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Statement from B.Barton (LSU Counsel) re: Chavis contract

Posted on 12/18/15 at 7:50 am
Posted by clamdip
Rocky Mountain High
Member since Sep 2004
17868 posts
Posted on 12/18/15 at 7:50 am
My source is Tiger Rant.
quote:

The ‘alteration’ issue is nothing more than an attempt to divert attention from the real issues. LSU and Mr. Chavis had a valid employment agreement from 2009 until he left the University at the end of 2014. There were multiple amendments to the employment agreement during that time, including the 2012 amendment that Mr. Chavis claims was altered. Importantly, the 2012 contract was ratified in 2013 by a Memorandum of Understanding that extended Mr. Chavis’ contract with LSU by another year, through the end of 2015. 

The change that occurred to the 2012 amendment was an innocent, unintentional and immaterial change. Mr. Chavis’ buyout obligation would exist under either reading of the liquidated damages clause, and the alleged “alteration” provided absolutely no benefit to LSU. Just as Mr. Chavis was entitled to his generous salary and other benefits under that agreement, LSU is entitled to enforce the liquidated damages provision of the agreement. 

The Court vindicated LSU’s position on its motion to compel and ordered Mr. Chavis to produce records that he has previously withheld. LSU looks forward to obtaining those records and moving this matter toward resolution.
Posted by Fats
Member since Nov 2012
3316 posts
Posted on 12/18/15 at 7:51 am to
Who will want to work at LSU going forward knowing that they alter coaches contracts after signing?
Posted by cardboardboxer
Member since Apr 2012
34330 posts
Posted on 12/18/15 at 7:51 am to
quote:

The change that occurred to the 2012 amendment


At least he willing to admit LSU fricked up even if the rest of those words are spin to deflect from that mistake.
Posted by CockInYourEar
Charlotte
Member since Sep 2012
22458 posts
Posted on 12/18/15 at 7:53 am to
So they only did something unethical 'a little bit' and that's ok?
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
48888 posts
Posted on 12/18/15 at 7:54 am to
quote:

The change that occurred to the 2012 amendment was an innocent, unintentional and immaterial change


So blah blah blah Lsu altered the contract but it's no big deal?
Posted by piggilicious
Member since Jan 2011
37295 posts
Posted on 12/18/15 at 7:54 am to
quote:

The change that occurred to the 2012 amendment was an innocent, unintentional and immaterial change.


That sentence is what gets me. How does one unintentionally change a contract after it's been signed?
Posted by AUCE05
Member since Dec 2009
42557 posts
Posted on 12/18/15 at 7:57 am to
He is saying nothing.
Posted by 18handicap
Member since Jul 2014
5303 posts
Posted on 12/18/15 at 8:00 am to
Germans
Posted by spslayto
Member since Feb 2004
19693 posts
Posted on 12/18/15 at 8:01 am to
quote:

That sentence is what gets me. How does one unintentionally change a contract after it's been signed?


What's the change in the contract? What did it say before the change and what did it say after? No one has spelled that out. Could be a huge deal if it is a material change. But no one has addressed that.
Posted by TangipahoaTiger
Member since Nov 2013
1256 posts
Posted on 12/18/15 at 8:01 am to
quote:

quote:
The change that occurred to the 2012 amendment was an innocent, unintentional and immaterial change.


That sentence is what gets me. How does one unintentionally change a contract after it's been signed?



The rare double deflection !
Posted by clamdip
Rocky Mountain High
Member since Sep 2004
17868 posts
Posted on 12/18/15 at 8:06 am to
Most important part of the statement:
quote:

the 2012 contract was ratified in 2013 by a Memorandum of Understanding that extended Mr. Chavis’ contract 
meaning Chavis and his counsel should have been aware of the most current contract.
Posted by Dlab2013
Pineville, Luzianna
Member since Jun 2013
9219 posts
Posted on 12/18/15 at 8:13 am to
quote:

Statement from B.Barton (LSU Counsel) re: Chavis contract
Most important part of the statement:
quote:
the 2012 contract was ratified in 2013 by a Memorandum of Understanding that extended Mr. Chavis’ contract 
meaning Chavis and his counsel should have been aware of the most current contract.




If the change/wording occurred in the 2012 contract, wouldn't it be null and void the moment the 2013 contract was signed? and if Chavis knew of the change at the time, and still cashed his check every week......seems like that would be acceptance. You can't have it both ways. He's claiming the contract was void, yet he accepted $$$ and benefits from said contract.
Posted by elit4ce05
Member since Jun 2011
3743 posts
Posted on 12/18/15 at 8:15 am to
quote:

meaning Chavis and his counsel should have been aware of the most current contract.


Translation: "We sent him a letter."

Sure, you did.
Posted by Fats
Member since Nov 2012
3316 posts
Posted on 12/18/15 at 8:24 am to
LSU has to fire their AD after this fiasco plus all the shite that happened with Miles this season. It would be really easy to negative recruit LSU right now about the future of Les (and the rest of the coaching staff).

Either AD needs to go and the new AD needs to publicly back Lester or Miles needs to go (or both of them).
Posted by GeorgeReymond
Buckhead
Member since Jan 2013
10155 posts
Posted on 12/18/15 at 8:25 am to
Chavis was willing to accept his generous pay under this 'altered' contract. Wasn't he?
Posted by TangipahoaTiger
Member since Nov 2013
1256 posts
Posted on 12/18/15 at 8:31 am to
Those Joe Alleva / LSU athletic dept legal contracts are legendary for their complexity. I'm sure we'll be okay !



Posted by BayouBengals03
lsu14always
Member since Nov 2007
99999 posts
Posted on 12/18/15 at 8:32 am to
quote:

Who will want to work at LSU going forward knowing that they alter coaches contracts after signing?

Posted by TbirdSpur2010
ALAMO CITY
Member since Dec 2010
134026 posts
Posted on 12/18/15 at 8:32 am to
"It was only a little white lie "

/lsulogic
Posted by absolute692
US of A, MFer
Member since Feb 2007
3964 posts
Posted on 12/18/15 at 8:33 am to
quote:

What's the change in the contract? What did it say before the change and what did it say after? No one has spelled that out. Could be a huge deal if it is a material change. But no one has addressed that.


It has been addressed.

Per Chavis' attorney:

quote:

Craft said changes involve wording of the buyout date periods from "between 24 months to 36 months" to "between the first day of the 36th month remaining to the last day of the 24th month remaining." Also changed was language of the dates from "between 11 months and 23 months" to "between the first day of the 23rd month remaining to the last day of the 12th month."


This tells me Chavis' attorneys have very little to win this case.
This post was edited on 12/18/15 at 8:35 am
Posted by bamarep
Member since Nov 2013
51794 posts
Posted on 12/18/15 at 8:46 am to
Unless Chavis signed off (literally) on the "amendments" this is nothing but lawyerspeak trying to cover their arse.
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