Don't pay Schiano a penny. Make him sue......

#1
M

madbamahater

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#1
To hell with Schiano and him trying to hold UT hostage. Do NOT pay him ****. He supposedly signed a memorandum. Not a final contract. Parties have the ability to opt out obviously and that's what our fan base forced this incompetent administration to do.

If Schiano wants to try to squeeze blood out of a turnip make him try. Let him sue. If he wants to take it to that low life level. Let him. That'll just further prove we don't want his shyster ass in Knoxville.

Now, go hire a real coach who has had success in the South with recruiting, winning, culture, etc.

Sumlin, Kiffin, Petrino, Mike Leach (the only one not truly having coached in this region, but a FANTASTIC coach who literally fits in anywhere because he's so unique).

Plus a Mike Leach hire would piss off ESPN and I'm literally all in on pissing off ESPN......
 
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#3
#3
Doubt he wants to be deposed (edit damn autocorrect got me.)
 
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#5
#5
madbamahater said:
To hell with Schiano and him trying to hold UT hostage. Do NOT pay him ****. He supposedly signed a memorandum. Not a final contract.
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Even MOU's can have liquidation damages. I doubt Schiano gets a shot at another HC job now which is why he is PO'd.
 
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#6
#6
PrattvilleVol said:
Especially after just getting deposed.
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I started to make the same post but decided to just like his and move on... lol


He has a valid point though, even if he misspelled the word. I would think UT lawyers would hammer away at things many people would rather not come to light. That's the fun thing about depositions. You can go on a bit of a fishing trip and dredge up crap that has little to do with the case at hand.
 
#7
#7
The MOU is a legally binding document as long as it was signed by all involved parties.

We will pay, if we don’t, and he sues, we could be paying tens of millions of dollars in damages.

That’s if it was all signed, if it wasn’t, we’re off the hook.
 
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#8
#8
I don't like it, but we probably owe him money, and should pay it and go on.

Nothing he did was fraud. The fans rejected him, rightfully, but over claims that were public for more than 12 months ahead of time. Currie signed something as the University's valid athletic director.
 
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#9
#9
It's all a bluff by Schiano. He'll never sue, because he'll have to relitigate his knowledge of Jerry Sandusky's crimes.
 
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#11
#11
Technically, Schiano hasn't really done anything wrong - to be honest, I don't get this point. Maybe Tennessee should be looking at the people that made the decision instead of a third party.
 
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#12
#12
don't mess with the VN Greg...you'll lose every time...:)

PS. even though we're just dumb southern hicks...:eek:lol:

GO VOLS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
 
#13
#13
UT_Tix79 said:
The MOU is a legally binding document as long as it was signed by all involved parties.

We will pay, if we don’t, and he sues, we could be paying tens of millions of dollars in damages.

That’s if it was all signed, if it wasn’t, we’re off the hook.
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No it's not a legally binding document. You obviously are not a lawyer. Why post things that you don't know what you are talking about? I am a TX attorney.
 
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#14
#14
HwyChile said:
No it's not a legally binding document. You obviously are not a lawyer. Why post things that you don't know what you are talking about? I am a TX attorney.
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It is 100% a legally binding document if it has been signed by all parties involved. Do some research, ask some sports law attorneys.

We screwed the pooch on this one
 
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#15
#15
Read Barnes publicly available MOU. It is legally binding, and the language tells you so. In sports, the MOU is how every coach starts their job. Once it is signed, it outlines the legalities to get out of it.

The Actual contract is signed several weeks or months after employment begins.

But the MOU, once signed by all parties involved, is legally binding. Otherwise, the coach would not be able to begin employment
 
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#17
#17
HwyChile said:
No it's not a legally binding document. You obviously are not a lawyer. Why post things that you don't know what you are talking about? I am a TX attorney.
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Well, there’s lots of lawyers, probably should brush up on contract law...

“The purpose of an MOA is to have a written understanding of the agreement between parties. The MOA can also be a legal document that is binding and hold the parties responsible to their commitment or just a partnership agreement.Oct 30, 2015

A 'Memorandum of Understanding' is also known as an 'MOU'. MOUs are generally used to document a relationship of goodwill between the parties to the MOU. MOUs are generally not legally binding (however note that a MOU may be legally binding if it satisfies all of the six elements of a Contract).Apr 4, 2012

“The requisite elements that must be established to demonstrate the formation of a legally binding contract are (1) offer; (2) acceptance; (3) consideration; (4) mutuality of obligation; (5) competency and capacity; and, in certain circumstances, (6) a written instrument.”

Or try reading this from Marquette law...
https://law.marquette.edu/assets/sports-law/pdf/for-the-record/v21i1.pdf
 
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#18
#18
I just feel all parties screwed up here so The University owes Schiano money for making a blind decision not filully vetting his possible baggage. Schiano won't risk a huge lawsuit unless necessary as then he risk dragging his name through this longer and there are possibilities he lied to Currie that nothing in his past would hinder his future employment. And both parties will agree to drop it for a low settlement in terms of what big University settlements get to.
 
#19
#19
UT_Tix79 said:
The MOU is a legally binding document as long as it was signed by all involved parties.

We will pay, if we don’t, and he sues, we could be paying tens of millions of dollars in damages.

That’s if it was all signed, if it wasn’t, we’re off the hook.
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That may be the legal part, but there's also the reality part. Just as I saw this coming yesterday afternoon that there's no way this would go thru, there's no way he takes this to court. If this goes away, he coaches at OSt another year, and gets a job at another school as HC. If he takes it to court, public opinion will roast him, and he'll never get a HC gig. Many of these Hollywood accusations are decades old. His attachment to PSU will follow him further if he digs in...unless he's got a deposition from the guy who mentioned his name...and that guy's not going to enter the fray again.
 
#20
#20
I would expect there to be some sort of ethics section in the MOU. If GS failed to disclose the released testimony, then UT may be able to argue that he failed to properly notify them of potentially damaging information. GS no doubt knew of the existence of the released testimony and it is possible, though unlikely, that Currie did not.
 
#21
#21
Actually you both are right on the legal binding of MOUs. Some are legally binding, some are not. It all depends on what exactly is included in that said MOU. Considering we have not seen that said MOU tells me that none of us know if he deserves compensation or not.
 
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#23
#23
One report was that GS tore up the contract. If so, he probably wishes he hadn't now but I would say that is him walking away legally, no?
 
#24
#24
BallinVol said:
Actually you both are right on the legal binding of MOUs. Some are legally binding, some are not. It all depends on what exactly is included in that said MOU. Considering we have not seen that said MOU tells me that none of us know if he deserves compensation or not.
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Probably.

The problem though is the perception that Tennessee can't be trusted and follow through and that the fans are calling the shots. I am not sure that is a great perception to have at this point but it is what it is. I feel bad for all this going down like this.
 
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#25
#25
Honestly this isn’t Schiano’s fault. This is Currie’s fault. If we are legally bound to pay him a going away fee then so be it. This is all on Currie and he should be fired for this colossal cluster F immediately.
 
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