It appears the plaintiff's case was on the ropes according to the story. I would love to know the terms and the reasoning, but we'll never know. The chapter closes.
It appears the plaintiff's case was on the ropes according to the story. I would love to know the terms and the reasoning, but we'll never know. The chapter closes.
"Attorneys for Nike and Salazar denied the claims, including in a recent 48-page motion for summary judgement, a legal move to resolve a case in its early stages. In the motion, the attorneys argued Cain’s allegations are “demonstrably false, and even contradicted by her own testimony and public statements.” Attorneys for Nike and Salazar also said her claims were barred because of a two-year statute of limitations.
Cain’s lawyers responded to the motion in late September, but the document is not open to public inspection because of a protective order in the case. In a public filing two weeks ago, Cain’s lawyers said they needed more time to respond to the motion because discovery wasn’t complete."
And then the case settled. Very interesting. Looks like a Nike win from afar.
You do realize that Mary Cain already lost the first of her 3 claims against Nike and Salazar earlier this year in pre-trials, right? Mary Cain lost this and likely only got a small pittance to get her to go away and focus on Atalanta NYC
And then the case settled. Very interesting. Looks like a Nike win from afar.
Anyone that actually read the SafeSport report could have predicted this since the arbitrator in that case upheld Kara Goucher's claims but rejected Mary Cain's claims.
Mary Cain is 3 years younger than Shelby Houlihan so can we expect a comeback where they both join Team Unwanted and they show us how it’s done? Shelby can do endorsements for burritos and Mary can endorse Candycains.
It's often much less costly and time consuming to just pay a small extortion fee in a lawsuit instead of going through the whole trial
Evidently the claims were neither demonstrably false enough for a summary of judgment nor past the statute of limitations, or there would never have been a "whole trial".
Whether she got $2 million or $18 million is the more interesting question - probably something in between or they wouldn't have come to an agreement.
A strange coincidence that this news came out today because yesterday I was rereading the Jumbo Elliott biography “Maker of Milers, Maker of Men”. Reportedly, Jumbo was concerned about his Villanova runners gaining weight and railed against guys that got “thick in the ass” who would soon be off the team.
it will be interesting to see what the future holds for Mary and her Atalanta dynasty.
If I were to make a somewhat educated guess, Cain and her attorneys knew the odds were stacked against her and the summary of judgment was going to be a final thorn in the flesh. This happens. The plaintiff and her attorney realize there is going to be a huge legal bill without a victory. The plaintiff goes for last minute settlement to pay for all legal fees, perhaps a little cash and a promise to keep quiet. In return, the defendant gets rid of the headache and doesn't have to take the possible risk of having to go to trial. It wouldn't be uncommon for the settlement to include something along the likes of Nike or Salazar not countersuing Cain after all of the discovery. This could have been payout for as little as Cain's legal fees. I doubt a big some of money, but again we'll never know nor the details in the discovery.
It's often much less costly and time consuming to just pay a small extortion fee in a lawsuit instead of going through the whole trial
Evidently the claims were neither demonstrably false enough for a summary of judgment nor past the statute of limitations, or there would never have been a "whole trial".
Whether she got $2 million or $18 million is the more interesting question - probably something in between or they wouldn't have come to an agreement.
It's possible that Cain had to pay Nike to avoid a countersuit. 🤣
If I were to make a somewhat educated guess, Cain and her attorneys knew the odds were stacked against her and the summary of judgment was going to be a final thorn in the flesh. This happens. The plaintiff and her attorney realize there is going to be a huge legal bill without a victory. The plaintiff goes for last minute settlement to pay for all legal fees, perhaps a little cash and a promise to keep quiet. In return, the defendant gets rid of the headache and doesn't have to take the possible risk of having to go to trial. It wouldn't be uncommon for the settlement to include something along the likes of Nike or Salazar not countersuing Cain after all of the discovery. This could have been payout for as little as Cain's legal fees. I doubt a big some of money, but again we'll never know nor the details in the discovery.
She barely got the money for the legal fees. She didn't have a case
It appears the plaintiff's case was on the ropes according to the story. I would love to know the terms and the reasoning, but we'll never know. The chapter closes.
She will have some money to build a better website now.
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