CURIOUS INDEX, 5/15/08
 |
||
|
Thanks to all for the outstanding effort in the charity drive for disaster relief. $20K doesn’t just fall out of the sky every day, but you made it rain not in the name of titties and beer, but for a cause almost as good as, um, titties and beer. Michigan and Ohio State deserve special mention for their huge contributions, a testament both to your earning power and your hatred for your rivals. Well-played all around; please enjoy the maize and blue layout for today in honor of Michigan’s generosity. Hail to the victors. Due to a hellaciously busy day of feature and freelance work, the CI is likely all that’s here today. A pile of cheese to you all, but the time management thing has been eight bitches in a bitch boat this week. Ryan Perrilloux will be going to Jacksonville State to play college football, and the open slot at the qb spot for the Gamecocks of the Yellowhammer State came about due to–ah, life, you always win–disciplinary problems for the last qb. The Gamecocks’ starter from last season, Cedric Johnson, was kicked off the team after the season for violating team rules. Two other quarterbacks left the team and another graduated. That left only two signees to fill the slot. “For me to remove the best offensive player we had and maybe the best in the league for disciplinary reasons and then compromise on this one … would be crazy,” Crowe said. Blog buddy RCR points out Perrilloux will be close enough to keep an eye on terrorists who might threaten the space program at Huntsville, and also will be able to take advantage of space camp if he liked while he was there. We hated kids who got to go to space camp with a stabbing envy. That has little to do with this story, but dammit, we’ve wanted to say that for years. We hate you all, you lucky bastards. Frank Solich re-establishes his scholarship fund at Nebraska. Let the healing begin, but beware any margaritas doled out at any and all ceremonies surrounding the lovefest. Bobby Bowden has no idea what’s going on. If you didn’t know this before, well, you know it now. Rick Neuheisel doesn’t want to comment on “rumors” about him pushing the Brennan Carroll video on recruits as an example of all the bad words and ruthless evil they’d get playing across town. Rick Neuheisel just wants to dance! Are you ready to dance? YAY!
|
||
 |
||
Loading ...
95
hunglikehussain @ 82 - duly noted - I spared you all the recitation of how the British empire used said boards in Africa to screw over their colonial subjects, and how after independence said boards were used to jump start the kleptocracies that passed themselves off as national governments.
Comment by DC Trojan — May 16, 2008 @ 11:21 am
94
Average Median Income for WV: $32,500
RR’s salary (2006): $1.9 M
Jury of your peers: Snowball’s chance….
He’ll be lucky if the jury doesn’t ask the Court if they can impose the death penalty…or at least permission to have him tarred and feathered…
Comment by hobeg8r — May 16, 2008 @ 11:05 am
93
JeffAU @ #92…got it. No way there is a summary jmt…too many floating bodies… The entertainment value couched in dickrod’s poor judgment can keep me amused (and has) for hours. Thanks, guys and gals…
Comment by sb — May 16, 2008 @ 10:26 am
92
sb @ 88
I don’t disagree with you that his fraudulent inducement defense is as weak as a bammer defensive lineman, but the comment I was responding to was the statement that parole evidence could not be used at all in defending the case. While certainly disputed (and probably overwhelmed) for the reasons you raised, I suspect it maybe enough of a fact question to ward off summary judgment if this thing doesn’t settle.
I wish someone would fraudulently induce me into earning 7 figures a year.
Comment by JeffAU — May 16, 2008 @ 10:17 am
91
JeffAU @ #88…I don’t agree…no contract at that level is signed in a vacuum…everyone involved…dickrod, his counsel, wfvu and their counsel had to have worked the shit out of that contract…fraudulent inducement might be one of the arrows in my defense quiver, but to hang their hat on it, other than as a p.r. ploy, means their hat is in the tobacco juice, ashes and spilt beer on the floor of their dirty, smoky backroom.
Combine that with the comment he made earlier “Don’t you think I’d know if I made over million dollars?” just prior to being shown his signed tax return for a little over a mil. Break out that deposition, counselor, we’ve got a live one!
Comment by sb — May 16, 2008 @ 9:08 am
90
#79 - Didn’t the big booster friend of DickRod withdraw his $2.5 M gift to WV when DickRod left? If so, I think WV can clearly show how they were damaged….we all know contributions to universities increase when you have a winning football program….Mark Richt’s liquidation “penalty” is $11M. Isn’t the real reason it is there is to keep other universities from poaching coaches? If Richt left UGA, I can assure you that he would have his Cat. 5’s put in a provision that his new school would pay him a $11M bonus + taxes (to cover that).
WV Cat 5: Do you think it would be fair for WV to pay you $4M if you were fired?
RR: Yes.
WV Cat 5: Do you think it would be fair for you to pay WV $4M if you left?
RR: (Crying and wimpering): No
Comment by hobeg8r — May 16, 2008 @ 8:16 am
89
#85 - At least in the state of South Carolina if you’re related to someone on the state surpreme court- i.e. throwing out a section of the bar exam so certain people would pass.
Comment by Out of Conference — May 16, 2008 @ 7:50 am
88
@72
Have to disagree with you there. While the parole evidence rule will not allow a verbal agreement to alter to written terms of the contract that contains a merger clause (and this one apparently does), he can use parol evidence to demonstrate that he was fraudulently induced to sign the contract. If he does so, the contract itself is invalid, and should be rescended. Dickrod then has a quanum meruit claim for the reasonable value of the services he performed and, presumably, although I’ve never seen it actually happen, he could have to repy WFVU whatever salary he received in excess of that amount, if it was more than the reasonable value.
Comment by JeffAU — May 16, 2008 @ 7:35 am
87
ahhh 84…see, I learned something! I did not know there was a distinction there. Maybe I should venture out of my real estate world sometime.
Comment by Vol — May 16, 2008 @ 7:29 am
86
Tommy @ #85…at least the property/contracts section…
Comment by sb — May 16, 2008 @ 7:24 am
85
Wow… I feel like I could pass the bar after reading all 84 comments… fuck..
Comment by Tommy Bowden's Mancrush — May 16, 2008 @ 1:54 am
84
vol @ #72…the parole evidence rule limits a property transaction to what is in the k…it doesn’t have a definitive effect when its used in a performance contract dispute…you cannot make dickrod stay at wfvu, and the terms are not as hard and fast as you’ll find in property…I have yet to see a summary judgment based on the parole evidence rule in a performance contract, although that doesn’t mean it won’t happen. I love property k’s in comparison to performance k’s…not only are the variables fewer, but the p.e.r. keeps them cleaner.
Comment by sb — May 15, 2008 @ 8:37 pm
83
Orson Swindle. . . . .you are indeed a DEITY in blog-land! God bless your parents, EDSBS couldn’t possibly be “food” for the masses without them. I, for one, am quite pleased with the menu.
That Rick Dances shite has me in FUCKING STITCHES!
Comment by tapout — May 15, 2008 @ 6:58 pm
82
@64 because they can
My sentiments exactly. This is one weird but intellectually stimulating blog.
For example, DCTrojan used a word I am not familiar with…”monopsony.” I spend a couple of hours researching, trying to comprehend and then write a treatise on Keynesian economics, minimum wage, collective bargaining, and wage discrimination. It was “Coop-esque.” I deleted everything. After all, DC just used a word coined by an obscure Marxian economist. No harm, no foul.
Type “A” personalities are the scourge of internet blogging. Occasionally, this is a hard lesson learned.
Comment by hunglikehussain — May 15, 2008 @ 6:36 pm
81
Vol @ 77 - You’ve struck upon a title for the latest Farrelly Brothers movie: “Tuscaloosa Co-eds and Pensacola Hookers”.
As for LSUFreek: Best. Caricature. Ever.
Comment by Studley — May 15, 2008 @ 5:39 pm
80
#78 - Just bill them all 15 minutes of your time for posting that here on the net.
Isn’t that what lawyas do?
Comment by NewAZTiger — May 15, 2008 @ 5:04 pm
79
I think the entire point of all the RichRod proceedings is to reduce the amount he has to pay. I would be shocked if the court actually upheld the full 4 million dollar liquidated damages clause (what people refer to as the “buyout”). Those clauses are often struck down or ignored — if they can figure out actual damages they will enforce that rather than the liquidated damages. If they can’t figure out actual damages, the court would still be likely to reduce the liquidated damages as being more than the actual damages could possibly be. Winning the BCS bowl without Rodriguez, and then hiring Stewart, who coached that win, will probably cost them money — it’s a pretty strong piece of evidence in an argument that Rodriguez leaving didn’t cause anywhere remotely close to the 4 million in damages.
The stuff that RichRod is talking about that wasn’t in the contract is there for color, to further try to knock down the amount if possible. I think he’ll have a hell of a hard time actually getting the contract overturned or having his breach excused.
Comment by Yinka Double Dare — May 15, 2008 @ 5:01 pm
78
It just occurred to me that I have a huge stack of shit on my desk that paying clients want legal opinions about and I’m giving contract dissertations on a football blog. Catch y’all later.
Comment by Vol — May 15, 2008 @ 4:50 pm
77
Now speaking of the Statute of Frauds, the guy who got totally fucked by that little gem of legal principle was Mr. Mike Price himself. It seems that he had not yet signed his multi-year contract when he was chasing Tuscaloosa coeds and Pensacola hookers, and so it was deemed to be an oral contract for services (insert joke) which, by its terms, could not be performed within a year. Thus…unenforceable/pissed wife/UTEP/etc etc etc…
Comment by Vol — May 15, 2008 @ 4:48 pm
76
Shake it off, 75. I’m sure you’re a fine advocate.
Comment by Vol — May 15, 2008 @ 4:43 pm