Obtuse1

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You diminishing someones serving make you feel better?
You simply saying irrelevant, doesn't make it so, especially if you EVER DID IT!!

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It is irrelevant to show how "American" a person is.

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You are the type of person that marketing folk cream their jeans over

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While I get your point, there is nothing on that list that is not extremely good quality, objectively better than most in the sector, and lots of them are lifetime purchases.

For example, I have carried my Halliburton briefcase for 33 years now, that's over 8000 days of use. It is still distinctive and still looks and performs like it did when I bought it. I only cried once.

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I think they were very deliberate about what was in the document, and so do you, right?

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Yes, but it does not advance your argument as you see it. There are two reasons you put a "fact" into a filing. One, it is part of the foundation of your legal argument. Two, it prevents the opposition from using its absence against you. An example of something similar within the four corners of the filing is the email from Verge in response to the memorializing email. They are using the fact he didn't take issue with anything other than who would contact them as not having issue with anything else stated in the email. The majority of the words in the filing are not relevant to their argument, which is relatively simple; they are there to forestall potential arguments, even though they would likely be expanding the scope of what is being ask of the judge. Again, I do not think it is salient to the specific question they are asking the court to decide, but there in anticipation of a wider scope.

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Seems pretty confident. So they went through every written communication he has for an entire month, but they are adding arbitrary statements in a short court document? I’m not sure I agree.

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You don't have to agree but this is the most confident I am on anything I have said. If the attorneys were aware of any written communication that even hinted at for cause firing, they would have made a preemptive argument in the filing. They went to great lengths to discuss Kelly's entire coaching CV and accomplishments to head off some very unlikely arguments but left out written communication about for cause firing, please. If there had been any written communication of the intent to fire for cause they would have included it and made the argument why it was not contract compliant, simple as. In the end, everyone knows the truth is they fired him for on filed perfomance of the team, the timing alone gets you 90% of the way there. Everyone also knows he was told he was fired in the Woodward et al meeting. Note there is a difference between something that anyone with a brain knows and what is proveable but the real truth is always wind in your sails.

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I know, I’m saying it’s a theoretical document that that would operate like a MOU to terminate the employment contract.

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Yes I understand, but virtually any contract can be mutually terminated. Since the employment agreement doesn’t outline that, or related procedures, an alternative agreement would need to replace it. Do you not agree?

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I agree they can call it anything they like and agree to anything they care to agree upon. It is totally irrelevant since there was clearly not a meeting of the minds on this mythical mutual separation. The whole reason we are here is to dispense with the notion that for cause is a possibility. If they wanted to go down that road they shouldn't have fired him emotionally and went through the contractually required process. All the discussion around this in the media and on the internet has them rethinking what they should do but that are using their brain instead of their heart about a month too late.

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Thanks. Stone Pigman is a good firm, I know how much they cost

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Now I am intrigued. What is their billing rate for associates and partners?

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When do you think those words were first used?

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While it is stated in the filing as Nov 10 lets assume they gave no date and I had to guess.

I wouldn't guess because it really doesn't matter IMO. I don't think LSU is in a good position to argue he wasn't fired for multiple reasons and the possible lack of authority of Woodward won't fly either. The reality is if they fired him without giving the contractually required written notice to cure/mitigate then in most instances they lost that claim. I feel extremely confident that they never gave the proper notice of firing with cause, because if they did, there is no way that they would file for this specific declaratory judgment without mentioning it and arguing it was not adequate. Don't forget Kelly employed the 5th largest firm in the WORLD for this and having litigated against Skadden multiple times, they are not going to miss this.

I say the public facts make a very strong case he was fired. The filing of that specific prayer for declaratory judgment strongly indicates firing for cause has been used in the negotiations. If it were me and my client had not been given adequate notice and cure/mitigate period I would pull out of negotiations and get the court to determine that fact. As long as the Damascus sword of for cause hangs out there the negotiations simply can't go on in good faith, the parties will be too far apart.

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I get all of this, I'm trying to piece together how it got there. But I do disagree to an extent, I do think that given the situation, this isn't exactly "basic" commercial litigation, Kelly should have maybe tried to negotiate before putting this narrative out there.

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The reasoning behind the filing is abundantly clear. There is a better than 99% chance the words "for cause" were used by an agent of LSU as leverage in the negotiations. There is simply no other logical reason to file asking for a simple declarative judgment on the issue of for cause firing than it has been mentioned or suggested.

I will agree this is somewhat unusual since in 30 years of contract litigation I have never seen someone locked out, someone hired to do their job, press releases and press conferences held regarding a changing of the guard without the type of termination being already communicated in writing to the former employee. The main reason being that firing for cause normally requires a very specific procedure outlined in the K and if it hasn't been followed then it can't be retroactive save some very unusual situations like embezzlement.

I watch mine on the cameras. Right now, two are chilling the porch and the other two are chasing something, probably a squirrel.

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LSU could make the argument that adultery qualifies as moral turpitude, which is listed as a for cause reason for termination in his contract.

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Do you have any legal precedent for this in LA? I have never seen adultery used to void a personal performance contract's moral turpitude clause.

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Jeep is offering 250 of these to active duty or veterans.

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249, one goes to an auction that anyone can buy.

My grandnephew is staying with us this week because his parents are out of town. We have been building a jewelry box for his mother for Christmas. Teaching him to use hand tools like my BCTW block plane with depth skids to thickness the holly for stringing has been really fun. I think before we started he just thought all the "big machines" just did the work for you.

The top is going to be a traditional line and berry inlay similar to this:



The manliest thing I have done today is having to resist the urge to just take over and do it for him. I am not sure I will be able to resist it when it comes time to cut the mortises for the quadrant hinges.

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Trump was thin and fit until he was well past middle age.

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This was him at 50