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re: Tennessee Chancellor did not sign the MOU with Schiano
Posted on 11/27/17 at 4:45 pm to Shaft Williams
Posted on 11/27/17 at 4:45 pm to Shaft Williams
My take:
Tenn has grounds to fight this, i.e. any such lawsuit.
If they are smart, they will try to do a quick settlement with Schiano ... mutually agreeable to both parties ... ASAP and quietly.
And, it should include some sort of language that prohibits the disclosure of the details forever.
Tenn has grounds to fight this, i.e. any such lawsuit.
If they are smart, they will try to do a quick settlement with Schiano ... mutually agreeable to both parties ... ASAP and quietly.
And, it should include some sort of language that prohibits the disclosure of the details forever.
1
Posted on 11/27/17 at 4:45 pm to David Ricky
One of the things that slowed the process of A&M getting into the SEC was that Ken Starr, even after signing an agreement that the Big 12 would not pursue legal action, sent a second letter to the SEC that basically said, “I know I signed an agreement as president of Baylor promising that Baylor wouldn’t sue but, reallly, only our regents can’t agree to that. So we’re totally gonna sue.”
The legal ground is fuzzy. UT will pay something, but not even close to 20,000,000.
The legal ground is fuzzy. UT will pay something, but not even close to 20,000,000.
Posted on 11/27/17 at 4:45 pm to cardboardboxer
quote:
And they think this won't hurt them with the next coach.
How many more coaches were on staff with Sandusky and have people giving depositions alleging they were eyewitness to Sandusky molesting boys?
Is Tennessee going to hire Bradley next?
Posted on 11/27/17 at 4:47 pm to cardboardboxer
quote:
It was never going to be something like $20 million.
Anything looks bad though. Tenn will want to get this behind them ASAP and lawsuits won't do that.
Agreed. Plus, Schiano is a Sexton client and we are probably about to hire Tee Martin, who is also a Sexton client, so I doubt this drags out.
Tennessee will cut Schiano a small check to go away imo
Posted on 11/27/17 at 4:47 pm to PearlJam
You know your school is up shite creek when the only thing you have to hang your hat on during a coaching search is the fact that the chancellor's failure to sign a piece of paper is the only thing saving your arse from either financial peril or being led by a peanut studded piece of shite whose claim to fame is a mediocre record in the Big East.
Posted on 11/27/17 at 4:48 pm to joshnorris14
quote:won't be any, contract is void without the Chancellor's signature.
Enjoy the litigation
Posted on 11/27/17 at 4:48 pm to AUTubaHerd
Does Currie not have the "apparent authority" to bind the university in a coaching contract situation?
Posted on 11/27/17 at 4:48 pm to PearlJam
quote:
It's likely that Currie had actual or apparent authority to sign on behalf of the University unless spelled out otherwise.
Of course he did. He's the AD. Respondeat superior.
Posted on 11/27/17 at 4:49 pm to Shaft Williams
It's not a contract. It's a MOU. MOUs can be binding if someone can prove some reliance or some other loss.
Posted on 11/27/17 at 4:50 pm to Shaft Williams
It's like none of you know how to read
I'm pretty sure John Currie can't sign his name as the AD, Chancellor, and the treasurer
quote:
When UT agreed to a contract with men's basketball coach Rick Barnes in 2015, the memorandum had to be signed by four parties: the UT athletic director, the UT chancellor, the UT treasurer and Barnes.
Similarly, when former football coach Butch Jones signed a memorandum 2012, it had to be signed by the UT athletic director, the UT chancellor, the UT treasurer and Jones.
I'm pretty sure John Currie can't sign his name as the AD, Chancellor, and the treasurer
Posted on 11/27/17 at 4:53 pm to Shaft Williams
quote:
MOUs can be binding if someone can prove some reliance or some other loss.
You don’t think a fan base smearing a guy as a pedo enabler because he wasn’t Jon Gruden is going to effect his future earnings?
Posted on 11/27/17 at 4:53 pm to David Ricky
A copy of Jones' MOU. The wording is more than likely the same. It clearly states it needs to be fully executed, which means signed by all necessary parties (which means the Chancellor as well). UT will probably pay a small amount to make this go away quickly instead of litigating, but they are not going to pay much at all. Also, decent chance he doesn't even sue period. Gov entity governed by Tennessee law, per the MOU as well.
LINK
LINK
This post was edited on 11/27/17 at 4:56 pm
Posted on 11/27/17 at 4:54 pm to AUTubaHerd
Currie might be empowered to bind the university with a MOA. Also, it would be easy to argue that Currie was held out by UT to have apparent authority to bind the school. Now, a court might find differently, but considering the smoldering carcass of a program up on Rocky Top, they would be wise to cut a check and move on.
ETA
Schiano will never get another head coaching job because of this fiasco and will have every reason to drag this thing out.
Find the lowest number he’d take and give it to him. Prolonged litigation surrounding the program will only make things worse.
ETA
Schiano will never get another head coaching job because of this fiasco and will have every reason to drag this thing out.
Find the lowest number he’d take and give it to him. Prolonged litigation surrounding the program will only make things worse.
This post was edited on 11/27/17 at 5:00 pm
Posted on 11/27/17 at 4:57 pm to logjamming
quote:
Currie might be empowered to bind the university with a MOA. Also, it would be easy to argue that Currie was held out by UT to have apparent authority to bind the school. Now, a court might find differently, but considering the smoldering carcass of a program up on Rocky Top, they would be wise to cut a check and move on.
If this goes to litigation it may be pivotal what the standard practice is in college football.
Posted on 11/27/17 at 4:58 pm to Ingloriousbastard
quote:
UT will probably pay a small amount to make this go away quickly instead of litigating, but they are not going to pay much at all. Also, decent chance he doesn't even sue period. Gov entity governed by Tennessee law, per the MOU as well.
This is what probably will happen and should. There will be no lawsuit.Imo
This post was edited on 11/27/17 at 4:59 pm
Posted on 11/27/17 at 4:59 pm to Johnny B Goode
quote:
This is what probably will happen and should. There will be no lawsuit.
I agree.
Posted on 11/27/17 at 4:59 pm to David Ricky
He will get something not the full contract offer ,but he will get money out of this. My guess is they will offer a settlement in the realm of 3-5 million. UT Athletic Director fricked big time and like it or not Schiano does have a case ,and the last thing UT wants is this to go to court.
Posted on 11/27/17 at 5:05 pm to David Ricky
Don't belieeve everything you read on the internet.
Posted on 11/27/17 at 5:06 pm to kywildcatfanone
What
Posted on 11/27/17 at 5:13 pm to David Ricky
I'm pretty sure Schiano would expect the AD is an agent of the university. Don't matter if Chancellor signed it
This post was edited on 11/27/17 at 5:14 pm
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