Tag: frivolous lawsuit


How much could the “victim” of Rick Rypien’s “assault” get in court? How about $30,000


I know we’ve all gotten a pretty good laugh about how the “victim” in the case of Rick Rypien vs. the Wild, James Engquist, has talked about how he was pondering a law suit against Rick Rypien for reaching into the stands to grab him. It seems silly that a guy who was already sitting behind the team’s bench would look to grab a little extra cash for what amounted to him getting his shirt mussed up, but Tony Gallagher of The Vancouver Province has taken a look into things, legally-speaking, and figured out that Engquist could end up making a hearty profit out of all this.

All Engquist has to do is to threaten to file the suit which means the Rypien side (read Canucks here) would then have to file some sort of defence.

Mounting said defence to prevent this thing from getting out of hand would cost upwards of $50,000 to $80.000 by most accounts today in the U.S., and if this is to be paid for by the Canucks insurance, their premium rates would then go up correspondingly.

By filing or threatening to file Engquist then encourages the Rypien side of the equation to offer to settle to avoid having to mount the expensive defence and the guy walks off with some twenty to thirty grand. Not a bad payoff just for being a jerk in the right (sic) place at the right time.

The fact that the U.S. court system, and indeed the court systems of many other countries, permits this is deplorable. It is injustice by virtue of the threat of justice—or more accurately the threat of the ponderous and ludicrously expensive justice system.

Yes, it is crazy that Engquist could end up cashing in just by filing the appropriate paperwork and presenting litigation. And you wonder why tort reform is always being yelled about in the United States? We’re not about to go debating whether or not the cost of hiring a good lawyer is what helps make this whole thing possible (it certainly doesn’t help matters) but the mere possibility that Engquist could just cash in virtually automatically is insane.

We’re sure there isn’t a shortage of lawyers (both reputable and not) eager to assist him in his potential case against Rick Rypien and the Canucks but it basically falls back on Engquist’s shoulders on whether or not he wants to be seen as just a guy that whined after getting grabbed or if he wants to be a complete jerk that’s testing the limits of the American legal system. Again, he does have a case here but let’s get real here. He wasn’t injured, he was probably startled, and he got a seat upgrade after it all went down. Engquist should do something that Rick Rypien didn’t do: Show restraint.


Fan attacked by Rypien not happy with suspension, gets call from Gary Bettman


While we’ve heard from just about everyone concerning the six-game suspension handed out to Canucks forward Rick Rypien, the person we’ve yet to hear from about it is the fan he went after. 28 year-old James Engquist is his name, and while you may not have heard from him already, he’s been talking about potentially pressing legal action in the matter against Rick Rypien.

As frivolous as you might find that to be, he’s speaking out again today in the wake of the action taken against Rypien and he’s not exactly pleased with the league’s decision as Michael Russo of the Star Tribune finds out.

“In a real-world situation, at my job, at your job as a columnist, if you were do what that person did in your job place, I think minimally what would happen – minimally – you would be fired from your newspaper, your beat writing job. And this is Mr. Rypien’s career, this is his job, he’s being paid to represent the NHL, and they feel to take a two-week break off without pay and come back to work is satisfactory. But as far as the real world goes, that person would be held accountable as far as the law and just as a company in general, that person would probably be fired.”

That’s right, Engquist would like Rick Rypien to be fired. Are we sure there’s no one in public relations in Minneapolis or St. Paul that would like to do some pro bono work, because if anyone needs it right now it’s James Engquist. At least Engquist is getting some of his concerns addressed now.

When he complained that he hadn’t heard anything from the Wild or the NHL or the Canucks about what happened the other night, he’s heard from someone now. NHL commissioner Gary Bettman reached out to him personally to try and calm the waters that divide them.

“He said, ‘Sorry about the events, and players should never ever put their hands on a fan.’ He said he’d like to offer me tickets to a game and dinner, and I thought that was very nice of him. I mean, what do you say at that point. You’re talking to the Commissioner of the NHL. I thought it was really respectful for him to give me a call. He’s a very classy man.”

Game and dinner with the commissioner, all jokes aside here, is a pretty sweet deal. Not everyone gets to meet with the head of the league and take in a game with the guy. As for the jokes, you have to wonder who’s getting punished more severely here, Rypien or Engquist. Come on, we can’t resist a cheap dig.

As for how his life has been since coming out against Rypien and for becoming a shining example for tort reform in legal circles, Engquist says that harassment from people not wearing an NHL uniform is at an all-time high.

“I’m getting phone calls from Canadian radio stations, even at work,” he said. “Basically even going out in public. I’ve gotten a lot of hate emails. I’m definitely saving all of them for records purposes.”

He has to understand that the amount of attention he’s getting from this is partially his own doing. He didn’t need to talk to anyone about what happened and he certainly didn’t need to make his possible intentions of taking people to court public either. Wagging his finger at his harassers now will only continue to make life difficult for him. We’re not pro-harassment here because, let’s face it, he was brought into the public eye forcibly, but we might suggest a public relations class for Mr. Engquist once it’s all said and done.