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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51
Snowflake the Dog says:
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.
May 15th, 2008 at 1:56 pm
52
OLB says:
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.
May 15th, 2008 at 2:02 pm
53
ThreenOut says:
@51.
How is the contract illegal? Not refuting, just curious of my ignorance.
May 15th, 2008 at 2:07 pm
54
maskedavenger says:
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.
May 15th, 2008 at 2:09 pm
55
sb says:
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…
May 15th, 2008 at 2:09 pm
56
ThreenOut says:
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.
May 15th, 2008 at 2:16 pm
57
sb says:
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.
May 15th, 2008 at 2:17 pm
58
mp says:
paterno hospitalized
May 15th, 2008 at 2:21 pm
59
Out of Conference says:
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.
May 15th, 2008 at 2:27 pm
60
sb says:
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…
May 15th, 2008 at 2:28 pm
61
hobeg8r says:
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)….
May 15th, 2008 at 2:40 pm
62
now_a_hoo says:
Sorry, left for a bit (to bill some hours). sb’s still right about most everything.
May 15th, 2008 at 2:50 pm
63
TAFKastOSUB says:
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.
May 15th, 2008 at 3:02 pm
64
Because They Can says:
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.
May 15th, 2008 at 3:11 pm
65
CapstoneAlum says:
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(c) or satisfy the exceptions, that would help support RR’s contention.
May 15th, 2008 at 3:19 pm
66
Allahver Fist says:
#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.
May 15th, 2008 at 3:19 pm
67
Tater Salad says:
64-
Beachfront Avenue?
May 15th, 2008 at 3:25 pm
68
Mr. Pelican Pants says:
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.
May 15th, 2008 at 3:37 pm
69
CincySooner says:
Purdue makes a small, but amusing FC score
http://www.indystar.com/apps/pbcs.dll/article?AID=/20080515/SPORTS0602/805150534
May 15th, 2008 at 3:44 pm
70
ThreenOut says:
@61… wasn’t Fran crucified for something like that?
May 15th, 2008 at 3:47 pm
71
Allahver Fist says:
Tater, you knows it, and if they get their 2 weeks off I’ll be cooking HCs like a pound of bacon.
May 15th, 2008 at 3:57 pm
72
Vol says:
@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?
May 15th, 2008 at 3:57 pm
73
Allahver Fist says:
LSUfreek’s animated .gif has be pondering a similar concept starring Chuck E. Weis.
May 15th, 2008 at 4:03 pm
74
Mr. Pelican Pants says:
LSUfreeks Rick and Pete’s dancing goes along nicely with Metrostations “Shake It” song……..” come on shake shake shake sh-shake it……..”
May 15th, 2008 at 4:03 pm
75
now_a_hoo says:
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.
May 15th, 2008 at 4:30 pm
76
Vol says:
Shake it off, 75. I’m sure you’re a fine advocate.
May 15th, 2008 at 4:43 pm
77
Vol says:
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…
May 15th, 2008 at 4:48 pm
78
Vol says:
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.
May 15th, 2008 at 4:50 pm
79
Yinka Double Dare says:
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.
May 15th, 2008 at 5:01 pm
80
NewAZTiger says:
#78 – Just bill them all 15 minutes of your time for posting that here on the net.
Isn’t that what lawyas do?
May 15th, 2008 at 5:04 pm
81
Studley says:
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.
May 15th, 2008 at 5:39 pm
82
hunglikehussain says:
@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.
May 15th, 2008 at 6:36 pm
83
tapout says:
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!
May 15th, 2008 at 6:58 pm
84
sb says:
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.
May 15th, 2008 at 8:37 pm
85
Tommy Bowden's Mancrush says:
Wow… I feel like I could pass the bar after reading all 84 comments… fuck..
May 16th, 2008 at 1:54 am
86
sb says:
Tommy @ #85…at least the property/contracts section…
May 16th, 2008 at 7:24 am
87
Vol says:
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.
May 16th, 2008 at 7:29 am
88
JeffAU says:
@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.
May 16th, 2008 at 7:35 am
89
Out of Conference says:
#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.
May 16th, 2008 at 7:50 am
90
hobeg8r says:
#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
May 16th, 2008 at 8:16 am
91
sb says:
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!
May 16th, 2008 at 9:08 am
92
JeffAU says:
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.
May 16th, 2008 at 10:17 am
93
sb says:
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…
May 16th, 2008 at 10:26 am
94
hobeg8r says:
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…
May 16th, 2008 at 11:05 am
95
DC Trojan says:
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.
May 16th, 2008 at 11:21 am