UofL students ask judge to dismiss lawsuit filed by author and p - WDRB 41 Louisville News

UofL students ask judge to dismiss lawsuit filed by author and publisher of Katina Powell's book

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Photo from "Breaking Cardinal Rules: Basketball and the Escort Queen," from Indianapolis Business Journal Book Publishing. Photo from "Breaking Cardinal Rules: Basketball and the Escort Queen," from Indianapolis Business Journal Book Publishing.

LOUISVILLE, Ky., (WDRB) – Several University of Louisville students and their attorney have asked a judge to dismiss a lawsuit filed against them by the author and publisher of Katina Powell’s book, "Breaking Cardinal Rules."

The lawsuit filed last month by IBJ Book Publishing and author Dick Cady claims the students and their attorney, Nader George Shunnarah, were trying to "extort" money and "gain notoriety" through a suit they knew should have never been filed.

In May, a Jefferson Circuit Court judge dismissed a lawsuit filed in 2015 on behalf of student Kyle Hornback, among others, ruling they had no standing to file a lawsuit alleging the Powell scandal had damaged the value of a degree from the school.

Judge Mitch Perry ruled that allowing their case to go forward would open up a chain of liability that could set a bad precedent.

IBJ and Cady filed a counterclaim last month, arguing the students did not have probable cause to file the suit and "did not reasonably believe the facts they alleged."

But Shunnarah argues in a June 30 motion that IBJ and Cady "engaged in conduct that allows Katina Powell to profit from, advance, and promote prostitution" at the expense of the reputation of UofL students.

"To claim that the students acted with ill will is the pot calling the kettle black," Shunnarah argued. “The First Amendment does not authorize one to commit a crime and then profit from selling a book.”

Shunnarah will ask Judge Perry to dismiss the case at a hearing on Aug. 1.

Shunnarah said Powell repeatedly told media outlets that she engaged in prostitution and profited from “targeting students and recruits of University of Louisville.

"She also admitted that she knew it would have an adverse impact upon the students but that she was out to make money."

If the suit had gone forward, Shunnarah said the students had planned to call two expert witnesses, including a business evaluation expert "who will place loss of value" upon a degree from UofL after the scandal.

The other expert was a psychologist who "was expected to testify that the students have experienced and suffered depression, anxiety, stress and ridicule," Shunnarah wrote. "Their hard work and money have been spent for a University of Louisville education which is now tainted."

When wearing UofL logos and other attire, Shunnarah wrote, students are sometimes approached by strangers in public who make "rude and hateful remarks." For example, Shunnarah said people call UofL a "slut school" and even some family members of the students no longer support the university, according to the motion.

"There are even those who now boycott the school and its activities," Shunnarah wrote.

Hornback had claimed that Powell’s "malicious, willful, wanton, and outrageous" actions have limited her ability to find a job after graduation and pay back student loans.

The suit was seeking class action status on behalf of the student body at UofL and other students names had been added as plaintiffs.

A lawsuit filed by six women who claim they were defamed by being depicted in the book wearing lingerie and dancing at parties in Minardi Hall was allowed by Perry to continue.

Powell alleges that former UofL staffer and player Andre McGee asked her to arrange for women to satisfy players and recruits.

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