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re: Should Gus accept 2 million a year for the next 20 years
Posted on 10/18/18 at 12:18 pm to Luke
Posted on 10/18/18 at 12:18 pm to Luke
quote:
This is exactly what Texas Tech did to Mike Leach. A decade later, Texas Tech has a shitty program that can't keep head coaches that aren't alumni
Fixed that for you.
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Posted on 10/18/18 at 12:30 pm to GlossuRabban
quote:
There may be other circumstances involved. There are clauses in all those contracts as well.
Clauses? What kind of clauses allows you to decide not to honor the contract outside of moral deficiencies? I would find it difficult to believe there is a clause that says we will pay you the buout unless you don't coach very well. I mean, the whole reason for the contract was because Auburn thought he was a good coach.
In all honesty....what coach do you think would take that job if Auburn does not honor the contract, and tries to get out of it without the buyout?
Posted on 10/18/18 at 12:42 pm to Luke
quote:
Auburn wouldn't argue whether or not they did Gus dirty, they'd argue that Gus doesn't have the right to sue the government.
And you would be hiring high school coaches for the next 20 years. Who would go to Auburn to coach knowing that the contract isn't worth the paper it is written on?
Auburn will either honor the contract, or honor the payout. Auburn might be able to negotiate a smaller amount, but I doubt they go to court to do that.
Posted on 10/18/18 at 12:52 pm to DawgsLife
hence, why Gus would take a major reduction in buy out vs. high legal costs of stringing this out for years.... in addition, Leath will probably be fired for inept decision making relating to this issue as well. Solving 2 major AU problems with relative ease.
This post was edited on 10/18/18 at 1:28 pm
Posted on 10/18/18 at 12:54 pm to DawgsLife
quote:
Your Honor! We offered Coach Malzahn $49 Million dollars with a full buyout, but we changed our mind, so we want you to change the terms we agreed to and offered, so we won't have to give him the money we offered him!"? Is that what they are wanting to do? that will go over really well with a judge.
Sovereign Immunity. Google it
Posted on 10/18/18 at 1:01 pm to Luke
quote:
hence, why Gus would take a major reduction in buy vs. high legal costs of stringing this out for years.... in addition, Leath will probably be fired for inept decision making relating to this issue as well. Solving 2 major AU problems with relative ease.
Yeah but how it will work is the AD is fired this offeason and then the coach is fired the next offseason so the new AD can pick the coach.
The concept that everyone gets fired in a single offseason doesn't line up to reality.
Posted on 10/18/18 at 1:01 pm to CaptainBrannigan
quote:
Sovereign Immunity. Google it
Seems a rather open ended search. Can someone give me the Cliffs on this proposed legal remedy, as relevant to this discussion?
Is it as simple as a claim that governments cannot be sued, even when in violation of a contract they entered into willingly? Seems like a hell of a Pandora's box to me.
Posted on 10/18/18 at 1:02 pm to DyeHardDylan
quote:
He should take whatever he can. Boosters are apparently willing to go to court to adjust his buyout
I'm sure decent coaches would be lining up to take a job that just screwed the previous coach out of an agreed upon buyout. Especially any Jimmy Sexton clients and he rules the SEC...
Posted on 10/18/18 at 1:02 pm to Luke
quote:
n addition, Leath will probably be fired for inept decision making relating to this issue as well.
I hope so.
Posted on 10/18/18 at 1:05 pm to CaptainBrannigan
quote:
Sovereign Immunity. Google it
I did, good luck using that tactic.
Posted on 10/18/18 at 1:08 pm to Luke
quote:
If Auburn claims they fired him with cause, Gus' only recourse would be to sue Auburn in the court system. In Court, Auburn then can claim sovereign immunity.
Auburn wouldn't argue whether or not they did Gus dirty, they'd argue that Gus doesn't have the right to sue the government.
This is exactly what Texas Tech did to Mike Leach. A decade later, Leach is still trying and losing lawsuits to get his money.
Holy shite, this is the dumbest idea I have heard out of you guys. Who the frick would ever sign a contract with Auburn after this?
Texas Tech got fricking reamed by a horrifyingly shitty Ole Miss team. That happened and will continue to happen because Kingsbury is the only coach willing to take the Texas Tech job.
On second thought this is an excellent plan, Auburn! Please pursue this method to get rid of Gus!
Posted on 10/18/18 at 1:28 pm to cardboardboxer
current AD had nothing to do with that contract.... educate yourself prior to proving yourself an idiot via trolling
Posted on 10/18/18 at 1:32 pm to Luke
quote:
hence, why Gus would take a major reduction in buy out vs. high legal costs of stringing this out for years....
Again. If Auburn takes this to court, they lose.....bigly. Nobody would go to Auburn knowing Auburn will not honor a contract, and fights a buyout.
The very purpose of a buyout is to protect the coach financially in case he gets fired. If Auburn fights that no coach will go to Auburn.
Can you name one school has fought against a buyout unless there were extenuating circumstances? And, no. Losing games is not an extenuating circumstance.
Posted on 10/18/18 at 1:34 pm to CaptainBrannigan
quote:
Sovereign Immunity. Google it
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution. This principle is commonly expressed by the popular legal maxim "rex non potest peccare," meaning "the king can do no wrong."
Believe it or not...Auburn is not the government.
Are you saying you have never heard of a college being sued?
Students sue colleges all the time
This post was edited on 10/18/18 at 1:36 pm
Posted on 10/18/18 at 1:38 pm to luvdoc
quote:
Seems a rather open ended search. Can someone give me the Cliffs on this proposed legal remedy, as relevant to this discussion?
Is it as simple as a claim that governments cannot be sued, even when in violation of a contract they entered into willingly? Seems like a hell of a Pandora's box to me.
The problem with their assertion is that colleges can and have been sued. Often. They are not the government and they do not enjoy Sovereignty Immunity. It is something someone on an Auburn message board came up with...it only shows desperation.
Posted on 10/18/18 at 1:41 pm to DawgsLife
quote:
It is something someone on an Auburn message board came up with
Is it, though? Previous posters have suggested that Texas tech used it successfully, though likely to their own detriment in the long run.
Posted on 10/18/18 at 1:41 pm to DawgsLife
quote:
Believe it or not...Auburn is not the government.
Yeah we are, bitch
Posted on 10/18/18 at 1:44 pm to GlossuRabban
quote:
Yeah we are, bitch
Bet I can find a link saying you are not subject to Sovereign Immunity.
So, I guess that rules out the inherent disadvantage Auburn has for not being a state school, or is that wrapped up only in not being able to say University of Auburn?
Posted on 10/18/18 at 1:51 pm to luvdoc
quote:
Is it, though? Previous posters have suggested that Texas tech used it successfully, though likely to their own detriment in the long run.
It is in this case. Texas Tech used it because Leach was accused of mistreatment of players. No accusations to date have been leveled at Malzahn. Good luck trying that defense.
The second thing is Texas tech is a state school. So that is a different situation altogether.
Auburn fans have claimed they are not a state school, so....
Here is the situation with Leach and Texas tech:
Texas Tech is a state school, so it gets the same legal protections the rest of the Texas government gets. Texas has a strict sovereign immunity law, which says Leach can only sue the school in the state if he gets the Texas legislature’s permission.
LINK
Auburn is not protected under the Sovereign Immunity clause because they are not a state school.
Posted on 10/18/18 at 1:51 pm to GlossuRabban
quote:
Believe it or not...Auburn is not the government.
quote:
Yeah we are, bitch
Are you a state school?
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