CURIOUS INDEX, 5/15/08
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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!
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1
formerlyanonymous says:
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.
May 15th, 2008 at 9:46 am
2
Derk says:
where can i find all of lsu freek’s creations? these things are hilarious
May 15th, 2008 at 9:47 am
3
Kernel says:
I’ve been staring at that LSUFreek creation for about 5 minutes straight. It is positively mesmerizing.
May 15th, 2008 at 9:51 am
4
plastic paddy says:
LSUfreek makes me happy.
May 15th, 2008 at 9:52 am
5
DC Trojan says:
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?”
May 15th, 2008 at 9:55 am
6
ThreenOut says:
Here’s hoping and praying that Bobby Reid and RP somehow meet in the playoffs.
May 15th, 2008 at 10:01 am
7
Charlestownecock says:
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.
May 15th, 2008 at 10:06 am
8
Me says:
So, if Bobby doesnt know what is going on, did it happen?
May 15th, 2008 at 10:17 am
9
King Harvest says:
I like Rick’s tie…. Pete’s, not so much
May 15th, 2008 at 10:18 am
10
VandyJ says:
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.
May 15th, 2008 at 10:20 am
11
Out of Conference says:
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?
May 15th, 2008 at 10:24 am
12
Sundawg says:
Did I sleep through moustache Wednesday?
May 15th, 2008 at 10:25 am
13
Out of Conference says:
Not exacfly the way I wanted to see RP become a Gamecock….
May 15th, 2008 at 10:25 am
14
Signal to Noise says:
Nice job, LSUFreek. Slick Rick always had that “old lesbian” look to him to begin with.
May 15th, 2008 at 10:27 am
15
This Guy says:
Dude. LSUFreek.
That is all.
May 15th, 2008 at 10:37 am
16
txfan76 says:
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.
May 15th, 2008 at 10:38 am
17
Vol says:
So you’re saying your real job is interfering with the blog that typically interferes with my real job. Damn you, Swindle.
May 15th, 2008 at 10:46 am
18
Crabapple Buck says:
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.
May 15th, 2008 at 10:51 am
19
bamabob says:
I live in Huntsville, and knowing that “the six mother fucking million dollar man” is with 100 miles of me is positively frightning.
May 15th, 2008 at 10:59 am
20
CincySooner says:
“ah, LSUfreek, you always win…”
fixed
May 15th, 2008 at 11:08 am
21
ClydeB says:
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?
May 15th, 2008 at 11:14 am
22
shovel pass says:
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?
May 15th, 2008 at 11:22 am
23
WarCardinals says:
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
May 15th, 2008 at 11:28 am
24
Clem says:
Shovel Pass, also not a lawyer, but he seemed to be saying he was coerced. Does that not override the signature?
May 15th, 2008 at 11:32 am
25
shovel pass says:
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.
May 15th, 2008 at 11:36 am
26
Brian O'Blivion says:
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?
May 15th, 2008 at 11:39 am
27
sonofsamford says:
Dadgummit! It ain’t like he *taught* ‘em how to cheat…
May 15th, 2008 at 11:46 am
28
Allahver Fist says:
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.
May 15th, 2008 at 11:51 am
29
David Puddy says:
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.
May 15th, 2008 at 12:03 pm
30
CapstoneAlum says:
#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.
May 15th, 2008 at 12:04 pm
31
now_a_hoo says:
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.
May 15th, 2008 at 12:09 pm
32
sonofsamford says:
This made me think of lsufreek’s work.
http://www.youtube.com/watch?v=36lfTfTuj9g
May 15th, 2008 at 12:20 pm
33
sb says:
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…
May 15th, 2008 at 12:22 pm
34
WorstFan says:
Post Jagged Little Pill-Alanis category meta joke + Maize & Blue have me feeling a little bit like this today
May 15th, 2008 at 12:25 pm
35
maomatt says:
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
May 15th, 2008 at 12:29 pm
36
now_a_hoo says:
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.
May 15th, 2008 at 12:39 pm
37
Sundawg says:
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….?
May 15th, 2008 at 12:48 pm
38
Snowflake the Dog says:
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.”
May 15th, 2008 at 12:49 pm
39
CapstoneAlum says:
#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?
May 15th, 2008 at 12:56 pm
40
JeffAU says:
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.
May 15th, 2008 at 1:14 pm
41
DC Trojan says:
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?
May 15th, 2008 at 1:24 pm
42
ryan says:
so, all this lawya-ing aside, what does the depo prove? who does it help? what do you lawyas think the outcome will be?
May 15th, 2008 at 1:29 pm
43
Mr. Pelican Pants says:
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 $4 bazillion dollars sits on ice, it accumulates an astronomical amount of interest……
the best closing tool yet….
WVU Attorney:-”Sir, is this your signature?”
Coach Rod–”Yes sir, it is”
WVU Att.–”Well then, you’re an owner—cough up the 4 mill or we will light your wife’s hair on fire!”
Coach Rod–”I no habla english–please translate–I am a Es Spanol native and I did not have a translator present when I signed the contract….I meant no habla….I dont habla…”
May 15th, 2008 at 1:30 pm
44
Gary Moeller did what?! says:
JeffAU-I have to disagree about the statute of frauds: I’m not certain about the duration of the contract terms(haven’t read the contract), but the controlling number will be its length (say, a 5 year contract) not the amount of time that it could conceivably be broken in. Of course, DickRod still has a tough row to hoe (couch to burn? Wolverine to wrestle?) so this is far from over.
Group 5’s should just run a College Football legal roundtable while Orson’s away from now on.
May 15th, 2008 at 1:32 pm
45
sb says:
The biggest deal is that dickrod signed a contract with a significant cost attached to leaving town. So what if 4mil$ 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…
May 15th, 2008 at 1:42 pm
46
ThreenOut says:
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.
May 15th, 2008 at 1:51 pm
47
Snowflake the Dog says:
I will be that performance contract expert, yes I will.
May 15th, 2008 at 1:51 pm
48
sb says:
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…
May 15th, 2008 at 1:52 pm
49
chg says:
Florida State is playing two 1-AA”s next year, and neither of them is Duke? Does that tie the conference record?
May 15th, 2008 at 1:53 pm
50
Out of Conference says:
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.
May 15th, 2008 at 1:56 pm