11/23/24
October 13, 2005
Moore suit tossed out of CO court: "British Columbia bears the most significant relationship to Moore's claims"...."It is highly likely that Colorado law will not apply to most, if not all, of Moore's claims."
She [the Judge] also said she was required to dismiss the case under a state law enacted in response to a large number of cases filed by non-residents. I have foreseen this (at least the dismissal) thanks to the help of an earlier post by garfield...it is the Prophecy, starring Christopher Walken.
posted by chris2sy at 01:11 PM on October 13, 2005
I just hope Moore is able to play at the same level again, soon, and that the Avs treat him right. It's the best (and at this point, only) satisfaction he can hope to receive from this whole sorry mess.
posted by lil_brown_bat at 01:17 PM on October 13, 2005
So it looks like it'll be lost pay and a promise from Pierre LaCroix that the Avs are interested in re-signing Moore once he is cleared to play. Fair? I'd say if the judge compensates Moore as if the NHL was in operation last year and gives him a season+ in salary, that would be as close to fair that the remaining options for Moore afford. Re: conspiracy - "After the February game, Bertuzzi, Canucks player Brad May -- who signed with the Avalanche this summer -- Crawford and Burke met in Denver and planned Bertuzzi's hit as retaliation, according to Lee Foreman, Moore's attorney." Doesn't that sound a bit silly to you. Why would May help plan Bertuzzi hitting Moore? Or better yet, how would May help plan Bertuzzi hitting Moore. Not that I understand the legal requirements for conspiracy or anything.
posted by garfield at 01:19 PM on October 13, 2005
Generally (I think): "The elements of a civil conspiracy are: (1) two or more persons; (2) an object to be accomplished; (3) an agreement on the object or course of action; (4) one or more unlawful overt acts; and (5) damages that are a direct result of those acts." So Moore's counsel probably tried to show that the agreement and object elements happened in Colorado in order to keep jurisdiction there. But if it was: "we need to pay Moore's ass back..." or something that simple, then it probably wasn't enough. You have one, maybe two of the elements happened in CO theoretically, and everything else in BC. I'm just guessing at that though. I think the forum non conveniens hurdle was too much to overcome for them under Colorado law. Somewhere else it might be more discretionary, but not in Colorado. Even if it were found that the Colorado court would have jurisdiction over (one or all of) the claims, the case could be dismissed for forum non conveniens.
posted by chris2sy at 01:49 PM on October 13, 2005
The conspiracy stuff is garbage. That remains a dirty hit and I still think Bertuzzi should not be allowed to play in the NHL. It wasn't just a cheap knee to knee kinda thing he broke thicks dudes neck. It's worse than Lemieux on Draper, worse than McSorley on Brasher. I get sick everytime I see the video of that hit. I love hockey more than own mother and to see this kind of thugery on the ice for what is otherwise graceful and very demanding sport gets my blood boiling. I hope Moore can play again although i did hear there were problems with him practicing with the Av's because of all kinds of legal junk. Moore deserves better and dedicated fans like myself want to see the leauge take some real action.
posted by HATER 187 at 01:51 PM on October 13, 2005
It remains among the most ugly sports moments in my memory and I'm amazed and saddened that the NHL didn't punish Bertuzzi alot more severely than they did.
posted by fenriq at 07:08 PM on October 13, 2005
He shouyld be arested and pounded up the ass by every inmate
posted by tupacalypse at 08:57 PM on October 13, 2005
This really has nothing to do with the NHL, but with our form of government. If the situation were reversed, would our Gov. be there for Moore? I was akay though to put our Soldies on trial for killing Canadians in a friendly fire incident during war. Where are the Canadians now? What if an American did this in a hockey game in Canada? At worst this guy needs to find another job away from the Sport "He loves".
posted by volfire at 12:09 PM on October 14, 2005
Cry. It's hockey. Get tough. You think this is worse than Brasher? He used his stick as a weapon. Get over it.
posted by tampafan at 12:50 PM on October 14, 2005
You mean Marty McSorley...unless you are contending that Brashear knocked himself out with his stick because he was really tough. I missed that one if it happened.
posted by chris2sy at 02:53 PM on October 14, 2005
grrrr nothing gets me more mad then the bertuzzi-moore thing. I think todd should have been tossed from the nhl for that bull shite. that was by far the dirtiest hit i have ever seen. bertuzzi should be sodimized by a 2x4 covered in nails.