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Post Info TOPIC: Latest in Whiting case
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Latest in Whiting case
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http://www.ca5.uscourts.gov/opinions/pub/04/04-60956-CV0.wpd.pdf

UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 04-60956

FILED
June 2, 2006

MELISSA WHITING, Plaintiff-Appellant, VERSUS THE UNIVERSITY OF SOUTHERN MISSISSIPPI; SHELBY THAMAS, Dr.; DANA THAMES, Dr.; CARL MASTRAY, Dr.; Defendants-Appellees

Appeal from the United States District Court For the Southern District of Mississippi ...



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need help

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Would others care to comment on this.  For 3 years we've heard about how Whiting was screwed by Dana Thames and would've been given tenure by everyone else, yet this document shows that the CoEP Advisory Council went further than the CISE faculty/Thames by denying her tenure and promotion.  Presumably there were psychologists and others on this council.  Who were these people?  Were they working in concert with Dana?  I had bought into the idea MW was railroaded?  Is that idea wrong?

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Not over yet...

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She hasn't lost yet.  Her case was remanded to state court on the issues of contract law.  She still gets her day in court but it will be in state court, not federal court, and it will only be on matters of violation of contract law.

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stinky cheese man

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i agree she gets her day in state court, but the federal decision's references to state law don't seem too positive. at least, there is an accounting of the facts of the case out in public.

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LeftASAP

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It appears that she was one of the most productive members of her department receiving highest annual evaluations, but that productivity didn't impress the college committee.  What gives, a weak department with faulty evaluation? 

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thamesbeliever

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Well, I guess the cows have come home now.


 


Just more proof that USM profs are liberal whiners.  Dr. Whiting has lost.


 


Shelby has WON !



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BAD

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Is you is or is you ain't his constituancy?

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Shaft

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Her day in court is guaranteed.  And, the Thames crew is in a heap of trouble - they know it. It's simply going back to the state court - unless it is supremely divined. 

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Not over yet...

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Any chance that someone could post the transcripts of depositions that were taken in the Whiting case?  Does anyone know has been deposed in the case?

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Not over yet...

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Does anyone know who has been deposed in the case?

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Shaft

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There were at least 4 declared spineless Thames cronies on the CAC.  And they were SCaared of Dana Thames!!!  2 got the screws put to them later. 

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Shaft

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I heard Luce, Cicarelli, Cotten, Applet- Slick, and Palmer (for MW) and DT herself!! & SFT (against MW)

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Not over yet...

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Has any of that come out in depositions?

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Shaft

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From what I hear, the best deposition of all is the one DT gave. Lied all over herself . . . and got caught.  Jesse Palmer has passed away now.  SFT came off like a bumbling idiot.  The only person who can give out the depositions (and would be willing to I think) is MW (and KChaze).  I'd bet MW would love to have them out.


This is not over. 



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LVN

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Anybody who's ever been in a lawsuit, especially as a plaintiff, knows that what really happened and what appears on paper aren't always the same thing.

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Not over yet...

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Didn't DT really make things difficult/impossible for Luce, Cicarelli, Applet-Slick and Palmer? 

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stinky cheese man

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this case has had an interesting history on this board. mostly, MW would win in a slam-dunk fashion. hasn't happened yet. heard sometime this year that usm's attorneys embarrassed themselves at the appeal hearing. well, if they did, it was a winning strategy. martray was a hero--until you read the facts of the case and he supported the coep cac committee. i guess i'll take a wait-and-see attitude about how this shakes out (particularly since i've been a juror on civil trials twice, and a witness in a eerily similar trial in another state). chase has a history of winning initially and then losing on appeal. good pr but doesn't help the plaintiff.

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Who Cares

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info wrote:


http://www.ca5.uscourts.gov/opinions/pub/04/04-60956-CV0.wpd.pdf UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 04-60956 FILED June 2, 2006 MELISSA WHITING, Plaintiff-Appellant, VERSUS THE UNIVERSITY OF SOUTHERN MISSISSIPPI; SHELBY THAMAS, Dr.; DANA THAMES, Dr.; CARL MASTRAY, Dr.; Defendants-Appellees Appeal from the United States District Court For the Southern District of Mississippi ...


about this enough to be broadcasting it?


Who has a pony in this race?


Who has an axe to grind?


Who wants this all to go away?



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stinky cheese man

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one last point--when will the state trial be scheduled? i looked at the calendar and given chase's schedule it could be '08. no one said justice is swift.

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Smells Divine

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chase has a history of winning initially and then losing on appeal. good pr but doesn't help the plaintiff.


Yeah, he lost that Davida Williams case - right stinky?


At worst, the case will now be tried at the state level. The Thames group has long run out of acts of trying to throw it out. At best, it's now being reheard at the Federal Level (will be filed this week)since the Opinion was full of holes ( and smells of ultra-conservative politics). Bravo to the UAC, Don Cotten and A. Griffen for standing up for what was right. For MW, it just delays her day in court. For DT and SFT and poor CM, it was a delay in the public exposure.


Who cares? Someone in need of some adult education.



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stinky cheese man

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what did he win for her? tell me that! she wanted a doctoral degree, didn't get it. sorry, it is a weak victory, if a victory at all. and that's just for chase.

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Door Number Three

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stinky cheese man wrote:


what did he win for her? tell me that! she wanted a doctoral degree, didn't get it. sorry, it is a weak victory, if a victory at all. and that's just for chase.

$$$$$

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stinky cheese man

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$$$$$ for him and $ for her.

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Door Number Two

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stinky cheese man wrote:


what did he win for her? tell me that! she wanted a doctoral degree, didn't get it. sorry, it is a weak victory, if a victory at all. and that's just for chase.

Justice Was Served.

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Smells Divine

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stinky cheese man wrote:


$$$$$ for him and $ for her.

That $ was a major $ and she gets 2/3 of the $ - he gets 1/3.

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stinky cheese man

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if justice was served, then so be it. she didn't get what she really wanted--a doctorate.

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Taxpayer

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Smells Divine wrote:


stinky cheese man wrote: $$$$$ for him and $ for her. That $ was a major $ and she gets 2/3 of the $ - he gets 1/3.


Is that all it cost me?


This must have cost more than that.


Aren't there other lawyers feeding at this trough?



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stinky cheese man

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sd--if justice is $$, then so be it. but when you wanted the degree and didn't get it, it's not a victory in my book.

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Door Number One

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stinky cheese man wrote:


what did he win for her? tell me that! she wanted a doctoral degree, didn't get it. sorry, it is a weak victory, if a victory at all. and that's just for chase.

Truth and the American Way.

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Smells Divine

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Some people just like to do the right thing.  Take MW - she now has a position, at a higher rank at another university. Word is that she married into some major Bostonian family (well, in fact, I know that) - $$ is of little matter to her.  Like her, Davida might just value good health and a good life - and the fact that she beat the good ole boy system.  That and the cash might just be enough for her.

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