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MSU files motion to dismiss Wave Two suits

Posted at 4:12 PM, Aug 27, 2019
and last updated 2019-08-27 16:12:55-04

LANSING, Mich. — Michigan State University feels it can not be held liable for Larry Nassar's actions at least in the lawsuits filed by the second wave of survivors.

MSU filed a motion to dismiss those suits in federal court on Monday.

The university is making several arguments in an attempt to convince Federal Judge Gordon Quist to throw out 37 lawsuits filed by more than 100 "Wave Two" survivors.

MSU claims it couldn't have known Larry Nassar was abusing patients and isn't responsible for his conduct.

That's despite the acting president formally apologizing on behalf of the university on February 15th.

The "Wave Two" survivors have long felt that Michigan State was low-balling them in settlement talks and not giving them the same attention it gave the first group.

They spoke to the Board of Trustees in February and again in April.

One survivor explaining why she didn't come forward during the initial negotiations said, "The guilt and shame were unbearable. My PTSD was so severe that at first I thought I had a brain disease. I was unable to be a part of the first group to come forward, I was in too much pain and I did not want to hurt my loved ones."

Here's where things stand:
- Michigan state settled the first round of lawsuits for $500-million. Most of it went to 333 survivors.

- $75-million was set aside for any future claims.

- As many as 168 more survivors came forward after that settlement went into effect.

And Michigan State says it's still negotiating with "Wave Two" survivors who haven't settled.

A spokeswoman says MSU still wants to settle with the plaintiffs.

She says the motion to dismiss was filed to protect the university's potential legal defenses if there is a trial.

We will let you know when the judge rules on the motion.

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