« on: May 09, 2009, 10:35:29 AM »
($1 to Pell City Tiger) :thumbsup:
BREAKING NEWS: Keller suit vs. NCAA over
By Dewayne Patterson
The Daily Sentinel
Published May 8, 2009
Former Alabama football booster and local businessman Ray Keller's motion for a second trial in his civil suit against the NCAA was denied by Jackson County Circuit Judge John Graham in a court order ruling Friday.
In a historic trial in November 2007, Keller was awarded a $5 million verdict by a Jackson County Jury.
However, months later retired Montgomery Circuit Judge William Gordon, who stepped in after Graham fell ill at the end of the trial, threw out the verdict saying it was awarded "as a result of passion or prejudice." Gordon also granted the NCAA's motion for a new trial.
In his ruling Friday, Graham wrote that Gordon's ruling didn't entitle Keller to a new trial.
Keller attorneys withdrew an appeal to the Alabama Supreme Court against Gordon's decision in February.
Graham wrote, "Mr. Keller would only be entitled to a new trial if the Supreme Court reversed the judgement as matter of law and affirmed the conditional grant of the motion for a new trial. Because there has been no such ruling by the Supreme Court (nor will there be given Mr. Keller's voluntary dismissal of his appeal), Mr. Keller's request for a new trial is due to be denied."
Keller's original lawsuit was filed in February 2004 after the NCAA refused to issue a retraction of statements concerning Keller in a 2002 University of Alabama Infractions Report.
The Infractions Report, issued in February 2002, was presented at a major national news conference organized and conducted by the NCAA. Included in the Infractions Report and accompanying press conference and released was what was labeled by trial experts as an "unprecedented personal attack" on Keller, a booster for the Alabama football program at the time.
Don Word, an attorney for Keller, said there was obvious disappointment in Graham's ruling.
"It's a shame it ended up like this," Word said. "We feel like Ray was vindicated by a jury of his peers. We feel like the 12 folks who sat for four weeks listening to the evidence got it right."
http://www.thedailysentinel.com/story.lasso?ewcd=df9f68cf5f106ffa
« Last Edit: May 09, 2009, 01:41:51 PM by The Prowler »
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