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 ...
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?
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.
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.
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?
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.
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.
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.
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.
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 ...
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.
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.
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.
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.
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.
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.
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.