. I assume that Wisconsin can argue that if Miami contacted Lucas in Wisconsin with the hope of encouraging him to leave, that suffices. I suspect that if Wisconsin is claiming that Miami knew of a contract that existed in Wisconsin and contacted Lucas notwithstanding, that might also support jurisdiction but now we're getting into the weeds of legal research that I ain't doing for free!

Second, just FYI, but most motions to dismiss are denied. Like I said, I haven't read the motion and don't know a **** thing about this judge, but the greater likelihood is that the motion is denied.

All in all, I think this is stupid. There are no real repercussions. This doesn't matter. Miami will pay some money and that's that. That's 99.9% of lawsuits.
 
Fair point, but I thought that UM set its arguments up pretty well here (at least the 4 pages that were on twitter). Almost every court wants to efficiently dispose of as many cases as possible so long as the law supports an argument. Here, the easy way out is a convincing one- any event that could be considered tortious occurred in Florida and this defendant simply doesn't do sufficient business in Wisconsin to keep the case here. If Lucas were a party,the court might have a different ruling because Lucas clearly had sufficient contacts wtih Wisconsin, but he isn't. The underlying theory for Wisconsin is novel and the complaint is pleaded creatively, but the case is going to be a mess if it goes forward with discovery, and press, and possibly a trial that won't flatter the court or end well for the plaintiffs (the last point matters only because I suspect the court will want to save the hometown school from an embarrassing loss if it can). I won't say this is a guaranteed win either, but dismissal at this stage makes a lot of sense. Would Wisconsin refile in FL? It's their money and they can do what they want, but at some point the AD or the Administration is going to tell them to stop throwing good money after bad.
Yeah, I don’t disagree with any of y’all and I never was, although @AlexCane summed up exactly how I feel. So I’m not really sure what we are debating here.

All I was expressing in my OP was cautious optimism and warning @Canes Legacy he may want to pump the brakes before trolling the UW boards just in case it’s not over yet.
 
Federal prosecutors aren’t touching this. They only want slam dunk cases.
This is a civil suit, not criminal. A federal prosecutor’s office has nothing to do with this, regardless of whether it eventually gets removed to federal court. UM and UW would retain their same attorneys.
 
Yeah, I agree with TOC. It would be a waste of time for them to do so, as if it gets dismissed on these grounds, it would get dismissed on the same grounds in Florida. Plus, the Court would be annoyed with them for having done so because it would be frivolous and a waste of time.
And Florida is a very unfriendly state when it comes to enforcing non compete clauses. Which at the end of the day, is what this is.
 
While searching for a copy of UM"s motion to dismiss, I saw this analysis from a Kansas City based attorney. Summary: he likes our argument re: general jurisdiction but doesn't know what Wisconsin will have to counter the minimum contacts argument, and agrees that if Lucas's statement isn't contradicted, Wisconsin doesn't have much of a case to move forward.
 
i would have filed a Motion for Introductis Pingamus Intrare Sweeny Ad Infinitium rather than a motion to dismiss.

/but that's just me.
 
i would have filed a Motion for Introductis Pingamus Intrare Sweeny Ad Infinitium rather than a motion to dismiss.

/but that's just me.
I may be wrong, but I think if UM's request to allow Bigus D i c k us of Rome to appear pro hac vice were approved you might have seen that motioon.
 
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