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Winston Countersues His Accuser, Erica Kinsman
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Marge Schott Offline
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Post: #1
Winston Countersues His Accuser, Erica Kinsman
Quote:Winston is countersuing Kinsman for defamation, defamation per se and tortious interference with prospective business advantage.

In the countersuit against Kinsman, who is a former FSU student, Winston claims that she has knowingly perpetuated a lie about him, slandered him in the press and damaged his reputation to the point where it has cost him substantially in terms of potential future earnings.

http://www.tomahawknation.com/2015/5/8/8...ca-kinsman

Kinsman won't fare well if she has to testify. She inadvertently disproved several of her own arguments during the Code of Conduct hearing when direct and cross examined.
(This post was last modified: 05-08-2015 11:56 PM by Marge Schott.)
05-08-2015 11:43 PM
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Ragu Offline
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Winston Countersues His Accuser, Erica Kinsman
Love it. Hope they demolish her character so all the blind people can see it in clear view
05-09-2015 07:25 AM
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TerryD Offline
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RE: Winston Countersues His Accuser, Erica Kinsman
I don't see the loss of future earnings capacity claim as having any legs.

It is not like he went undrafted or fell far in the draft.

Otherwise, as a public figure, he may be able to prove the actual malice he needs to prevail on the issue of liability.

It is a tough burden for a public figure. It will be an interesting lawsuit.
05-09-2015 09:01 AM
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Marge Schott Offline
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RE: Winston Countersues His Accuser, Erica Kinsman
They're referring to endorsement deals.
05-09-2015 02:43 PM
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TerryD Offline
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RE: Winston Countersues His Accuser, Erica Kinsman
(05-09-2015 02:43 PM)Marge Schott Wrote:  They're referring to endorsement deals.

Very speculative unless you have deals that were agreed to and then voided because of a morals clause.

I think that this is your normal counterclaim meant to encourage a settlement.
05-09-2015 02:55 PM
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Marge Schott Offline
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RE: Winston Countersues His Accuser, Erica Kinsman
Of course it's all just tactics. But I'm not sure either party is willing to settle in the short-term. Winston just isn't going to pay a proven liar a substantial sum of money to keep quiet. And the liar's attorneys have invested too many hours into the case to settle for pennies.

If the case is moved to the North Florida District (from the Central Florida District) and combined with the civil suit against FSU, as Winston's lawyers requested, I don't see that helping her case.
05-09-2015 05:17 PM
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Dr. Isaly von Yinzer Offline
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Post: #7
RE: Winston Countersues His Accuser, Erica Kinsman
Who are we kidding? This lawsuit is meant to intimidate this young lady and make her pay for publicly shaming a young man who very clearly is a poor decision maker.

He has millions and millions of dollars at his disposal that he can use to destroy this girl. Essentially, it looks to me like he is going in for one more raping.

He had been better be very careful here because the PR impact could be devastating.
05-10-2015 08:45 AM
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TerryD Offline
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RE: Winston Countersues His Accuser, Erica Kinsman
(05-09-2015 05:17 PM)Marge Schott Wrote:  Of course it's all just tactics. But I'm not sure either party is willing to settle in the short-term. Winston just isn't going to pay a proven liar a substantial sum of money to keep quiet. And the liar's attorneys have invested too many hours into the case to settle for pennies.

If the case is moved to the North Florida District (from the Central Florida District) and combined with the civil suit against FSU, as Winston's lawyers requested, I don't see that helping her case.

I am not commenting on whether Winston actually raped this girl or whether she lied about the whole thing.

This is just normal "lawsuit stuff". I predict a quiet settlement with a confidentiality agreement.
05-10-2015 09:17 AM
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Marge Schott Offline
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RE: Winston Countersues His Accuser, Erica Kinsman
As I said, I don't anticipate a settlement in the short-term.
05-10-2015 09:56 AM
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Ragu Offline
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Winston Countersues His Accuser, Erica Kinsman
(05-10-2015 08:45 AM)Dr. Isaly von Yinzer Wrote:  Who are we kidding? This lawsuit is meant to intimidate this young lady and make her pay for publicly shaming a young man who very clearly is a poor decision maker.

He has millions and millions of dollars at his disposal that he can use to destroy this girl. Essentially, it looks to me like he is going in for one more raping.

He had been better be very careful here because the PR impact could be devastating.

And had he settled idiots like you would say he was just paying her off for the crime

He can't win with the guilty when accused crowd that ignores all the evidence out there that she is a liar

I would fight a girl too if she falsely accused me of rape
05-10-2015 10:31 AM
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Marge Schott Offline
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RE: Winston Countersues His Accuser, Erica Kinsman
It's funny. Kinsman's original attorney attempted to extort Winston for $7M and requested insurance to be purchased for Winston to protect her client’s interests in the event he was injured. She also said, "by the way if we settle you will never hear from my client or me again, in the press or anywhere."

So people can demand an exorbitant sum of money from him because of his stature as a future NFLer. That's apparenty acceptable to some. But when he uses that same wealth to defend himself, it makes him a bad person trying to "destroy a girl". Let us ignore that this "girl" is clearly determined to destroy him, through her own actions and words and those of her lawyers.

But, whatever makes our resident cryin' a** Pitt baby happy.
05-10-2015 11:23 AM
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nole Offline
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Post: #12
RE: Winston Countersues His Accuser, Erica Kinsman
(05-10-2015 08:45 AM)Dr. Isaly von Yinzer Wrote:  Who are we kidding? This lawsuit is meant to intimidate this young lady and make her pay for publicly shaming a young man who very clearly is a poor decision maker.

He has millions and millions of dollars at his disposal that he can use to destroy this girl. Essentially, it looks to me like he is going in for one more raping.

He had been better be very careful here because the PR impact could be devastating.


You been living in a cave the last 2 years......she already destroyed the guys rep.


Nobody learned a THING from the Duke Lacrosse rape case or the UVA Frat/Rolling Stone case.

Just go off and assume.

Crazy world we live in. Folks actually feel ethically superior with carrying a pitch fork and torch without actually knowing anything.
05-10-2015 12:33 PM
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Indytarheel Offline
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Post: #13
RE: Winston Countersues His Accuser, Erica Kinsman
I applaud the young man for this course of action and I hope they destroy her. Just like she was trying to destroy him. There are zero retractions, no talking heads at ESPN or any other sports channel even talking about this side of the story. There is a blurb or two and they don't go any where near the effort to match their efforts to report the bad ish. The news is lazy just like a lot of people. They rarely verify their stories and they always shoot for getting the scope and hits needed to keep their fish wraps, mags and websites up and running.
05-10-2015 07:40 PM
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Lucy Offline
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Post: #14
RE: Winston Countersues His Accuser, Erica Kinsman
I predict that Winston's off-field actions will have him back in the headlines (and the police blotter) within a year...and have the Bucs wondering if they should have used the #1 pick on someone else.
05-11-2015 08:44 AM
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Indytarheel Offline
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RE: Winston Countersues His Accuser, Erica Kinsman
(05-11-2015 08:44 AM)Lucy Wrote:  I predict that Winston's off-field actions will have him back in the headlines (and the police blotter) within a year...and have the Bucs wondering if they should have used the #1 pick on someone else.

What off the field actions? The man was hooked up with some crab legs; there are plenty of individuals who got some free stuff once and awhile. Now, definitely needs to be careful with whom he decides to smash. This incident should teach him about traps and gold diggers for sure. All the rest of your post is pure garbage.
05-11-2015 09:11 AM
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TexanMark Offline
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RE: Winston Countersues His Accuser, Erica Kinsman
(05-10-2015 10:31 AM)Ragu Wrote:  
(05-10-2015 08:45 AM)Dr. Isaly von Yinzer Wrote:  Who are we kidding? This lawsuit is meant to intimidate this young lady and make her pay for publicly shaming a young man who very clearly is a poor decision maker.

He has millions and millions of dollars at his disposal that he can use to destroy this girl. Essentially, it looks to me like he is going in for one more raping.

He had been better be very careful here because the PR impact could be devastating.

And had he settled idiots like you would say he was just paying her off for the crime

He can't win with the guilty when accused crowd that ignores all the evidence out there that she is a liar

I would fight a girl too if she falsely accused me of rape

But did she? Public opinion leans to her side outside of Warchant/Tally.

Moving to Tampa Bay I'll get to watch this more closely...I haven't decided what is more funny...Nole fans crying over Winston or crying over Swofford.

I predict Winston will F up again...
(This post was last modified: 05-11-2015 09:56 AM by TexanMark.)
05-11-2015 09:52 AM
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Indytarheel Offline
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RE: Winston Countersues His Accuser, Erica Kinsman
Well, there you have it; guilty until proven innocent. What part of investigation by a former FL Supreme Court judge did you not believe? The eyewitness testimony? The two DNA signatures left in her panties (one by her boyfriend)? Her conflicting and changing testimony; she contradicts herself over and over? The tox screen that doesn't identify any foreign substance? What more is needed? People can not be this dense.
05-11-2015 10:14 AM
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Ragu Offline
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RE: Winston Countersues His Accuser, Erica Kinsman
(05-11-2015 09:52 AM)TexanMark Wrote:  
(05-10-2015 10:31 AM)Ragu Wrote:  
(05-10-2015 08:45 AM)Dr. Isaly von Yinzer Wrote:  Who are we kidding? This lawsuit is meant to intimidate this young lady and make her pay for publicly shaming a young man who very clearly is a poor decision maker.

He has millions and millions of dollars at his disposal that he can use to destroy this girl. Essentially, it looks to me like he is going in for one more raping.

He had been better be very careful here because the PR impact could be devastating.

And had he settled idiots like you would say he was just paying her off for the crime

He can't win with the guilty when accused crowd that ignores all the evidence out there that she is a liar

I would fight a girl too if she falsely accused me of rape

But did she? Public opinion leans to her side outside of Warchant/Tally.

Moving to Tampa Bay I'll get to watch this more closely...I haven't decided what is more funny...Nole fans crying over Winston or crying over Swofford.

I predict Winston will F up again...

Public opinion for those that are informed actually leans towards Winston. All the proof and rulings have been in his favor.

The uninformed who just assume guilt when someone is accused and rely on hearsay/biased articles lean towards her.
05-11-2015 10:14 AM
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ken d Offline
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RE: Winston Countersues His Accuser, Erica Kinsman
(05-11-2015 10:14 AM)Indytarheel Wrote:  Well, there you have it; guilty until proven innocent. What part of investigation by a former FL Supreme Court judge did you not believe? The eyewitness testimony? The two DNA signatures left in her panties (one by her boyfriend)? Her conflicting and changing testimony; she contradicts herself over and over? The tox screen that doesn't identify any foreign substance? What more is needed? People can not be this dense.


Sure they can.
05-11-2015 01:14 PM
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Lucy Offline
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RE: Winston Countersues His Accuser, Erica Kinsman
All I'm saying is that the guy has a habit/history of making bad choices & ending up in the news. I don't see that changing just because he is no longer at FSU.
05-11-2015 03:31 PM
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