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Durham County Story



Duke Lacrosse Back In Courts

Credit: AP Online

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RALEIGH, N.C. -

A war of words between former Duke Lacrosse Coach Mike Pressler and Duke University played out before the North Carolina Court of Appeals today.

"He feels like he was severely wronged, he was made the scapegoat and he wants to have his day in court," said Don Strickland, Mike Pressler's attorney.

Attorneys for the university argued before the three-member panel that all of this needs to be litigated before an arbitrator rather than a judge, as was stated in Pressler's employment contract.

"It's a question of law for the court whether he's still bound by the arbitration agreement that applies to Duke employees," said John Simpson, an attorney for Duke and former Duke spokesman John Burness.

Pressler's attorneys said that when both sides reached an agreement following Pressler's firing, wording in the settlement makes it clear that terms in his employment contract binding him to arbitration are null and void.

"I submit 'alll' means what it means. It means all, it means everything. Pressler and Duke wish to cancel all earlier agreements, all earlier agreements," said Strickland.

When Judge Rick Elmore asked why specific language concerning arbitration wasn't included, Simpson's answer was, "when it comes to an arbitration agreement, the legal presumption is that that agreement survives. That agreement survives even though you have such broad language."

Now's it's up to the three judges to rule.

A decision from the panel is expected in 90 days.


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