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LB Storm Klein (Official Thread)

scarletngray;1933043; said:
He's going to take on the NCAA too. I would love for all of this nonsense that has been blown out of proportion, misrepresented, etc. to turn table on all the yahoos who have intentionally lied and slandered Coach Tressel and the Ohio State Football team.

I actually hope that multiple law suits are filed and these guys get a taste of their own medicine. It's time to "OUR HONOR DEFEND" and people stop being the media's punching bag. Enough is enough.

:osu:

I would assume he only goes after the NCAA if they use the information from SI to punish Storm in any way.
 
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sepia5;1933153; said:
Almost impossible to win.

I would respectfully beg to differ. Tressel may be construed as a "public" figure and might have a heightened standard to meet, but I don't know why Klein as a student would be considered anything other than a "private" individual. I don't know Ohio laws well, but defamation is a claim that would fly in many other states if a the challenged statement either is a fact or implies an assertion of fact. Basically have to prove the statement was false and that he has suffered damage as a result.

I fucking love it, and I hope it works. At bare minimum, any exposure to wrongfully accused student athletes would be good for the Buckeyes in the court of public opinion.
 
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Taosman;1933150; said:
I believe we could be looking at a "defamation of character" lawsuit.
Perhaps the lawyers here could offer their thoughts on this?

tats or cash...

It isn't prove that is true...it is now prove it is not true. Memorabilia is not only rings, etc...what about cleats, practice pants, anything that walked out of the WHAC?

The ambiguity is his best defense and also his sharpest weapon in public perception.
 
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I just re-read the relevant statement in the SI article:

Ellis, who spent time in and around the tattoo parlor for nearly 20 months, says that in addition to those six, he witnessed nine other active players swap memorabilia or give autographs for tattoos or money. Those players were defensive back C.J. Barnett, linebacker Dorian Bell, running back Jaamal Berry, running back Bo DeLande, defensive back Zach Domicone, linebacker Storm Klein, linebacker Etienne Sabino, defensive tackle John Simon and defensive end Nathan Williams.
So maybe the defamatory statement was only made by Ellis, and that is who the claim, if any, would be against. Still shoddy journalism to run with whatever source is willing to say anything bad and run with it as if it were the truth.
 
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The name-dropping was fairly reckless by Dohrmann if he wasn't willing to print specifics. That said, a defamation suit would be almost impossible to win. What if he's not suspended by the NCAA? What are his damages?

I doubt you see anything come of this. But I can assure you Dohrmann/SI don't want that kind of publicity. If a lawsuit is filed, it will be dragged out so long that no one will even notice the end result. They'll only notice that it was filed.
 
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JohnnyCockfight;1933175; said:
I just re-read the relevant statement in the SI article:

So maybe the defamatory statement was only made by Ellis, and that is who the claim, if any, would be against. Still shoddy journalism to run with whatever source is willing to say anything bad and run with it as if it were the truth.

the source might as well be sports by brooks though...

Simon and Williams have had the same tattoos since entering college. Klein doesn't have any.

It seems as though SI took an initial report from SBB and Herbstriet, and tried to make it true.

It's also why I think the number of 28 players is WAY overblown....
 
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billmac91;1933181; said:
the source might as well be sports by brooks though...

Simon and Williams have had the same tattoos since entering college. Klein doesn't have any.

It seems as though SI took an initial report from SBB and Herbstriet, and tried to make it true.

It's also why I think the number of 28 players is WAY overblown....

Speaking of 28 and accuracy by SI ...

The article said that 28 was "22 more than the university has acknowledged:. But tOSU admitted to the 5 that got a 5-game suspension, Whiting and "Player g', so SI's number wasn't accurate. A minor point, but just another example of the shoddy reporting in the article. Or an inability to count and subtract.

And I've seen that '22 more' quote copied by a couple other journalists.
 
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JohnnyCockfight;1933175; said:
I just re-read the relevant statement in the SI article:

So maybe the defamatory statement was only made by Ellis, and that is who the claim, if any, would be against. Still shoddy journalism to run with whatever source is willing to say anything bad and run with it as if it were the truth.

Ellis was an alias name for an unnamed source, and is protected by shield laws in Ohio. Even still, the reporter has an obligation to reasonably thoroughly investigate such a claim, leaving ultimate liability on the news organization (and they have deeper pockets than "Ellis" I am sure).

The damages incurred is the most interesting aspect to me...not really sure he could claim damages yet. A harm to reputation could happen down the road that causes damages, but I could see "token" or punitive damages for the time being. Could he prove that being named somehow lost him friendships to get actual damages? Relationships? A summer job opportunity? He may be able to conjure up some claim to damages.

No doubt in my mind that SI at least showed simple negligence (as said before, Klein will be a private person, so that is all he really should need), and quite possibly a reckless disregard for the truth. Correct me if I am wrong, it is late and I ain't a lawyer yet :biggrin:
 
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