Sunday, January 5, 2014

"Moore v. Hoff" Legal Precedent Mentioned In Connection With Controversy Over Former Vikings Punter Kris Kluwe, Allegedly Fired From The Minnesota Vikings Over Gay Marriage Controversy...

Photo, blog post by John Hoff

Readers and people who know me realize I don't follow professional sports at all; the only time sports register on my radar would be in connection to something important; taxes to build a new stadium, or an interesting controversy involving yet another sports figure involved in dog fighting, violent crime, or illegal drugs. Yes, I am capable of pontificating at length about the nuances of power shifts in North Korea or war in South Sudan, but I don't know year-to-year who is in the Super Bowl or in which month it is played.

So I was quite surprised to learn my name had come up in connection with a hot new controversy over former Vikings punter Kris Kluwe, allegedly fired for his outspoken public position on gay marriage. Click here to Read Kluwe's first person account, which is the source of all the controversy. 

Kluwe's narrative is replicated on a local blog called Developers Are Crabgrass, one of the smartest and most intellectually elevated blogs around. The "DAC" blog discusses (way down at the bottom, below Kluwe's remarks) how the Moore v. Hoff case is highly relevant to any litigation which could spin out of this situation. It would appear Kluwe is vowing, in a very public way, to have an impact on his former employer's future employment prospects by airing suspicions that he (Kluwe) was fired for his public remarks on gay marriage.

The "DAC" blog closely followed my Blogosphere Trial of The Century in detail; that would be the trial I was subjected to when...

...disgraced former JACC Executive Director Jerry Moore, pictured above, sued my blog for TELLING THE TRUTH about his involvement in a mortgage fraud and (supposedly) getting him fired from the University of Minnesota for revealing those embarrassing facts.

After a strange legal bounce in the lower court, where a jury found that I had told the ugly insensitive truth about Moore (oh, yes!!!!!) but I was liable, anyway, for getting him fired, I won unanimously at the Minnesota State Court of Appeals thanks to my attorney, Paul Godfread plus other attorneys and organizations who assisted Godfread. I was serving in Afghanistan when the case was being argued on appeal.

The case of Moore v. Hoff is now precedent in Minnesota and, indeed, is unique enough and useful enough to be cited outside of Minnesota as, well, how would I describe it?


The case is INSTRUCTIVE outside of Minnesota, because how often does somebody (ANYWHERE!!!!) get sued for defamation, win on the defamation case, but still have to deal with a tortious interference with employment claim? Moore v. Hoff will be one of my lasting contributions to human civilization.

Now blogger Eric Zaetsch is suggesting that Moore v. Hoff could be important in any litigation Kris Kluwe might potentially face. It would appear Kluwe is vowing to have an impact on his former employers and their future job prospects through his highly public narrative, which he has carefully worded as his OPINION, though many factual assertions are woven into the telling.

Looking at the controversy from where I stand, I can only think...

How cool that I'm allowed, for a moment, to hang out with these jocks. Hope they don't find out I'm a nerd and pummel me. 


eric zaetsch said...

Thanks, John. You left out the link:
Moore v Hoff.

Don Allen fans can read it too. It mentions Don settling and testifying as a Moore-Clark witness. Nice guy.

Johnny Northside! said...

I added the link you suggested to Moore v. Hoff and fixed the "pus versus plus" typo. Thanks for catching that.

In regard to Don Allen, he has staked out his role forever in case law history as the money-loving, backstabbing Judas in this little passion play.