Bob shoop sued by PSU

#126
#126
YorkVol said:
Not really. If he agreed to pay if PSU's defense sucked or the school somehow lost revenue due to his departure, then he should only pay if those things happened. They didn't. Just because Penn State says he owes it doesn't make it true.
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The contract Shoop signed says he owes the money if he voluntarily leaves for anything other than a head coaching position. And it's worth noting that Shoop is not arguing that the contract isn't valid or enforceable, except that he signed it under duress.

The real problem with America shown by thus situation is the lack of journalistic effort. No one bothered to look at the contract and report on the facts of the matter, they just took the easy way out. It took some lawyers on Reddit to explain the actual facts of the matter.
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Deadspin actually put the entire contract online when they reported on the suit.

Link
 
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#127
#127
volfannbama said:
Id go with that. Curious as to why he is saying he was fired?
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Boca Vol said:
If he was fired (which he wasn't) then he wouldn't owe anything. Hell, he'd probably wind up with PSU owing him money if that were the case.
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Shoop's counterclaim requests a bonus that would have been due him had he not been constructively terminated.

While several on here are saying that the contract is "vague" or "poorly worded," that is not at all what Shoop's counterclaim is arguing. Shoop is claiming that the contract is absolutely valid and enforceable, but that it was Penn State that breached it.
 
#128
#128
butchna said:
Language of the contract makes that vague. He's letting the court decide what that amount is. I hope it's zero and that Penn State gets no money. Then I will be happy and I will smile. :)
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How was the language of the PSU contract vague? I know very little about contract law but it looks pretty clear.
 
#130
#130
Boca Vol said:
How was the language of the PSU contract vague? I know very little about contract law but it looks pretty clear.
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Recompensation and what triggers it. Wasn't cut and dry imo. Not a legal study myself...don't have to be on here. :)
 
#131
#131
volfannbama said:
You atleast have to admit it makes him look stupid? Most people are not diving into the legal language. They just see Shoop saying something everyone knows isnt true.
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Don't have to admit anything. Looks like a legal dispute over six figures. If his lawyer can reduce it or even better ELIMINATE? He'd be STUPID not to do it. :) How much did you agonize over Chavis recruiting for A&M whilst still legally employed by LSU? Good for him or bad for him...don't care. "Most people" have their own problems.
 
#133
#133
butchna said:
Don't have to admit anything. Looks like a legal dispute over six figures. If his lawyer can reduce it or even better ELIMINATE? He'd be STUPID not to do it. :) How much did you agonize over Chavis recruiting for A&M whilst still legally employed by LSU? Good for him or bad for him...don't care. "Most people" have their own problems.
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Dont care what Chavis did at tam or lsu cause im not a fan of theirs. I believe people should pay what they owe and being a coach at Tennessee doesnt chamge that. If he gets is legally reduced, good for him, but dont lie about it and say you were fired.
 
#134
#134
volfannbama said:
Dont care what Chavis did at tam or lsu cause im not a fan of theirs. I believe people should pay what they owe and being a coach at Tennessee doesnt chamge that. If he gets is legally reduced, good for him, but dont lie about it and say you were fired.
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But did Chavis look STUPID? Don't remember? Don't care? Welcome to the conversation. :) This is business...yay football!
 
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#135
#135
As I recall, the empl transfer was pretty amicable b/w all parties (I don't recall any public bickering). Looks now like the tenn contract should have been more like 245k base + 1.100.000m supplem (instead of 905k) -- since/if we wanted coach so badly, then this would have allowed coach to repay the approx 445k per year for those remaining 2 yrs. on his contract with the penn guys, and still earn the same 850k for the remaining 2 yrs that he was making up yonder, and then move on from there. We went to '016 bowl so there's that money that can be applied, but if coach was banking on potential bonuses for reaching SEC or NC games, well, that didn't work out as expected.
 
#136
#136
OrngeJuiceJones said:
The dud wasn't his fault that over half our defensive 3 deep roster was hurt and missed games, some missed significant practice and game time.
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from the opening game until all the injuries you referenced hit he still looked like a dud. we had to fall on a fumble in the end zone in over time to beat App. State. he had all his players then.
 
#137
#137
Darth_Shiveman said:
Shoop is definitely getting advice not to pay from his lawyer and/or agent. No reason not to pay up otherwise.

I encourage anybody with more legal knowledge than I to step in and correct me if I'm wrong, but...


I've seen some legal chatter about the way the language of his contract is worded concerning "liquidated damages" being extremely hard to enforce. Usually, liquidated damages cannot legally be enforced as a penalty to the party who breaks the contract. Liquidated damages are put in place in case the the party who breaks the contract causes the contracting party to lose money.


So basically, for PSU to be able to legally compel Shoop to pay the ~900K(a large chunk of that being the liquidated damages...50% of his remaining contract) they claim he owes, they'd have to be able to prove that his leaving PSU caused them to lose that amount of money.


Seeing as they still had a solid defense in 2016 and a more successful season overall than in 2015, it would be really, really hard to prove.



So it seems likely that this will ultimately be settled and Shoop will basically be able to pay a discounted rate at a much better price.
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Wow. Some actual knowledge in a thread. Thanks! :hi:
 
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#139
#139
Sadly he doesn't have a case here. Contract states that he owes the money unless he becomes a head coach within 1 year of leaving. He didn't, and he's now refusing to pay.

That's why PSU is suing now and not when he left, he thought he would have a great season and get a head coach offer somewhere, instead he sucked it up, and doesn't want to pay. I have no sympathy for him, he's screwing himself for any future contracts with his actions
 
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#140
#140
UT_Tix79 said:
Sadly he doesn't have a case here. Contract states that he owes the money unless he becomes a head coach within 1 year of leaving. He didn't, and he's now refusing to pay.

That's why PSU is suing now and not when he left, he thought he would have a great season and get a head coach offer somewhere, instead he sucked it up, and doesn't want to pay. I have no sympathy for him, he's screwing himself for any future contracts with his actions
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Like Chavis? Unhireable? :) If this defense performs to his usual standards, the line forms to the left for schools that would hire him. Petrino humiliated himself, his family and his school and was back to the original school that he screwed in no time. Contract disputes have been around forever.
 
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#141
#141
UT_Tix79 said:
Sadly he doesn't have a case here. Contract states that he owes the money unless he becomes a head coach within 1 year of leaving. He didn't, and he's now refusing to pay.

That's why PSU is suing now and not when he left, he thought he would have a great season and get a head coach offer somewhere, instead he sucked it up, and doesn't want to pay. I have no sympathy for him, he's screwing himself for any future contracts with his actions
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You got it. He thought he would be a HC and it did not happen.
 
#142
#142
butchna said:
Like Chavis? Unhireable? :) If this defense performs to his usual standards, the line forms to the left for schools that would hire him. Petrino humiliated himself, his family and his school and was back to the original school that he screwed in no time. Contract disputes have been around forever.
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How did his defense perform last season?
 
#144
#144
YorkVol said:
Not really. If he agreed to pay if PSU's defense sucked or the school somehow lost revenue due to his departure, then he should only pay if those things happened. They didn't. Just because Penn State says he owes it doesn't make it true.

The real problem with America shown by thus situation is the lack of journalistic effort. No one bothered to look at the contract and report on the facts of the matter, they just took the easy way out. It took some lawyers on Reddit to explain the actual facts of the matter.
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ARE you saying Shoop's CONTRACT only applies if PSU loses revenue or their defense sucks? Doubt it.
 
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