Heppell suing Essendon

[Ancient Tiger]

Big call… but this may be my favourite HTB cage thread ever.

It has a nice mix of genuinely funny jokes… along with several enlightening discoveries of the kind you make every time you enter the HTB.

Such as supposed experts who didn’t even know that professional liability insurance existed – that insurance that basically every business on the planet has.

Rolled gold in here.

Professional liability does not cover everything and usually the insurer looks for anything that will mean it won't have to pay.
As I've postulated, Dyson did not check himself what he was taking so he is ultimately responsible for his doping ban, not his club. Now if he did check and he received something he did not consent to, he should be filing assault charges to his employer, Essendon. He was injected with substances that have been deemed to be experimental and not for human use as stated by GL Biochem. That is assault and should be followed by criminal charges.
So it is either he didn't check and it is his fault that he has had his reputation destroyed or he did and he was assaulted. There really isn't much in between.

 

[Laphroaig]

Prepare to be surprised.

By him leaving the Club or by every other player deciding that they have not been damaged and shouldn't take legal action?

 

[JP2]

I would imagine it might make a difference depending on whether or not the cases get to court. If essendon rolls over and says, "okay lads, here's a million dollars, we're sorry", then surely the insurance company would take a stronger line than if essendon are forced to make the same payouts as a consequence of legal action. Otherwise what'd be stopping me, as a business owner, paying out $10 million to my employees every time they slip on the floor and absorbing the premiums between us?

In other news, the age reporting that Watson could sue for up to $5 million:

http://www.theage.com.au/afl/afl-ne...ppell-return-to-essendon-20160415-go71qu.html

 

[peppy la pew]

Is it an automatic renewal or do we have to reapply each year? I hope they have a scarf in the pack. My tiger's scarf looks like it may be packed away early this year...

Wanna swap for a purple one

 

[romeohwho]

I can't see why he can't sue and still remain at the club. Its a business and livelihood decision, doesn't detract from his love of the club.

 

[Ancient Tiger]

I can't see why he can't sue and still remain at the club. Its a business and livelihood decision, doesn't detract from his love of the club.

He obviously can.

 

[pazza]

I can't see why he can't sue and still remain at the club. Its a business and livelihood decision, doesn't detract from his love of the club.

Indeed.

His public statements to date have shown that not only does he want to stay, that he wants to be a part of Essendon's future.

This includes being the leader of the young lads.

What the legal action does mean is that what Essendon and it's insurer have been planning on happening is about to and the funds are there already to cover the bill. Chances are it won't take too long for this to be completed.

 

[Satan]

Wanna swap for a purple one

Hope the car stickers dont fade

 

[Falcon27]

Why can't this insurance company just refuse to pay them anything out of this, and let Essendon foot the bill?

Haha....too funny!

Insurer: Hello
Thrawn: Hi, had a car accident and need to claim
Insurer: Is that you Thrawn?
Thrawn: yes
Insurer: Sorry not paying claims today!
Thrawn: But I paid for the policy and it covers accidents doesn't it?
Insurer: Yes and yes, but we are are not paying claims today.
Thrawn: okay fair enough, bye.

 

[less than zero]

Is it an automatic renewal or do we have to reapply each year? I hope they have a scarf in the pack. My tiger's scarf looks like it may be packed away early this year...

There's an automatic renewal if you spend 20 minutes a day on the HTB and you have a choice of popcorn or dumplings.

 

[Ancient Tiger]

There's an automatic renewal if you spend 20 minutes a day on the HTB and you have a choice of popcorn or dumplings.

Dumplings sounds great!

 

[Gavin Excell]

Indeed.

His public statements to date have shown that not only does he want to stay, that he wants to be a part of Essendon's future.

This includes being the leader of the young lads.

What the legal action does mean is that what Essendon and it's insurer have been planning on happening is about to and the funds are there already to cover the bill. Chances are it won't take too long for this to be completed.

It sounds like the Dons are well equipped to deal with this

 

[Muggs]

Professional liability does not cover everything and usually the insurer looks for anything that will mean it won't have to pay.
As I've postulated, Dyson did not check himself what he was taking so he is ultimately responsible for his doping ban, not his club. Now if he did check and he received something he did not consent to, he should be filing assault charges to his employer, Essendon. He was injected with substances that have been deemed to be experimental and not for human use as stated by GL Biochem. That is assault and should be followed by criminal charges.
So it is either he didn't check and it is his fault that he has had his reputation destroyed or he did and he was assaulted. There really isn't much in between.

Personally can see there be a fair bit in between. While the EFC34 may be responsible under the WADA code this is not necessary the same under O&HS law around providing a safe work place. The players may may have contributed, and be partly responsible I cant see how EFC can get totally off.

 

[DERO]

How can you sue the club and stay?

I think a formal appeal is an appropriate way to seek recompense for lost earnings, pain, suffering, reputation damage etc. It's not like Dys can rock up in his trackies and ask the cruisey knackers for some coin. He needs a lawyer to act on his behalf. No doubt a deal will be thrashed out and I hope that the club is realistic with what it believes to be fair recompense. If not, we might have some problems. I suspect that our lawyers will be informed to give him what he wants.

 

[evo]

Big call… but this may be my favourite HTB cage thread ever.

It has a nice mix of genuinely funny jokes… along with several enlightening discoveries of the kind you make every time you enter the HTB.

Such as supposed experts who didn’t even know that professional liability insurance existed – that insurance that basically every business on the planet has.

Rolled gold in here.

If there's one thing I've learnt from this board, it's that whenever Bunk is sounding cocky it always ends badly for Essendon.

Be very afraid, Bombres.

 

[DERO]

Ever heard of car insurance?

Or workcover insurance. Insures you for other people's stupidity!

 

[peppy la pew]

I hope the 34 send EFC broke and Dank and Hird end up in Jail

There, I said it

I realise EFC wont go broke but fingers crossed on the other point

 

[Ancient Tiger]

Personally can see there be a fair bit in between. While the EFC34 may be responsible under the WADA code this is not necessary the same under O&HS law around providing a safe work place. The players may may have contributed, and be partly responsible I cant see how EFC can get totally off.

However, his loss of reputation stems directly from his ban, not because of OH&S issues.
He has been banned because of what he did and is responsible for.
The EFC has not been charged by WADA. The AFL has not punished the EFC for supplying the banned drug that has caused him to be banned.
No one officially is implicating Essendon for the bans, although we all know they are.

 

[less than zero]

I hope the 34 send EFC broke and Dank and Hird end up in Jail

There, I said it

I realise EFC wont go broke but fingers crossed on the other point

Good, I'm glad you got that off your chest.

 

[coryne]

I think a formal appeal is an appropriate way to seek recompense for lost earnings, pain, suffering, reputation damage etc. It's not like Dys can rock up in his trackies and ask the cruisey knackers for some coin. He needs a lawyer to act on his behalf. No doubt a deal will be thrashed out and I hope that the club is realistic with what it believes to be fair recompense. If not, we might have some problems. I suspect that our lawyers will be informed to give him what he wants.

How can he claim for pain, suffering and reputation damage and then return to the club? How can you claim that your life has been substantialy negatively effected by the club, to the extent that you warrant a 7 figure compensation, but then be happy to walk through the doors again and put yourself back at risk of suffering the same negative effects ???

 

[DERO]

We sure have a battle on our hands to keep these players.

How are we gonna do it when we have to negotiate seven-figure payouts with them… that don’t fall into the salary cap…

Ohhhhhhhh right

Looking forward to the introduction of the Dyson Heppell rule when our lawyers "cave" and give him what he wants and he stays.

 

[DERO]

How can he claim for pain, suffering and reputation damage and then return to the club? How can you claim that your life has been substantialy negatively effected by the club, to the extent that you warrant a 7 figure compensation, but then be happy to walk through the doors again and put yourself back at risk of suffering the same negative effects ???

Quite easily I suspect.

 

[Muggs]

However, his loss of reputation stems directly from his ban, not because of OH&S issues.
He has been banned because of what he did and is responsible for.
The EFC has not been charged by WADA. The AFL has not punished the EFC for supplying the banned drug that has caused him to be banned.
No one officially is implicating Essendon for the bans, although we all know they are.

WADA cant charge EFC, agree about the AFL but haven't they already basically said that the governance charges penalty's took this into account?

Also getting back to your earlier comment why not sue them for assault? Just because cant prove criminal assault does not prevent you from suing for assault with the lower burden (OJ Simpson style). Might not call it assault but go along the lines of we got injected with something that we told otherwise.

 

[pazza]

It sounds like the Dons are well equipped to deal with this

Seems to be the case.

Xavier Campbell on Bomber Radio said it would all be completed by no later than July. So to me there is going to be a lot of mutually accepted outcomes.

 

[coryne]

Quite easily I suspect.

And if he does then you know that his claims were bullshit because if he was trulyhurt to this extent then he wouldn't step foot in the clubs premises again.