Kiffin is an apparently endless source of pure and undiluted schadenfreude for ND fans. And he deserves all the ill will he generates. But i have to say, this is a stupid lawsuit and the judge should pitch it out asap. Hopefully for our entertainment, he won’t it will drag on for a while.
Thumbs Up/Down: 00
By OderName July 26, 2010 - 5:59 pm
I’m a little torn on this – part of me says that you set a bad precedent letting someone just break a contract, but another says this is a waste of time, effort, etc, suing a position coach and program in a different league. But most of me just laughs at SC and . . . Hmmm, need a name for Kiffin . . . If Pete was a Poodle, Lane would be a . . . Papillon!
But i have to say, this is a stupid lawsuit and the judge should pitch it out asap.
That’s not the case at all, at least unless you know something about Pola’s contract that the rest of the world doesn’t. Tortious interference with business relations is a well-recognized tort in Tennessee and entitles the plaintiff to treble damages if he proves bad faith. The Titans’ claim is eminently reasonable and is no different than many similar lawsuits brought in courts all across the country every year. The law simply does not allow you to go around inducing other people to breach their contractual obligations to others, and it will require you to pay damages if you do.
What I don’t know is whether the Tennesseean copy-editor or the Titans’ lawyer was the one stupid enough to confuse tortious and tortuous>/i>. I’d believe either way.
Breach of contract. The suit spells it out pretty clearly. Pola needed a written permission from the organization to discuss another job and he, uh, didn’t. This is straight out of BLaw from sophomore year. I guess Kiffin didn’t take that class.
Thumbs Up/Down: 00
By SDI July 27, 2010 - 12:10 am
But the question remains, what are the Titans damages? Breach of contract is the cause of action, not the damages. If you weren’t damaged, you can’t collect an award, which makes case completely frivolous unless you’re into moral victories. The courts are already clogged with legitimate cases, they don’t need to waste time and money on this b.s.
Thumbs Up/Down: 00
By Brad July 27, 2010 - 7:03 am
SDI,
I’m an attorney. Damages resulting from a breach of contract typically are either 1) the value of the contract itself, or 2) specifified within the contract.
In the first situation, again, this can change. Depending on how the contract is structured, the base damages would be either his base salary, or possibly the full value of the contract (base salary x years on the contract). Because it is only a couple weeks before training camp, its possible they could add replacement costs for the position, but again all of that is dependent upon the contract.
I would assume the base damages will be his yearly salary. With statutorily authorized treble damages, that would mean 3x whatever the salary or base damages are. Even if the damages are limited to, say, a 100k dollar a year, for a single year, we are looking at a 300k dollar lawsuit (plus attorney fees) at a minimum.
Thumbs Up/Down: 00
By OderName July 26, 2010 - 8:20 pm
Titus, you sound disturbingly lawyerly. Thanks for the clarification – I get the legal part, but the rest of us in real-world-land just see this as making a mountain out of a molehill, a kid crying because someone took his candy. Then again, as a parent, I know you can’t ever set bad precedent (come to think of it, as a husband it’s an even worse idea to set bad precedent, but I digress).
Okay, enough rambling. Back to work.
Thumbs Up/Down: 00
By Brad July 27, 2010 - 7:08 am
As noted just above, it may seem like a molehill, but if I was running the Titans I would be pissed.
If we were talking about an advertising industry, this would be like someone coming in and encouraging your best pitch man to breach his contract right before the biggest sales pitch of the year. Not only does it cost them now, plus the time they have to use to find a replacement, but it endangers their opportunity for success this season (or salespitch, I suppose).
It may be a molehill to many, but if someone screwed with my business and I could sue them for around 200-400k, you’d bet your ass I’d do it. Even if for no other reason than to be an ass right back to the guy who screwed you.
Thumbs Up/Down: 00
By domer.mq July 27, 2010 - 8:27 am
Thanks for the actual legal explanations, Brad.
Thumbs Up/Down: 00
By SDI July 27, 2010 - 10:22 am
Brad, I agree, I would be pissed too and I’m happy to watch Kiffin get slapped. But I still think that the Titans would have to establish actual damages. Go to this site and read the section discussing damages:
Sounds to me that there still needs to be some traditional contractual damages to collect–i.e. lost profits, loss of goodwill, loss of customer relations, difference between K price and fair market value, etc.
Fisher has already said they will promote from within to fill the spot, and that he would have let the guy go if only Kiffin had asked nicely. I just don’t see any actual damages here, and 3x nothing is still nothing. The entire point of this suit is to slap Kiffin and send a message to other coaches that might try to poach assistants which in my opinion is a misuse of the legal system.
Thumbs Up/Down: 00
By trey July 26, 2010 - 10:42 pm
I could really care less if he has a legal leg to stand on, this is AWESOME!
Thumbs Up/Down: 00
By NWohioND July 27, 2010 - 11:17 am
I agree Trey…couldn’t be happier with “The Kid” right now…
Thumbs Up/Down: 00
By Fenian Fox July 27, 2010 - 12:36 pm
Lanes the gift that keeps on giving, Clark.
Thumbs Up/Down: 00
By Brad July 27, 2010 - 2:16 pm
There are some reports flying around today that ND may have reported a secondary recruiting violation of NCAA policy today. Pay no attention to it.
Some story is floating around Seantrell and how basically every team that recruited him committed secondary violations. OSU apparently had like 12 or something. And Terrelle Prior called Seantrell to recruit him (a big no no).
Anywho, that same article which I cannot find at the moment mentions similar calls to Seantrell from Michael Floyd. However, Floyd did not encourage him to come to ND, only the best school for him, and also Floyd and Seantrell have a friendship having played at the same school…..ergo, no violation.
Pat Haden’s new-found “love” for his coach may be short-lived (“I don’t think we’re going to have a problem with compliance from Lane. He knows where we’re coming from”).
I think Pat’s about to find out that Kiffin’s interpretation of compliance may be a little out of step with the new AD’s.
Thumbs Up/Down: 00
By DJ4341 July 28, 2010 - 6:47 am
Where was Lane Kiffin when the Grotto caught fire???
Thumbs Up/Down: 00
By ND '80 July 28, 2010 - 8:00 am
That’s funny DJ4341, my son said exactly the same thing.
Thumbs Up/Down: 00
By DJ4341 July 28, 2010 - 8:02 am
I hope he runs USC into the ground.
Thumbs Up/Down: 00
By Titus July 28, 2010 - 6:11 pm
Titus, you sound disturbingly lawyerly/
OK, you caught me: guilty as charged. Lawyer or not, I wish folks could go out and settle most of these sorts of disputes mano a mano, but the fact of the matter is that businesses invest a lot of money into these sorts of contracts and the only way that you can, practically speaking, get back at someone for what basically amounts to sucker-punching you is to file a lawsuit. Maybe that sucks, but it’s the way it is.
That said, I do wish my (Tennessee) firm had filed this lawsuit.
By TLNDMA July 26, 2010 - 5:40 pm
Time for Kiffins first spanking from Haden.
Thumbs Up/Down:
0 
0
By SDI July 26, 2010 - 5:51 pm
Kiffin is an apparently endless source of pure and undiluted schadenfreude for ND fans. And he deserves all the ill will he generates. But i have to say, this is a stupid lawsuit and the judge should pitch it out asap. Hopefully for our entertainment, he won’t it will drag on for a while.
Thumbs Up/Down:
0 
0
By OderName July 26, 2010 - 5:59 pm
I’m a little torn on this – part of me says that you set a bad precedent letting someone just break a contract, but another says this is a waste of time, effort, etc, suing a position coach and program in a different league. But most of me just laughs at SC and . . . Hmmm, need a name for Kiffin . . . If Pete was a Poodle, Lane would be a . . . Papillon!
http://www.allsmalldogbreeds.com/papillon.html
Thumbs Up/Down:
0 
0
By Titus July 26, 2010 - 7:08 pm
But i have to say, this is a stupid lawsuit and the judge should pitch it out asap.
That’s not the case at all, at least unless you know something about Pola’s contract that the rest of the world doesn’t. Tortious interference with business relations is a well-recognized tort in Tennessee and entitles the plaintiff to treble damages if he proves bad faith. The Titans’ claim is eminently reasonable and is no different than many similar lawsuits brought in courts all across the country every year. The law simply does not allow you to go around inducing other people to breach their contractual obligations to others, and it will require you to pay damages if you do.
What I don’t know is whether the Tennesseean copy-editor or the Titans’ lawyer was the one stupid enough to confuse tortious and tortuous>/i>. I’d believe either way.
Thumbs Up/Down:
0 
0
By SDI July 26, 2010 - 10:40 pm
What are their damages?
Thumbs Up/Down:
0 
0
By domer_mq July 26, 2010 - 11:15 pm
Breach of contract. The suit spells it out pretty clearly. Pola needed a written permission from the organization to discuss another job and he, uh, didn’t. This is straight out of BLaw from sophomore year. I guess Kiffin didn’t take that class.
Thumbs Up/Down:
0 
0
By SDI July 27, 2010 - 12:10 am
But the question remains, what are the Titans damages? Breach of contract is the cause of action, not the damages. If you weren’t damaged, you can’t collect an award, which makes case completely frivolous unless you’re into moral victories. The courts are already clogged with legitimate cases, they don’t need to waste time and money on this b.s.
Thumbs Up/Down:
0 
0
By Brad July 27, 2010 - 7:03 am
SDI,
I’m an attorney. Damages resulting from a breach of contract typically are either 1) the value of the contract itself, or 2) specifified within the contract.
In the first situation, again, this can change. Depending on how the contract is structured, the base damages would be either his base salary, or possibly the full value of the contract (base salary x years on the contract). Because it is only a couple weeks before training camp, its possible they could add replacement costs for the position, but again all of that is dependent upon the contract.
I would assume the base damages will be his yearly salary. With statutorily authorized treble damages, that would mean 3x whatever the salary or base damages are. Even if the damages are limited to, say, a 100k dollar a year, for a single year, we are looking at a 300k dollar lawsuit (plus attorney fees) at a minimum.
Thumbs Up/Down:
0 
0
By OderName July 26, 2010 - 8:20 pm
Titus, you sound disturbingly lawyerly. Thanks for the clarification – I get the legal part, but the rest of us in real-world-land just see this as making a mountain out of a molehill, a kid crying because someone took his candy. Then again, as a parent, I know you can’t ever set bad precedent (come to think of it, as a husband it’s an even worse idea to set bad precedent, but I digress).
Okay, enough rambling. Back to work.
Thumbs Up/Down:
0 
0
By Brad July 27, 2010 - 7:08 am
As noted just above, it may seem like a molehill, but if I was running the Titans I would be pissed.
If we were talking about an advertising industry, this would be like someone coming in and encouraging your best pitch man to breach his contract right before the biggest sales pitch of the year. Not only does it cost them now, plus the time they have to use to find a replacement, but it endangers their opportunity for success this season (or salespitch, I suppose).
It may be a molehill to many, but if someone screwed with my business and I could sue them for around 200-400k, you’d bet your ass I’d do it. Even if for no other reason than to be an ass right back to the guy who screwed you.
Thumbs Up/Down:
0 
0
By domer.mq July 27, 2010 - 8:27 am
Thanks for the actual legal explanations, Brad.
Thumbs Up/Down:
0 
0
By SDI July 27, 2010 - 10:22 am
Brad, I agree, I would be pissed too and I’m happy to watch Kiffin get slapped. But I still think that the Titans would have to establish actual damages. Go to this site and read the section discussing damages:
http://www.allbusiness.com/legal/laws/939939-1.html
Sounds to me that there still needs to be some traditional contractual damages to collect–i.e. lost profits, loss of goodwill, loss of customer relations, difference between K price and fair market value, etc.
Fisher has already said they will promote from within to fill the spot, and that he would have let the guy go if only Kiffin had asked nicely. I just don’t see any actual damages here, and 3x nothing is still nothing. The entire point of this suit is to slap Kiffin and send a message to other coaches that might try to poach assistants which in my opinion is a misuse of the legal system.
Thumbs Up/Down:
0 
0
By trey July 26, 2010 - 10:42 pm
I could really care less if he has a legal leg to stand on, this is AWESOME!
Thumbs Up/Down:
0 
0
By NWohioND July 27, 2010 - 11:17 am
I agree Trey…couldn’t be happier with “The Kid” right now…
Thumbs Up/Down:
0 
0
By Fenian Fox July 27, 2010 - 12:36 pm
Lanes the gift that keeps on giving, Clark.
Thumbs Up/Down:
0 
0
By Brad July 27, 2010 - 2:16 pm
There are some reports flying around today that ND may have reported a secondary recruiting violation of NCAA policy today. Pay no attention to it.
Some story is floating around Seantrell and how basically every team that recruited him committed secondary violations. OSU apparently had like 12 or something. And Terrelle Prior called Seantrell to recruit him (a big no no).
Anywho, that same article which I cannot find at the moment mentions similar calls to Seantrell from Michael Floyd. However, Floyd did not encourage him to come to ND, only the best school for him, and also Floyd and Seantrell have a friendship having played at the same school…..ergo, no violation.
Thumbs Up/Down:
0 
0
By Brad July 27, 2010 - 2:17 pm
What I am talking about:
http://www.cleveland.com/osu/index.ssf/2010/07/ohio_state_admits_secondary_vi.html
Thumbs Up/Down:
0 
0
By BurbankSteve July 27, 2010 - 10:17 pm
Pat Haden’s new-found “love” for his coach may be short-lived (“I don’t think we’re going to have a problem with compliance from Lane. He knows where we’re coming from”).
I think Pat’s about to find out that Kiffin’s interpretation of compliance may be a little out of step with the new AD’s.
Thumbs Up/Down:
0 
0
By DJ4341 July 28, 2010 - 6:47 am
Where was Lane Kiffin when the Grotto caught fire???
Thumbs Up/Down:
0 
0
By ND '80 July 28, 2010 - 8:00 am
That’s funny DJ4341, my son said exactly the same thing.
Thumbs Up/Down:
0 
0
By DJ4341 July 28, 2010 - 8:02 am
I hope he runs USC into the ground.
Thumbs Up/Down:
0 
0
By Titus July 28, 2010 - 6:11 pm
Titus, you sound disturbingly lawyerly/
OK, you caught me: guilty as charged. Lawyer or not, I wish folks could go out and settle most of these sorts of disputes mano a mano, but the fact of the matter is that businesses invest a lot of money into these sorts of contracts and the only way that you can, practically speaking, get back at someone for what basically amounts to sucker-punching you is to file a lawsuit. Maybe that sucks, but it’s the way it is.
That said, I do wish my (Tennessee) firm had filed this lawsuit.
Thumbs Up/Down:
0 
0