CURIOUS INDEX, 5/15/08

I had to clear my cookies at work to see the colors. Hopefully it stays as my permanent color scheme if I don’t clear the cookies ever again.

where can i find all of lsu freek’s creations? these things are hilarious

I’ve been staring at that LSUFreek creation for about 5 minutes straight. It is positively mesmerizing.

LSUfreek makes me happy.

Rick Neuheisel – “Never mind the offensive line, look at the schematic advantage! And we’re completely PG-13!”

Jack Crowe – “Yeah Perrilloux’s a bit of a risk, but I’ve taken some precautions: we’ve hired in compliance officers from a big-time 1A program! Which one? USC… what’s so funny?”

Here’s hoping and praying that Bobby Reid and RP somehow meet in the playoffs.

My mom swears to me that I turned down space camp as a kid. I have no idea how this could have happened, I always wanted to go. Kids shouldn’t be allowed to make poor decisions like that.

So, if Bobby doesnt know what is going on, did it happen?

I like Rick’s tie…. Pete’s, not so much

I did go to Space Camp. When the time came, I was assigned the role of launch and landing director. I didn’t even get to go in the fake shuttle. I’m scarred.

So, $2,000 of tOSU’s contributions was from a single contributor…. hats off . But tell me sumptin, does Wayne’s mom know the Subcommandante and tAFKsOSU used her car to get a title loan?

Did I sleep through moustache Wednesday?

Not exacfly the way I wanted to see RP become a Gamecock….

Nice job, LSUFreek. Slick Rick always had that “old lesbian” look to him to begin with.

Dude. LSUFreek.

That is all.

I went to Space Camp and it was awful. I totally thought it was going to be like the movie with hot girls and a ride on the real space shuttle. Instead it was a bunch of nerds and boring lectures. So count your blessings Orson.

So you’re saying your real job is interfering with the blog that typically interferes with my real job. Damn you, Swindle.

Coach Crowe at JSU is now up for the “Most Altruistic Man of the Year”. Is he willing to give everybody in RP’s crew a fresh start out of Red Stick? Cause they probably don’t play football, but they will help RP with his FnDC and counterfieting chores.

I live in Huntsville, and knowing that “the six mother fucking million dollar man” is with 100 miles of me is positively frightning.

“ah, LSUfreek, you always win…”

fixed

I was a payload specialist at space camp. When it was time to close up shop and prepare the fake shuttle to return to earth, our warning lights for the payload systems went on, so I shut the mother down. Do I really need to report that to anybody? I TOOK CARE OF IT! Must I really report every little thing right when it happens to someone who cant do anything about it? Asshats…..

And where were those girls from the movie?

ok…off topic.
But did anyone besides me read the Rich Rodriguez deposition that was linked to yesterdays Courious Index. I bacically blew off the whole day yesterday and read it. Interested in any comments for the Catagory 5 group. To me, not a Lawya, it sounded like this very abreviated version:

WVU Attorney: I draw your attention to exhibit A, your contract. Is that your signature on it Mr. Rodriguez.

Rich Rodriguez: Yes. But….

WVUA: Does it say that this is the whole contract in its entiriety.

RR: Yes….But they promised me….

WVUA: And does this part state that there would be a $4million buy out clause that you would have to pay if you left?

RR: well, yeah, But you see, they SAID they would do certain things for me, but we did not put it in the contract. But they said they were gonna do it. They said Trust Us and that’s why I signed it.

WVUA: That is your signature on the contract, is it not?

I lived 15 minutes away from Space Camp, and never went. But I’ve been to the Space and Rocket Center probably five times. It gets less and less exciting every time.

That may be one of LSUfreek’s best, IMO

Shovel Pass, also not a lawyer, but he seemed to be saying he was coerced. Does that not override the signature?

Clem,
Don’t know. That is why I was looking for some opinions from our Catagory 5 types on here. That stuff facinates me and I read it like a cheap dime store novel yesterday.

So if Mrs. Bobby Bowden had been shtooping someone else during their marriage, and as long as Bobby wasn’t aware of it when it happened, he’d be fine with that too?

Dadgummit! It ain’t like he taught ’em how to cheat…

Agent Perrilloux will be very busy paring down the Al-Abama threat coming out of Tuscaloosia. He’s a freaking hero that doesn’t question his assignments. Respect that.

after quelling the Al-Abama threat, Agent Perrilloux will then proceed to eliminate the ABBA threat of producing a really bad movie from a really cheesy broadway musicial.

He’s more than just a hero, he’s one of those dudes from “Live and Let Die” who got escaped the wrath of Roger Moore’s karate chops and sweet cologone to find the good in stopping evil.

#22

Duress, lack of mutuality of obligations, fraud and several others elements are grounds for recession of a contract.

On a different note…as a resident of N. Alabama, I will sleep better knowing that Agent P. is on hand to prevent attack on Redstone Arsenal/Space and Missile Command.

What learned counsel for WFVU is getting at is that any oral modifications to the contract are probably inoperative, due to the “statute of frauds” and its cousins. He’s trying to point out that the things RR wanted weren’t on paper and thus not enforceable.

The problem he’s going to run into is that in life (unlike in law school), we think of liquidated damages clauses (here, a buyout) as blunt instruments that are often themselves unenforceable.

This made me think of lsufreek’s work.

http://www.youtube.com/watch?v=36lfTfTuj9g

now-a-hoo, yeah the statute of frauds wins in property, but a performance k is a different animal…and, while they couldn’t chain dickrod to a coach’s desk, he did sign and they have ascertainable damages as a result of his untimely departure…especially after the flirtation with blama last year. The extent of the damages and the value of the clause will be discussed between the parties until dickrod forks over his dog-eared and hilited copy of “She Comes First”, together with the stained and ripped bedsheets I mentioned a week ago, while discussing the age old tradition of barter…

Post Jagged Little Pill-Alanis category meta joke + Maize & Blue have me feeling a little bit like this today

Living in Huntsville, having Perilous Perrilloux just dow the road makes me very very nervous… I am going to start hiding my valuables and my alcohol as soon as I get home!
Never went to space camp, but do work for NASA

sb-
You’re probably right to a large extent, but the $4MM seems more punitive than anything, and that’s a no-no. I imagine the only reason WFVU used an actual number was because their att’ys wouldn’t let them say “INFINITY DOLLARS!”

It would be fun to try to prove $4MM was a reasonable, considered, nonpunitive number, though. I kinda envy the 1st-year who gets to write the rough drafts on that brief section.

I wonder if the DickRod suit is going to force booster groups to put all of their contributions in writing?

Lease car, guaranteed (paid) speaking engagements, co-ed performers, … what the….?

now_a_hoo-

Man, you’re not kidding.

“How did you decide on $4M as the value of the liquidated damages clause?”

“We took the number of people in WV, times the number of couches burned in 2000-2007, divided by 7, and added 34.”

“Oh.”

#31

 Would not the arguement be from the WFV side that the Statute of Frauds is applicable because it is a contract that would not be satisfied in less than a year, and in addition, it is a employment contract?
“MY LEGS”
 
If RR does not satisfy the burden of production and persuasion in relation to fraudulent inducement, would a Rule 50 (JMOL) not be appropriate?

The difficulty with the “inducement” defense is that the remedy is the rescission of the contract. That’s right kids. You put the parties back where they started as if the contract hadn’t been entered. Does dickrod really want to pay back that 7-figure salary he was pulling down while WFVU was performing under the contract he was fradulently induced to sign.

The statute of frauds issue really isn’t applicable. It will kick out a provision that, by its terms, can’t be performed in a year. Doesn’t matter that things didn’t actually come to pass in a year, because it was possible that dickrod could have walked out earlier.

I hate to admit it, but this back and forth on Rodriguez’s contract is genuinely interesting. Maybe I should have been a Category 5?

so, all this lawya-ing aside, what does the depo prove? who does it help? what do you lawyas think the outcome will be?

Well, as a Bama fan, and Coach Rod playing the role of the runaway bride, we dont feel bad for him…..
I am sure the longer that $4 bazillion dollars sits on ice, it accumulates an astronomical amount of interest……
the best closing tool yet….
WVU Attorney:-“Sir, is this your signature?”
Coach Rod—“Yes sir, it is”
WVU Att.—“Well then, you’re an owner—-cough up the 4 mill or we will light your wife’s hair on fire!”
Coach Rod—“I no habla english—please translate—I am a Es Spanol native and I did not have a translator present when I signed the contract….I meant no habla….I dont habla…”

JeffAU-I have to disagree about the statute of frauds: I’m not certain about the duration of the contract terms(haven’t read the contract), but the controlling number will be its length (say, a 5 year contract) not the amount of time that it could conceivably be broken in. Of course, DickRod still has a tough row to hoe (couch to burn? Wolverine to wrestle?) so this is far from over.

Group 5’s should just run a College Football legal roundtable while Orson’s away from now on.

The biggest deal is that dickrod signed a contract with a significant cost attached to leaving town. So what if 4mil$ is excessive…so was his salary…and it was contemplated and negotiated that if he left there would be significant damages and remuneration required to replace him.

The only reason this is going on is because dickrod apparently wanted out so badly that he failed to negotiate the payment of his buyout with Mich…or he got bad legal advice saying that the k had no validity…I get someone’s signature on a k saying you don’t perform and I get big $, I’m gonna litigate the hell out of it…it may prove unenforceable, but dickrod will spend a fortune to prove the unenforceability.

now-a-hoo @ #36…yeah, that first year is a) gonna get to read all the dirt, b) gonna become expert on all the current case law and statutory requirements, and c) become a performance contract expert and hire himself out to agents, athletes and coaches all over the country…$750 per hour plus expenses…out of town, $1500 per hour plus expenses…$20,000 earned retainer to discuss the matter at your choice of location…this is so cool in so many ways…and a wonderful world we live in…

To me, this is the killer line:

“It is mutually understood that this agreement contains all the terms and conditions to which the parties have agreed and there are no other understandings or representations, either oral or written, unless referenced in the preceding paragraphs. Regarding the subject matter this agreement shall be deemed to exist as a bond to the parties hereto. Any modification, amendment or addendum to this agreement shall be effective only if made in writing and signed by both parties.”

You lose based on that alone if you’re RichRod. Those things weren’t in the contract and you’re stupid to think that somebody’ verbal word will hold up in this case… sorry Rich. say goodbye to 4 mil.

I will be that performance contract expert, yes I will.

ryan @ #42…a deposition is dickrod’s answers to questions posed by the other side under oath…if his answers are as remarkably candid in the depo as described here he needs to fire his attorneys…also the depo answers will be used to provide basis for further discovery and to verify his responses in court, or to illustrate his prevarication on the stand, should that come to pass…i.e. “you say you thought you were signing your autograph? but here you said you were signing a contract you thought said something else…how do you explain that, mr. dickrod?”

Frickin’ lawyers…

Florida State is playing two 1-AA"s next year, and neither of them is Duke? Does that tie the conference record?

Well, I’m not a Cat. 5’er and am admittingly lost in your caveman lawyer world. I won;t let it stop me from making a bold statement though. However, if the conversation drifts towards the chemical composition of the ink on the paper and whether hydrogen bonding plays a part in the capillary action of the paper fibers to absorb the ink… or even towards the production of paper from the digestion of wood chips with sodium sulfate and sodium hydroxide in the presence of heat and pressure, the dewatering of the resulting pulp to form paper, let me know.

Otherwise, please refrain from charging your billable hours to any of my clients that may have yuo on the payroll, please.

Three n out- that doesn’t necessarily seal the deal. Illegal contracts are unenforceable. If the contract is unenforceable, that clause doesn’t mean squat.

Here is what WFVU’s attorney was getting at and why dickrod is in a tough spot: It is “a basic tenent of contract law that reliance on representations by a contracting party in a suit based on the contract is unreasonable where the representations are not contained in the subsequent written agreement between the parties.” See Barnes v. Burger King Corp., 932 F.Supp. 1420, 1428 (S.D. Fla. 1996). Moreover, a party may not justifiably rely on representations that explicitly contradict provisions of the contract. See id.

@51.

How is the contract illegal? Not refuting, just curious of my ignorance.

sb – I (masochistically) read the entire thing. While the judge apparently placed the subject out of bounds, there are a number of tell-tale signs that Michigan has agreed to indemnify RR for any or all of the $4,000,000 buyout/penalty/liquidated damages.

The deposition was highly repetitive. WV, which for some reason, brought 6 lawyers to it (how many briefcases did the lead guy need to have carried?), repeatedly asked RR if he read any of his various contracts before he signed them. The answer was always “yes.” Whenever RR would attempt to discuss “promises” made by WVU or its officials, the WVU attorney would go back to the signed-contract safe harbor.

Another “highlight” was RR’s discussion of the Larry Aschebrook affidavit. Aschebrook is the guy who – according to RR and Calvin MaGee – told MaGee he was getting the WVU head coaching job due to his skin color. Aschebrook denies this conversation occured and intimates that RR promised him a job if he would lie about it. RR claimed there were 22 lies in that affidavit.

Other minor stuff included the timing of the call the Tyrell Pryor, whether RR sped up his driver’s license application in Michigan to potentially avoid being sued in WV, and the timing of when RR or his people initiated contact with Michigan.

What I did find interesting is that there is a jury in this case. If it gets that far – unlikely – it will be interested to see what the factual issues that the jury will be deciding are. Almost certainly damages, but I am uncertain what other factual issues are in controversy.

threenout @ #46…the only problem is that it’s boilerplate contract language and in almost every contract that gets signed…like anything else, the “principle” of the matter is defined by the “principal” (balance) of the matter. Having not read anything but what is posted here I only see that this suit is about dickrod not wanting to pay what he said he would pay if he left and whether or not the contract trumps whatever he ‘thought’ it said or what he says he was told…the contract may help or hinder him dependent on his strategy.

This is so much fun…of course, we’re dealing with people reputations and lives…but they’ll only lose money and time…

As my understanding goes, WVU didn’t actually violate anything written, but instead violated a verbal agreement between dickrod and themselves.

The excerpt I quoted there says:

“there are no other understandings or representations, either oral or written, unless referenced in the preceding paragraphs”

He’s got no footing here. Rod has NEVER claimed that WVU violated any contract, only verbal promises and agreements. Which only counts horshoes and hand gre….

never mind.

Now… do I think he should pay it? No. I’d never sign a contract that made it where I have to pay money to quit. It’s dumb.

I don’t think it is a dispute about the legality of the contract…if both parties signed it, it is expected they both had it reviewed and that it reflected their mutual understanding of the agreements made. To say you signed an illegal contract and still received the payments required by the other side but deny your obligation to pay them under the terms therein is absurd.

paterno hospitalized

Dehydration – JoePa – too much chianti with BRAAAIINNSSSSS without the occasional glass of water.

seems ok and expects to still make a trip to Austin for dinner Fri with Mack.

mp @ #56…I hope JoePa comes through all right…I’d hate to see Bobba Bowden’s contract with Ol’ Scratch be so easily fulfilled…

The funniest part was when DickRod talked about his “private” website…for $90, you could have access to special reports written by his wife, Rita.

The best attorney line: (When DickRod couldn’t remember that he made $1,023,000 in 2006): If I made a million dollars, I think I would remember it.

Exactly what is a Masters in Safety? (DickRod has one)….

Sorry, left for a bit (to bill some hours). sb’s still right about most everything.

Nick Saban doesn’t have time for this shit:

http://sports.espn.go.com/ncf/news/story?id=3396589

Hence the reason he left the Big Ten…left without a conference championship or a championship of any sort.

First it was economics/business theory and now it’s contract law. Tomorrow it will be bunda. This is one bizarre cfb blog.

At least there’s LSUfreek to keep me sane.

RR’s legal team hopes to make allegations of inducement the Deus Ex Machina…and that dog will not hunt…per Barnes (Thanks OLB for the cite). I cannot think of anything, that would not be volitive of 801© or satisfy the exceptions, that would help support RR’s contention.

#61

Leave it to the Big Televen to concoct a scheme to slow EVERYBODY down.

P.S. When this passes, and your coaches take vacations to Florida, please remind them to quit checking out all the beach houses and drive the freaking speed limit on A1A. I gotta get to work, assholes.

64-

Beachfront Avenue?

Nick Saban will have time to thump tOSU in 2010, trust me. Saban and Meyer will no doubt oppose this sissified rule of recruiting….this aint Intramural recruiting, this is the SEC….we recruit to win, and we win at recruiting…..and we want our guys to win every footrace, especially if the cops are chasing them.

Purdue makes a small, but amusing FC score

http://www.indystar.com/apps/pbcs.dll/article?AID=/20080515/SPORTS0602/805150534

@61… wasn’t Fran crucified for something like that?

Tater, you knows it, and if they get their 2 weeks off I’ll be cooking HCs like a pound of bacon.

@46 and 55-

46 is on the right track. The parol evidence rule says that no oral representations will be admissible to alter or contradict the terms of the written document. So Dickrod can say “but they told me” in the deposition until he’s blue in the face but a jury will never hear it, and it may give rise to a summary judgment. That being said i have not read one word of the actual deposition. Oh and I’m a real estate lawyer so what the hell do I know anyway?

LSUfreek’s animated .gif has be pondering a similar concept starring Chuck E. Weis.

LSUfreeks Rick and Pete’s dancing goes along nicely with Metrostations “Shake It” song…….." come on shake shake shake sh-shake it…….."

Can’t believe I confused parole evidence and statute of frauds. Stupid “casefile method” contracts and immediately forgetting everything the moment I walked out of the bar.

Shake it off, 75. I’m sure you’re a fine advocate.

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…

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.

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.

1. - Just bill them all 15 minutes of your time for posting that here on the net.

Isn’t that what lawyas do?

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.

@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.

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!

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.

Wow… I feel like I could pass the bar after reading all 84 comments… fuck..

Tommy @ #85…at least the property/contracts section…

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.

@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.

1. - 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.

1. - 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

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!

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.

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…

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…

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.