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re: Should Gus accept 2 million a year for the next 20 years

Posted on 10/18/18 at 1:52 pm to
Posted by GlossuRabban
West Cobb
Member since Apr 2018
2570 posts
Posted on 10/18/18 at 1:52 pm to
quote:

Are you a state school?


Well, yeah.
Posted by DawgsLife
Member since Jun 2013
58902 posts
Posted on 10/18/18 at 1:53 pm to
Y'all have fun arguing. But I would suggest you take a couple of minutes to Google Sovereign Immunity and Mike Leach. It might save some time.
Posted by GlossuRabban
West Cobb
Member since Apr 2018
2570 posts
Posted on 10/18/18 at 1:54 pm to
I don't even care about that. I'm just fricking with you.
Posted by DawgsLife
Member since Jun 2013
58902 posts
Posted on 10/18/18 at 1:58 pm to
quote:

Are you a state school?
quote:

Well, yeah.

Well, I guess Auburn's fans of claiming that you have an inherent disadvantage to Georgia and Alabama because you are not a state school is just wrong, then, right?

I gotta go. You guys have a good afternoon, and have fun.
Posted by DawgsLife
Member since Jun 2013
58902 posts
Posted on 10/18/18 at 1:59 pm to
quote:

I don't even care about that. I'm just fricking with you.







I figured, but some times I am slower than others. Really do have to go!

It'll work out. Gus is still better than a lot of other coaches in the SEC.
Posted by Pickle_Weasel
Member since Mar 2016
3804 posts
Posted on 10/18/18 at 2:00 pm to
He should. Then Auburn can go ahead and hire Freeze.
Posted by Luke
1113 Chartres Street, NOLA
Member since Nov 2004
13406 posts
Posted on 10/18/18 at 2:01 pm to
actually yes AU is …
Posted by Draconian Sanctions
Markey's bar
Member since Oct 2008
84835 posts
Posted on 10/18/18 at 2:01 pm to
Make it $1 million a year for 40 years then we can do the Bobby Bonilla/Mets thing with Gus/Auburn until 2058
Posted by GlossuRabban
West Cobb
Member since Apr 2018
2570 posts
Posted on 10/18/18 at 2:03 pm to
quote:

Well, I guess Auburn's fans of claiming that you have an inherent disadvantage to Georgia and Alabama because you are not a state school is just wrong, then, right?

I assume they meant not the flagship state school. We are definitely a state school.
Posted by RT1941
Member since May 2007
30193 posts
Posted on 10/18/18 at 2:07 pm to
quote:

He should take whatever he can. Boosters are apparently willing to go to court to adjust his buyout


The Boosters are taking this to court? On behalf of a contract between Auburn University and Gus Malzhan? So AU Boosters not only offered and agreed to the terms and conditions of the contract, they legally executed the document as well?
Posted by luvdoc
"Please Ignore Our Yelp Reviews"
Member since May 2005
917 posts
Posted on 10/18/18 at 2:08 pm to
quote:

Texas Tech used it because Leach was accused of mistreatment of players


Then it sounds like tex tech claimed he was fired with cause, as opposed to claiming that they have Sovereign Immunity and could therefore simply fire him without cause, despite an apparent contrary contractual obligation.

It may be splitting hairs, and I am sure as hell no lawyer, and everything I know about this case I learned in this thread, but the claim of sovereign immunity by Texas tech appears to be with regard to an unchallengeable right to assert that there was cause to fire Leach, rather than an unchallengeable right to disregard contracts

Of course, the result is the same. If I understand correctly…

This post was edited on 10/18/18 at 2:21 pm
Posted by Agseds
Member since Mar 2018
343 posts
Posted on 10/18/18 at 2:11 pm to
He shouldn't. The longer his payout period, the longer Auburn has to try and stop paying him for whatever reason.

His contract is signed by both parties, Auburn will never win in court against that.

And with the way Auburn's fan base has treated him, I wouldn't blame him for trying to get the maximum amount in the shortest possible time.
Posted by RT1941
Member since May 2007
30193 posts
Posted on 10/18/18 at 2:52 pm to
quote:

but the claim of sovereign immunity by Texas tech appears to be with regard to an unchallengeable right to assert that there was cause to fire Leach, rather than an unchallengeable right to disregard contracts
There is no "cause" to fire Gus. These cats that agreed to that astronomical extension and buyout 10 months ago did to show their support for their HC. They knew what his ceiling was, and now they have to live with their decisions whether they keep him or can him.
Posted by CaptainBrannigan
Good Ole Rocky Top Tennessee
Member since Jan 2010
21644 posts
Posted on 10/18/18 at 10:14 pm to
quote:

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 m


That is pretty much it. You can't sue the government if they don't want you to. It is how Texas Tech got out of paying Mike Leach his money. It is a strong arm negotiating tactic to reduce the buyout of a man who is clearly no longer mentally competent to do his job.
Posted by Solo Cam
Member since Sep 2015
32628 posts
Posted on 10/18/18 at 10:24 pm to
quote:

auburn is awesome

LSU should have done this with miles.

No. that’s fricking retarded. Your school just spends a shite load more on legal fees for an iron clad contract that they’re not getting out of.

Taking someone to court doesn’t mean your gonna win.

Gus doesn’t even have to buy a lawyer. He didn’t violate his conduct rules to trigger any clauses to void the buyout. It’s black and white. They have to pay him the full buyout if they want out.
Posted by r2d2
Member since Dec 2006
6842 posts
Posted on 10/18/18 at 10:26 pm to
quote:

Boosters are apparently willing to go to court to adjust his buyout


That would be disastrous for future hires. Please do it.
Posted by BrerTiger
Valley of the Long Grey Cloud
Member since Sep 2011
21506 posts
Posted on 10/18/18 at 10:27 pm to
quote:

Auburn is not protected under the Sovereign Immunity clause because they are not a state school.


Everybody knows Auburn is a private university in West Georgia.

This is known.
Posted by BrerTiger
Valley of the Long Grey Cloud
Member since Sep 2011
21506 posts
Posted on 10/18/18 at 10:40 pm to

quote:

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.


And here is the rest of the story per...Mike Leach himself:

quote:

Mike Leach

@Coach_Leach

Replying to

@MrChaos6

and

@JonHGreenspan

Texas is the only state in the union that never quit exercising sovereign immunity on contracts. Every other state did a long time ago

1:19 PM · Aug 2, 2017




So Auburn can't use sovereign immunity.

Texas once again is a whole nother country.
Posted by cardboardboxer
Member since Apr 2012
34330 posts
Posted on 10/18/18 at 10:53 pm to
Cant forget this lovely list.

Posted by BrerTiger
Valley of the Long Grey Cloud
Member since Sep 2011
21506 posts
Posted on 10/18/18 at 10:58 pm to
quote:

Cant forget this lovely list.


That's awesome.



I hope Leach has seen that.
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