Breaking down some of the key questions surrounding the former USC running back’s defamation lawsuit.
In the early winter of 2019, following a string of legal battles that included a waiver for current Chicago Bears quarterback Justin Fields’
Perhaps, in that moment, it would have been easy to paint such statements almost as slander: a public outcry held just hundreds of feet over the stretch of seats where Bush’s No. 5 should be commemorated, they argued. The Southern California News Group spoke with Mars and two other lawyers, all with extensive backgrounds in high-profile litigation, for their professional insight on the path forward for Bush and the likely outcomes of a suit with massive implications. Here’s an analysis of some key questions.Simple answer, from Bush and his team at that August press conference: restore his Heisman glory. Restore his records. Win the fight he’s been fighting for over a decade.
Their most immediate and obvious course of action, though, would be to file a motion to dismiss the case. Winning such a motion, Ring said, would be ugly. “It just takes the position that, ‘We haven’t done anything wrong, we’re right, and therefore we’re going to litigate this until the last dog is dead,’” Mars said.In a vacuum, it’s quite difficult for a public figure to win a defamation suit, due to the need to prove malice behind the defendant’s statements.
“I see this as a desperate attempt to get his Heisman back,” Stewart said of Bush, “and it includes a frivolous lawsuit against the NCAA.”
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