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re: Ole Miss trying to prevent the Nutt lawyers in getting all of Freeze's phone records

Posted on 7/29/17 at 12:29 pm to
Posted by tigerinridgeland
Mississippi
Member since Aug 2006
7636 posts
Posted on 7/29/17 at 12:29 pm to
He is not suing either Freeze or Bjork, or any other individual, because it is a breach of contract suit, not a tort suit. Freeze and Bjork are not parties to the contract. His claim, if he were to make one against individual actors, would be in the nature of a defamation action, which likely would be barred by the statute of limitations applicable to defamation claims, which is one year.
This post was edited on 7/29/17 at 12:30 pm
Posted by tigerinridgeland
Mississippi
Member since Aug 2006
7636 posts
Posted on 7/29/17 at 12:45 pm to
The Nutt suit is not a defamation claim; it a breach of contract claim. He doesn't have to prove defamation, just that Ole Miss breached the contractual agreement not to disparage him, to say anything negative that might harm or damage his reputation as a football coach. Truth of any comments is not even the issue here. Ole Miss simply could not comment negatively about Nutt, even if it were true. The breach occurred not because Ole Miss may have lied about him, but that they allegedly said negative things about him that might harm his reputation as a coach, assuming he can prove that Ole Miss did disparage him.
Posted by rebsfan10
Member since Dec 2013
1566 posts
Posted on 7/29/17 at 1:15 pm to
Does anyone think nutt's lawyer wants to do anything else with these besides turn them over to the state guy to try and find proof of hookers? The school said it would take $25,000 so call them on their bluff and offer the $25K. I'm sure plenty of people would donate to raise that money. The school knows it has nothing to do with the case, so make things as difficult on this guy as you can. If the NCAA wants them, had them over in a second. I want all the information out there to know what this "pattern" was, but i also think he's just asking for these phone records for other people so they can keep getting their names in newspaper/online articles.
Posted by Central Pork
Member since Jul 2014
1286 posts
Posted on 7/29/17 at 1:36 pm to
quote:

The Nutt suit is not a defamation claim; it a breach of contract claim. He doesn't have to prove defamation, just that Ole Miss breached the contractual agreement not to disparage him, to say anything negative that might harm or damage his reputation as a football coach. Truth of any comments is not even the issue here. Ole Miss simply could not comment negatively about Nutt, even if it were true. The breach occurred not because Ole Miss may have lied about him, but that they allegedly said negative things about him that might harm his reputation as a coach, assuming he can prove that Ole Miss did disparage him.


That is a fact. And, anything Mars can find to show this will cement their claim. Mars is piling up evidence to win his case with Nutt.

Even if Ole Miss settles, they have opened the door for the entire media to go after their arse.

If they have some bad shite they are trying to hide, it's over.

Posted by yatesdog38
in your head rent free
Member since Sep 2013
12737 posts
Posted on 7/29/17 at 1:44 pm to
yeah but if it were an OM corporate card he was using... Then all OM will have to offer is a 1 million escort points. so the possiblity of more escorts is a feasible that could be seized
Posted by Diamondawg
Mississippi
Member since Oct 2006
32240 posts
Posted on 7/29/17 at 1:45 pm to
quote:

Does anyone think nutt's lawyer wants to do anything else with these besides turn them over to the state guy to try and find proof of hookers? The school said it would take $25,000 so call them on their bluff and offer the $25K. I'm sure plenty of people would donate to raise that money. The school knows it has nothing to do with the case, so make things as difficult on this guy as you can. If the NCAA wants them, had them over in a second. I want all the information out there to know what this "pattern" was, but i also think he's just asking for these phone records for other people so they can keep getting their names in newspaper/online articles.
Someone blamed the whole deal on the "prior staff", in the beginning, remember? Who might that have been? Isn't the job of Nutt's attorney to arrive at who that might have been? Might the phone records leave a trail that might shed light on that? I don't; just a thought.
Posted by tigerinridgeland
Mississippi
Member since Aug 2006
7636 posts
Posted on 7/29/17 at 4:02 pm to
quote:

The school knows it has nothing to do with the case


That is a very large assumption, given press reports that Ole Miss sources were saying that most of the football violations occurred during Nutt's watch. So who were these sources that were providing information that could be understood as a poor reflection on Nutt's management of the program?
Posted by tigerinridgeland
Mississippi
Member since Aug 2006
7636 posts
Posted on 7/29/17 at 4:36 pm to
Instead of allowing or perhaps creating the innuendo that Nutt was possibly responsible for violations, whether personally or by lack or oversight, why didn't the "sources" simply add something to the effect that there was no allegation of wrongdoing or violations by Nutt personally, and that the school did not believe he was responsible in any way for any of the alleged violations? The school certainly had no problem defending Freeze while acknowledging violations on his watch. Why not the same position for Nutt? Had they done so, likely no suit, and Freeze is still the coach, at least for now. Why throw Nutt under the bus, knowing that they had a contract agreement not to put him in a negative light?
Posted by The_Joker
Winter Park, Fl
Member since Jan 2013
16317 posts
Posted on 7/29/17 at 4:40 pm to
quote:

Give him 50k to go away.


It would take at LEAST 50x that
Posted by rebsfan10
Member since Dec 2013
1566 posts
Posted on 7/29/17 at 4:47 pm to
So freeze started blaming nutt's staff prior to being investigated or anything found? This lawyer wants freeze's phone records from the moment he took the job. He's doing that to find the stuff on freeze personally. What is he going to find in phone records from when freeze first took the job that shows him blaming nutt?
Posted by tigerinridgeland
Mississippi
Member since Aug 2006
7636 posts
Posted on 7/29/17 at 4:51 pm to
quote:

What is he going to find in phone records from when freeze first took the job that shows him blaming nutt?

I think that is a fair question, and I certainly do not know the answer. Nevertheless he is entitled to make an FOIA request. He says he has a reason. I am curious as to what it is.

Whatever it is, it will be interesting to how this plays out.
This post was edited on 7/29/17 at 4:52 pm
Posted by Diamondawg
Mississippi
Member since Oct 2006
32240 posts
Posted on 7/29/17 at 5:02 pm to
quote:

So freeze started blaming nutt's staff prior to being investigated or anything found? This lawyer wants freeze's phone records from the moment he took the job. He's doing that to find the stuff on freeze personally. What is he going to find in phone records from when freeze first took the job that shows him blaming nutt?


Hopefully, you are purposefully being obtuse. Why did Merkel leave open a dozen or so John Doe's in his Rebel Rags' suit? Attorneys would rather have too much information rather than too little. Who is to say that Freeze started bad mouthing Nutt when the NOA came out? Freeze had an axe to grind with Nutt being as he begged Nutt to keep him on staff after the Orgeron bunch was fired. You are seeing less than 1% of Mars' strategy in the Nutt vs OM, Foundation, IHL case.
Posted by Central Pork
Member since Jul 2014
1286 posts
Posted on 7/29/17 at 5:05 pm to
quote:

Why throw Nutt under the bus, knowing that they had a contract agreement not to put him in a negative light?


I theorize Ole Miss wasn't worried about the contract agreement, if they even considered it when trying to salvage the 2016 class. They thought, "What is he gonna do? Sue us."

I suspect Nutt knew there was some cheating going on with boosters and he covered his arse when he left. A pretty smart move.
Posted by Diamondawg
Mississippi
Member since Oct 2006
32240 posts
Posted on 7/29/17 at 5:06 pm to
quote:

Instead of allowing or perhaps creating the innuendo that Nutt was possibly responsible for violations, whether personally or by lack or oversight, why didn't the "sources" simply add something to the effect that there was no allegation of wrongdoing or violations by Nutt personally, and that the school did not believe he was responsible in any way for any of the alleged violations? The school certainly had no problem defending Freeze while acknowledging violations on his watch. Why not the same position for Nutt? Had they done so, likely no suit, and Freeze is still the coach, at least for now. Why throw Nutt under the bus, knowing that they had a contract agreement not to put him in a negative light?


The only person there at the Nutt separation was the Chancellor, Dan Jones. As bungled as this whole thing has been, I doubt anyone in the AD even cared to read the separation agreement with Nutt and the school.
Posted by PantherCity
Member since Jul 2017
372 posts
Posted on 7/29/17 at 5:46 pm to
quote:

It's this. A claim of defamation is subject to dismissal if the statements made weee the truth. So Nutt essentially has to prove the NCAAs case, in part, to show that he was not responsible for the infractions, and thus was slandered. Showing a pattern of misconduct by exCHF and ole miss will help prove that even though they have parted ways


They should eat another infraction and release something tied to Nutt. At this point, I would burn Nutt as bad as I could. They're going to swing anyway, so might as well throw Nutt under the bus out of spite.
Posted by PantherCity
Member since Jul 2017
372 posts
Posted on 7/29/17 at 5:50 pm to
quote:

Hookers...


That or drugs, maybe?
Posted by chfdidnothingwrong
Member since Jul 2017
174 posts
Posted on 7/29/17 at 6:06 pm to
Here's the thing, duder. It doesn't really matter the reason Team Nutt is requesting phone records. Ole Miss is a public institution and is obligated by law to produce call records of Freeze's work phone when requested via a FOIA request.

Anyone working for a gov institution should know that work emails and phones aren't private.
Posted by MsState of mind
State of Denial
Member since Aug 2013
2639 posts
Posted on 7/29/17 at 6:11 pm to
I am so tired of folks acting like FOIA is not a thing. We the taxpayers pay for it and it is public record. If it proves them innocent so be it but for F*** sake turn it over. Universities and politicians are pissing me off. They don't need a reason to turn it over just turn it over. FOIA
Posted by tigerinridgeland
Mississippi
Member since Aug 2006
7636 posts
Posted on 7/29/17 at 7:11 pm to
So the administration was completely negligent in handling the situation because no one bothered to look at the contract drafted by counsel for Ole Miss, and who presumably knew what was in the contract, and not one person with knowledge of the the contract, including university counsel, bothered to try to correct the situation once the press reported what "sources" said? Wow. If that is so, there are some heads that need to roll.
Posted by tigerinridgeland
Mississippi
Member since Aug 2006
7636 posts
Posted on 7/29/17 at 7:17 pm to
quote:

They should eat another infraction and release something tied to Nutt. At this point, I would burn Nutt as bad as I could. They're going to swing anyway, so might as well throw Nutt under the bus out of spite.


Really bad advice. They are already looking at a potential bucket load of more bad PR when the thing does go to trial, and although I do think Nutt's ability to prove actual damages is somewhat limited because he would not likely have gotten a coaching job anyway, one never knows with a jury, especially in Hinds County, where it may yet end up. No reason to add more excuses to up the damages by yet more contract breaches, especially since additional breaches would likely be in bad faith.
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