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re: A&M suing bama coach.

Posted on 8/16/18 at 12:47 pm to
Posted by momentoftruth87
Member since Oct 2013
71421 posts
Posted on 8/16/18 at 12:47 pm to
quote:

Banks' contract buyout at Texas A&M requires him to pay the remainder of his contract should he leave for another Sec school.


Im surprised with all that money, yall didnt pay him to leave.

Pockets must be getting light these days.
Posted by rockiee
Sugar Land, TX
Member since Jan 2015
28540 posts
Posted on 8/16/18 at 12:48 pm to
quote:

contracts (your word) still means a lot in Texas.


Only in Texas though
Posted by BrerTiger
Valley of the Long Grey Cloud
Member since Sep 2011
21506 posts
Posted on 8/16/18 at 12:59 pm to
quote:

You are among the nation's leaders in NCAA infractions through the years.


But they do it with HONOR, sir.

Posted by Hugh McElroy
Member since Sep 2013
17421 posts
Posted on 8/16/18 at 1:32 pm to
quote:

A&M is likely setting precedence here


1. wrong.

quote:

they won’t net much after the legal fees given he was a TE/ST coach


2. wrong.

quote:

Isn’t this a Chavis2.0?


3. and wrong.

Regarding 1, it's no precedent for an employer to sue an employee for branch of contract when said employee owed the employer $300,000. That's standard. It's odd that Coach Banks won't pay it. It's clear and explicit. There is simply no room for interpretation.

Regarding 2, they won't pay close to 300K on legal fees. This is an easy case.

Regarding 3, Chavis claimed that he did not resign and was thus still a coach the relevant date. Bank is making no such claim.
Posted by CFB Fan83
Member since Jul 2018
48 posts
Posted on 8/16/18 at 1:38 pm to
So are we assuming Jimbo wanted to retain Banks? Lot of loopholes in Texas law if the employer “allowed” Banks to leave.
Posted by Mr Shickadance
Member since Jul 2018
1125 posts
Posted on 8/16/18 at 1:51 pm to
Alabama or the coach should go ahead and pay.

In Texas, a party who successfully enforces the terms of a breached contract is entitled to an additional award of reasonable and necessary attorney’s fees. Failure of a court to award attorney’s fees or failure to instruct a jury to do so is an abuse of discretion.
Posted by Mr Shickadance
Member since Jul 2018
1125 posts
Posted on 8/16/18 at 1:55 pm to
quote:

So are we assuming Jimbo wanted to retain Banks? Lot of loopholes in Texas law if the employer “allowed” Banks to leave.

It sounds like the buyout operates as a liquidated damages clause. So, I disagree.
Posted by Mr Shickadance
Member since Jul 2018
1125 posts
Posted on 8/16/18 at 1:56 pm to
quote:

Regarding 2, they won't pay close to 300K on legal fees. This is an easy case.

Correct. They will pay $0.00 if successful. Bama or that coach will pay the attorney's fees.
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