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	<title>
	Comments on: Claim: scandal author should pay for hurting value of U. of Louisville degrees	</title>
	<atom:link href="https://www.overlawyered.com/2015/10/claim-scandal-author-should-pay-for-hurting-value-of-u-of-louisville-degrees/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2015/10/claim-scandal-author-should-pay-for-hurting-value-of-u-of-louisville-degrees/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Sat, 24 Oct 2015 18:46:32 +0000</lastBuildDate>
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	<item>
		<title>
		By: David C		</title>
		<link>https://www.overlawyered.com/2015/10/claim-scandal-author-should-pay-for-hurting-value-of-u-of-louisville-degrees/comment-page-1/#comment-328742</link>

		<dc:creator><![CDATA[David C]]></dc:creator>
		<pubDate>Sat, 24 Oct 2015 18:46:32 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55898#comment-328742</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2015/10/claim-scandal-author-should-pay-for-hurting-value-of-u-of-louisville-degrees/comment-page-1/#comment-328634&quot;&gt;Bill Poser&lt;/a&gt;.

&quot;What is the cause of action here?&quot;

The lawsuit was linked in the linked article, but I&#039;ll give you the link &lt;a href=&quot;http://ftpcontent.worldnow.com/wdrb/news/HornbackLawsuit.pdf&quot; rel=&quot;nofollow&quot;&gt;here&lt;/a&gt;.

Count I is a request for injunctive relief, which seems odd.  It just seems like most suits put those at the end, after they&#039;ve alleged everything else and have established a reason for the injunction.

Count II cites chapter 529 of the KRS (which relates to prostitution and human trafficking), and this statute:

446.070   Penalty no bar to civil recovery.
A  person  injured  by  the  violation  of  any  statute  may  recover  from  the  offender  such damages  as  he  sustained  by  reason  of  the  violation,  although  a  penalty  or  forfeiture  is imposed for such violation.

Citing all of chapter 529 is a bit vague, but presumably they think there was a violation of 529.040(1):  &quot;A person is guilty of promoting prostitution when he knowingly advances or profits from prostitution.&quot;

&quot;Intentional interference with a contract&quot;, &quot;Intentional interference with economic relations&quot;, and &quot;Civil Conspiracy&quot; are the other causes of action listed.

And it continues to amaze me that lawyers don&#039;t proofread.  &quot;$10,000 dollars&quot; is redundant.  &quot;Circuit Court&quot; is sometimes capitalized and sometimes not, in the same context.  There are two &quot;Count V&quot; headings, the second one being the request for class action.  They say in one place that they&#039;re asking for declaratory relief, but (unless I missed it) never actually specify what sort of declaratory relief they&#039;re looking for.  Many of the sentences in the class action section aren&#039;t coherent sentences.

The lawsuit seems problematic at best.  &quot;Profiting from prostitution&quot; is defined by statute like this:

A person &quot;profits from prostitution&quot; when acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly accepts or receives or agrees to accept or receive money or other property pursuant to an agreement or understanding with any person whereby he or she participates or is to participate in proceeds of prostitution activity;&quot;

I don&#039;t think selling a book talking about past prostitution fits this definition.  And, of course, the connection between the publishing of the book and the value of a university degree is tenuous at best.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2015/10/claim-scandal-author-should-pay-for-hurting-value-of-u-of-louisville-degrees/comment-page-1/#comment-328634">Bill Poser</a>.</p>
<p>&#8220;What is the cause of action here?&#8221;</p>
<p>The lawsuit was linked in the linked article, but I&#8217;ll give you the link <a href="http://ftpcontent.worldnow.com/wdrb/news/HornbackLawsuit.pdf" rel="nofollow">here</a>.</p>
<p>Count I is a request for injunctive relief, which seems odd.  It just seems like most suits put those at the end, after they&#8217;ve alleged everything else and have established a reason for the injunction.</p>
<p>Count II cites chapter 529 of the KRS (which relates to prostitution and human trafficking), and this statute:</p>
<p>446.070   Penalty no bar to civil recovery.<br />
A  person  injured  by  the  violation  of  any  statute  may  recover  from  the  offender  such damages  as  he  sustained  by  reason  of  the  violation,  although  a  penalty  or  forfeiture  is imposed for such violation.</p>
<p>Citing all of chapter 529 is a bit vague, but presumably they think there was a violation of 529.040(1):  &#8220;A person is guilty of promoting prostitution when he knowingly advances or profits from prostitution.&#8221;</p>
<p>&#8220;Intentional interference with a contract&#8221;, &#8220;Intentional interference with economic relations&#8221;, and &#8220;Civil Conspiracy&#8221; are the other causes of action listed.</p>
<p>And it continues to amaze me that lawyers don&#8217;t proofread.  &#8220;$10,000 dollars&#8221; is redundant.  &#8220;Circuit Court&#8221; is sometimes capitalized and sometimes not, in the same context.  There are two &#8220;Count V&#8221; headings, the second one being the request for class action.  They say in one place that they&#8217;re asking for declaratory relief, but (unless I missed it) never actually specify what sort of declaratory relief they&#8217;re looking for.  Many of the sentences in the class action section aren&#8217;t coherent sentences.</p>
<p>The lawsuit seems problematic at best.  &#8220;Profiting from prostitution&#8221; is defined by statute like this:</p>
<p>A person &#8220;profits from prostitution&#8221; when acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly accepts or receives or agrees to accept or receive money or other property pursuant to an agreement or understanding with any person whereby he or she participates or is to participate in proceeds of prostitution activity;&#8221;</p>
<p>I don&#8217;t think selling a book talking about past prostitution fits this definition.  And, of course, the connection between the publishing of the book and the value of a university degree is tenuous at best.</p>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2015/10/claim-scandal-author-should-pay-for-hurting-value-of-u-of-louisville-degrees/comment-page-1/#comment-328657</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Fri, 23 Oct 2015 21:57:17 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55898#comment-328657</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2015/10/claim-scandal-author-should-pay-for-hurting-value-of-u-of-louisville-degrees/comment-page-1/#comment-328634&quot;&gt;Bill Poser&lt;/a&gt;.

&quot;What is the cause of action here?&quot;  

Butt hurt.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2015/10/claim-scandal-author-should-pay-for-hurting-value-of-u-of-louisville-degrees/comment-page-1/#comment-328634">Bill Poser</a>.</p>
<p>&#8220;What is the cause of action here?&#8221;  </p>
<p>Butt hurt.</p>
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		<title>
		By: Boblipton		</title>
		<link>https://www.overlawyered.com/2015/10/claim-scandal-author-should-pay-for-hurting-value-of-u-of-louisville-degrees/comment-page-1/#comment-328642</link>

		<dc:creator><![CDATA[Boblipton]]></dc:creator>
		<pubDate>Fri, 23 Oct 2015 18:16:49 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55898#comment-328642</guid>

					<description><![CDATA[The cause of action is that some one else has money.

Bob]]></description>
			<content:encoded><![CDATA[<p>The cause of action is that some one else has money.</p>
<p>Bob</p>
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		<title>
		By: Bill Poser		</title>
		<link>https://www.overlawyered.com/2015/10/claim-scandal-author-should-pay-for-hurting-value-of-u-of-louisville-degrees/comment-page-1/#comment-328634</link>

		<dc:creator><![CDATA[Bill Poser]]></dc:creator>
		<pubDate>Fri, 23 Oct 2015 16:50:38 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55898#comment-328634</guid>

					<description><![CDATA[Damaging the value of a degree is not in and of itself a tort. What is the cause of action here?]]></description>
			<content:encoded><![CDATA[<p>Damaging the value of a degree is not in and of itself a tort. What is the cause of action here?</p>
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		<title>
		By: Wfjag		</title>
		<link>https://www.overlawyered.com/2015/10/claim-scandal-author-should-pay-for-hurting-value-of-u-of-louisville-degrees/comment-page-1/#comment-328619</link>

		<dc:creator><![CDATA[Wfjag]]></dc:creator>
		<pubDate>Fri, 23 Oct 2015 12:55:17 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55898#comment-328619</guid>

					<description><![CDATA[According to her book, as part of the U of L recruiting activities for its basketball program, Ms. Powell, brought her three daughters, aged 15, 17 &#038; 19, and they partied and had sex with the prospects. Since, unlike plaintiff, the Powell daughters now have professions with which they can support themselves, it appears that the market value of plaintiff&#039;s degree has already been established. To complete the farce, the daughters should file date rape charges against the boys, since under the Dept of Ed OCR guidelines there was never affirmative consent, because they were paid to perform.]]></description>
			<content:encoded><![CDATA[<p>According to her book, as part of the U of L recruiting activities for its basketball program, Ms. Powell, brought her three daughters, aged 15, 17 &amp; 19, and they partied and had sex with the prospects. Since, unlike plaintiff, the Powell daughters now have professions with which they can support themselves, it appears that the market value of plaintiff&#8217;s degree has already been established. To complete the farce, the daughters should file date rape charges against the boys, since under the Dept of Ed OCR guidelines there was never affirmative consent, because they were paid to perform.</p>
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		<title>
		By: Farside		</title>
		<link>https://www.overlawyered.com/2015/10/claim-scandal-author-should-pay-for-hurting-value-of-u-of-louisville-degrees/comment-page-1/#comment-328614</link>

		<dc:creator><![CDATA[Farside]]></dc:creator>
		<pubDate>Fri, 23 Oct 2015 12:37:53 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55898#comment-328614</guid>

					<description><![CDATA[The student wants a trial by jury.  I recommend a change of venue from Louisville. I think Lexington would be the ideal city.]]></description>
			<content:encoded><![CDATA[<p>The student wants a trial by jury.  I recommend a change of venue from Louisville. I think Lexington would be the ideal city.</p>
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