Res Judicata

RES JUDICATA – Lat. “the thing has been decided” The principle that a final judgment of a competent court is conclusive upon the parties in any subsequent litigation involving the same cause of action.

Louisville Courier-Journal:

A Franklin, Ky., Circuit Court judge sided with a devilishly clever argument and ruled in favor of Duke University yesterday in a breach of contract lawsuit brought forth by the University of Louisville.  U of L sued Duke for $450,000 after the Blue Devils backed out of a four-game football contract with three dates remaining.  The contract called for a penalty of $150,000 per game if a date with a “team of similar stature” could not be arranged.

Duke’s lawyers argued the Blue Devils, which have a record of 6-45 over the past five seasons, were so bad that any team would be a suitable replacement.

Judge Phillip J. Shepherd agreed with Duke’s lawyers — the football team is so bad that any replacement would do:

“At oral argument, Duke (with a candor perhaps more attributable to good legal strategy than to institutional modesty) persuasively asserted that this is a threshold that could not be any lower. Duke’s argument on this point cannot be reasonably disputed by Louisville.”

Kentucky courts interpret contract terms “according to their plain and ordinary meaning” barring any ambiguity. According to Shepherd, finding a suitable replacement literally meant any NCAA Division I team would suffice – including those in the Football Championship Subdivision (formerly known as Division I-AA.)

Dook sucks.

I reckon so. (The Wisdom of Josey Wales)

josey-wales.jpg

Now remember, things look bad and it looks like you’re not gonna make it, then you gotta get mean. I mean plumb, mad-dog mean. ‘Cause if you lose your head and you give up then you neither live nor win. That’s just the way it is. — Josey Wales

It’s D-Day in college basketball. So we go to the great philosopher Josey Wales for wisdom in these times that try men’s souls.

Continue reading

The potential for humiliation rises.

cry.jpg

I admit that when Ty Lawson went down and did not return in today’s game against FSU, I was concerned. As in: I am concerned that I could die from asphyxiation if I don’t stop vomiting. But good things come to those who wait, and my stomach emptied. And I had an epiphany. There is a bright side.

Pain and Humiliation. Continue reading

A Win-Win Scenario

dook-moou.jpg

I love it when Dook and State tangle. Or tango. I’m not sure what Hickson and Thomas are doing. Scheyer is just being Scheyer.

I told my Dookie dad this morning that I love the Dook – State game because one of them has to lose. Ergo, I win.

Tonight was great. Dook had a second straight game of being down at the half and State had the smell of victory in their nostrils before the acrid aroma of another bitter chokejob/meltdown filled Cameron High-School Gym.