The Denver Post
Deal likely in civil suit, observers say
Friday, September 03, 2004 -
It isn't a question of if, but when - and for how much.
Lawyers experienced in the art of the deal said they do not believe the civil lawsuit against Kobe Bryant will go to trial. Instead, it will probably be settled, the observers said. "Both of these parties could get significantly roughed up in civil litigation," said Jonathan Turley, a law professor at George Washington University in Washington, D.C. "Neither can be entirely certain of the outcome. "So I would be surprised if there wasn't very serious settlement negotiation. At this point, the question is going to be the size of the settlement." When there is a celebrity involved, there are other issues to be agreed upon besides money, said Turley, who has studied and written about celebrity trials. Nondisclosure agreements are common in legal settlements. But agreements involving celebrities almost always also include nonpublicity agreements, Turley said. These special arrangements can bar book and movie deals, as well as television appearances. "The penalty for violating those types of provisions is quite steep," Turley said. "For Kobe Bryant, as a professional athlete, he needs to be able to guarantee that his future earnings will not be undermined by public statements from the alleged victim." The settlement of more pedestrian lawsuits include nondisclosure agreements to protect the reputations of defendants who have settled, said Paul Cooper, a Denver lawyer who specializes in defending doctors and lawyers sued by their patients and clients. "That's just a standard clause of every stipulation to dismiss as a result of settlement," he said. Damages for pain and suffering and other noneconomic losses in Colorado civil cases generally cannot exceed $733,000, according to legal experts. However, economic loss and physical impairment or disfigurement damages do not have a cap. Bryant's likely desire to see the matter closed could motivate him to pay the woman a significant amount of money, said Timothy Rastello, a Denver lawyer who has done both plaintiff and defense work. "If I were his attorney, I would even consider paying a premium, to avoid a two-year civil trial," he said. But it's a tossup as to who would have more leverage in settlement negotiations in this case, the lawyers said. Bryant's lawyers may actually be negotiating from a position of strength, Turley said. "They have just come off the dismissal of a criminal charge," he said. "I think Kobe Bryant's attorneys are in a position to play hardball and to push for a limited financial settlement." But all three lawyers agreed that a settlement is likely. "I'll bet you dollars to doughnuts it settles by the end of the year," Rastello said. Staff writer Jim Hughes can be reached at 303-820-1244 or jhughes@denverpost.com .
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