Some of you know that MYSA, David Ericson (MYSA VP of Administration) and Ellie Singer (former MYSA President) filed a defamation lawsuit late last year against six defendants: Eric Hawkins, Kathleen Hallaway, Annette Durst, Gwen Myers, Gerald Jones and Stephen Bianchi.
MYSA ’s objectives in filing the lawsuit were to stop the sending of defamatory emails, and to find the people responsible and hold them accountable so that the emails would not continue and/or start up again. I believe we were successful with respect to both objectives for two main reasons: 1) We had the truth on our side; and 2) The knowledge and expertise of our attorneys and their law firm. Listed below are the results:
MYSA Defamation Lawsuit Summary
| Defendant |
Outcome |
Documents  |
| Kathleen Hallaway |
A unanimous jury awarded Plaintiffs $425,000 for their defamation claims, $75,000 for their intentional infliction of emotional distress claims, and $50,000 in punitive damages – November 2006 |
Special Verdict Form |
| Eric Hawkins |
Plaintiffs settled their claims against Hawkins for $220,000 – October 2006 |
Offer of Judgment and Notice of Acceptance |
| Annette Durst |
Plaintiffs settled their claims against Durst for $10,000
– October 2006
|
General Release |
| Gwen Myers |
Plaintiffs settled their claims against Myers for $1,500
plus a letter of apology – June 2006
|
Settlement Memorandum |
| Gerald Jones |
Plaintiffs settled their claims against Jones for $1,500
plus a letter of apology – June 2006
|
Settlement Memorandum |
| Stephen Bianchi |
Plaintiffs released Bianchi – May 2006 |
|
This has been a long and difficult process, but we are extremely pleased with the result. As stated at the AGM last month, this lawsuit was not filed against a club, but rather six individuals based on actions those individuals took outside of their role as a volunteer. Last fall, the MYSA board voted unanimously to take this action as repeated attempts to resolve the matter failed, and, in fact, the defaming behavior continued. The defamatory emails were being sent out about past and present board members, as well as others. In addition, the emails were being sent with more frequency, and to larger and larger distribution lists.
Listed below are some additional documents:
We have recouped our legal costs and at no time during this lawsuit did MYSA programs or services suffer as a result of this action. MYSA remains committed to promoting the game of soccer for all youth in Minnesota in a fun, safe environment. In fact, it is precisely because of this commitment that MYSA pursued the lawsuit. MYSA believes it is essential to not only protect the youth, but also the adults, who are involved in soccer in Minnesota.
MYSA would like to thank all of its members for their patience and support over this past year.
Candace C. Daley
MYSA Executive Director
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