Today, the judge clarified his ruling on the Amended Expert Report regarding tort damages by limiting expert testimony to one year of salary after graduation. Defendants' Motion for leave to file affirmative defense will be granted if Defendants can show the subject matter of the affirmative defense was disclosed in Defendants' Rule 213 disclosures or contained in the deposition testimony. A decision is awaited on the additional affirmative defense. A hearing is set for Defendants' Motion for summary judgment on 9/14/07. Motions regarding clarification of contract damages continue. Defendants have until Sept. 19 to file their motion to strike the expert report. Plaintiff has until Sept. 24 to respond. The motion will be heard on Oct. 10, at which time the court will clarify the application of its ruling on the measure of contract damages. The trial has been suspended until such damages are resolved. A new pretrial calendar will be set on October 10th.
The court has determined plaintiff's entitlement to attorneys' fees and costs due to the belated production of the 1200 documents. The magnitude of the award is at issue in the fee petition and a refiled petition is awaited. The pending fee petition continues to be set the over indefinitely (since June 5th) with instructions to concentrate on getting the case ready for trial.
The court continues to reserve ruling on defendants' petition for duplicate costs arising
from the plaintiff's 2nd amended complaint.
In his suit against the University, nine claims are now at issue.
Counts I and II allege, respectively, breach of express and of
implied contract, due to violations of University regulations, and
his rights to freedom of inquiry, as set forth in the University
manual and handbook. Freedom of inquiry, one of the most highly
protected freedoms in an academic community, is the freedom to
inquire without penalty or retribution. Counts IV and V allege
breach of express and implied contracts for financial aid
(especially free tutoring). Newly added counts VII and VIII reallege
these breaches of contract with refinements based on discovery to
date. Count IX for spoliation of evidence was added for breach of
duty to preserve evidence by destroying thousands of potentially
relevant documents. Count VI alleges detrimental reliance on the
promises of the University. Count X is for tortious interference
with contract. Vernón claims the University lured him from
another program, and uprooted his life. Vernón is represented
by Elaine Siegel (ELAINE K.B. SIEGEL & ASSOC., P..C., 39 South
LaSalle Street, Suite 617, Chicago, Illinois 60603, (312) 236-8088,
Vernón, a kukkiwon certified black belt, is one of Chicago's
most prominent non-projectile weapons practitioners and most popular
beach personalities. He often performs using the nickname "Tony the
Tiger". You may have seen him perform July 3rd in the Wilmette
Parks District Independence Day Celebration. Plaintiff notes the imminent release of his "Summer 2006 Highlights" video, which will include some 50 video clips from the last year. He was the 1st
middleweight collegiate athlete to deadlift 600 lbs. without using
steroids. His father, Dr. Carlos Vernón (1937-2003), was the
1957 Athlete of the Year for the Republic of Panama and is the
greatest sprinter in Latin American history. He ran a 10.2 when the
world record was 10.1.
Donations to his legal fund by check and money order, at
Vernón Legal Fund, 1507 E. 53rd. St. - #608, Chicago, IL
60615 are welcomed. Donations by credit card and electronic payment
can be made via free paypal accounts (from www.paypal.com) to
firstname.lastname@example.org or email@example.com.