CURIOUS INDEX, 1/18/08
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Smear. Yum. Rich Rodriguez says he’s the victim of a smear campaign. This happens when there’s $4 million dollars and a buyout clause in contention and everyone starts to play with the good knives. One tiny question that perhaps someone could answer for us: didn’t anyone make a provision for the buyout clause causing all the furor, or even think about it? Or was the intent for Rodriguez to wig out on the clause all along, claiming that WVU hadn’t lived up to their promises all along and thus violating their contract with him? Lawyaz, in the comments plz. (In case you missed it on Wednesday, Brian had an excellent post as to why this paperwork tiff is complete crap. It’s got charts and everything.) Your January Surprise: you’re Virginia, and your starting qb isn’t enrolled in classes yet! Surprise! (Throws streamers, buzzes noisemakers.) Jameel Sewell and three other UVA football players do not appear on the rolls at UVA. Considering the school’s sterling academic reputation, Deion Rules are unlikely here, and you can probably count them as lost, transferring, or otherwise indisposed for the 2008 season: classes began on the 16th in Charlottesville. College football causes crime. And we’re not just talking about weed and Florida football: Our results suggest that the host community registers sharp increases in assaults, vandalism, arrests for disorderly conduct, and arrests for alcohol-related offenses on game days. Upsets are associated with the largest increases in the number of expected offenses. These estimates are discussed in the context of psychological theories of fan aggression. Again, economists working in the Duh Studies Department for you, the people. We could have told you that, given the eight convenience store workers we killed in the last two consecutive losses to Auburn. If you see a Tiger kicker walking onto the field in 2008 in Auburn, just close all stores in the area as prophylaxis. Manginopolis wins the Bear Bryant Award in coaching. He totally frickin’ blew your mind by coaching Kansas to a 12-1 record this year. Have a special burger on us, brah.
Please. If life wants to be cool to all of us, then this will happen in what SMQ is calling “the Orgeron option.” |
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37
RR has ensured all us CFB nuts will have plenty to discuss as he digs himself a marvelously complex legal hole…and, yes, being a lawyer can suck…hard.
I’m thinking about going to bartending school…everyone likes bartenders, don’t they? I like all of mine…ooh, but then I can’t spend all day fartin’ around on my computer. Shit, any other ideas? Frickin’ superhero-ing is just too enervating…oh, martini time…gotta go.
Comment by sb — January 18, 2008 @ 4:50 pm
36
Ok, I guess those articles are going to make it easier. They’ll probably have to depose those boosters, but if the boosters assert those statements on depo or on the witness stand, then that will definitely strengthen WFV’s case.
Comment by Jeff from LA — January 18, 2008 @ 3:31 pm
35
“Perhaps they could even argue that the success of their football team has led to increases in charitable donations to the school, etc. Their main difficulty is going to be in proving that such predictions are accurate, since courts tend to hate speculative estimates of damages.”
In WFV’s case, there are published articles where major boosters have stated that if DickRod leaves they are no longer going to support WFV. So this might be easier to prove than in most cases.
Comment by Pirate_mate — January 18, 2008 @ 2:36 pm
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Good call with the discussion of the buyout clause as a reasonable liquidated damages provision. I was going to mention it until I saw your comment. Basically, like you said, the key is whether the provision is a reasonable approximation of damages or so severe as to be punitive, because punitive provisions will not be enforced by the court.
I think WFV is probably going to argue that they will lose up to $4 million in lower sales of licensed goods and through other revenue streams. Perhaps they could even argue that the success of their football team has led to increases in charitable donations to the school, etc. Their main difficulty is going to be in proving that such predictions are accurate, since courts tend to hate speculative estimates of damages. The other hard part is proving that there’s a $4 million drop-off in the difference between Rodriguez and Stewart.
Perhaps the funniest thing is that buyout clauses and all other liquidated damages clauses were created to shorten litigation by providing an estimate of future damages to either party. In this case, it looks like the buyout clause will do little to shorten the length or the cost of the litigation.
Comment by Jeff from LA — January 18, 2008 @ 1:57 pm
33
“(By the way, being a lawyer sucks. Being a Masked Avenger is WAY cooler, and offers more opportunities for instant gratification.)”
Alas, I am like Daredevil, a lawyer by day.
Comment by maskedavenger — January 18, 2008 @ 1:06 pm
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#27 - I knew that it was a moron of our own who dumped his grill ashes, but it tells so much better to blame it on LSU.
Comment by TIGERinATL (no LSU fan) — January 18, 2008 @ 12:51 pm
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maskedavenger,
I’m not sure that the lawsuit has to be formally ~filed~ for the destruction of documents to be a problem. If legal proceedings are threatened, or obviously are going to happen, it’s ill-advised to start shredding. Of course, this is all speculation in the present case.
(By the way, being a lawyer sucks. Being a Masked Avenger is WAY cooler, and offers more opportunities for instant gratification.)
Comment by MST3K — January 18, 2008 @ 12:12 pm