*****ESPN's Darren Rovell expects TN/Schiano settlement $$$

#52
#52
The currently sitting administration minus CPF / + Currie would have a much clearer perspective of the damage they’ve allowed/caused if they had to pay Schiano’s payoff out of their own pockets.
 
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#54
#54
gunner said:
If UT settles they have extremely weak attorneys. His past is so checked if they go to trial it would be extremely embarrassing for him. If he sticks his neck out they should chop it off.
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There are a lot of reasons defendants settle cases that aren't related to the strength of the case. UT would care about facts that could embarass them, for example. Without knowing exactly what happened, it's impossible to speculate just how embarassing, or how strong their motivation to settle would be. And though UT would be advised by their lawyers, it's the administration that would make the call.
 
#55
#55
If he tried to sue UT because the fans then there is not a school in America that will go after him as head coach again.Best thing for Schiano is to stay out of the news.
 
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#57
#57
I’d like to see the MOU language. Also if GS is still employed by Ohio State and will be retained there for the next season, failure to abide the MOU has not resulted in quantifiable, monetary damages to GS which he could seek from UT. Lastly, if Ms Davenport didn’t sign the MOU I wonder what within UTK’s policy and procedures that means. For instance, my diresct supervisor at work can sign contracts and I can witness, however if our board of commissioners did not grant authorization for the GM (my supervisor) to execute the specific document in question, his signature is meaningless.
 
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#58
#58
VolFan4Life87 said:
I’d like to see the MOU language. Also if GS is still employed by Ohio State and will be retained there for the next season, failure to abide the MOU has not resulted in quantifiable, monetary damages to GS which he could seek from UT. Lastly, if Ms Davenport didn’t sign the MOU I wonder what within UTK’s policy and procedures that means. For instance, my diresct supervisor at work can sign contracts and I can witness, however if our board of commissioners did not grant authorization for the GM (my supervisor) to execute the specific document in question, his signature is meaningless.
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Depends on the terms of the document, whether there are signature lines for parties who didn't sign, etc. Folks are speculating in a data vacuum.

Damages could also result from opportunities foregone.

UT's policies govern its employees, not people with whom it contracts. UT might be held to a contract made by an employee without authority, if it reasonably appeared that the employee was within his authority to execute the contract, and UT couldn't prove that the other party knew that the employee was acting outside his authority.

As stated before, nowhere near enough info to guess whether there's a legal obligation here for UT.
 
#59
#59
I'm not a lawyer, but I am trying to lay out what I think the argument is from Schiano's point of view.

A. Tennessee backed out of an agreement.

Why?

If it's the Penn State business, he will argue that there is defamation of his character which not only caused monetary damages and damage to his personal reputation, but that damage makes it more unlikely to gain future jobs which also hurts him financially.

He will argue that he was never charged with anything regarding PSU. One person (McQuery) mentioned him as having knowledge of an incident as hearsay only from a third party (Bradley). That third party denies Schiano having knowledge of the incident or saying what McQuery said he told him. Furthermore, not only was he not charged, he was never asked to testify or had any involvement in the legal proceedings of the people in that case who were prosecuted.

If it's for any other reason, they didn't have cause to back out of the agreement and he is owed compensation.

B. Even if we were to accept that McQuery's word is accurate and Bradley and Schiano are lying, it's not Schiano's fault Tennessee overlooked it and entered into an agreement with him.

Tennessee broke the agreement. Tennessee owes him money.

That's basically what I think his argument will be.

Now, since I am not a lawyer, I do not know if he has a case or not.
 
#60
#60
99gator said:
I'm not a lawyer, but I am trying to lay out what I think the argument is from Schiano's point of view.

A. Tennessee backed out of an agreement.

Why?

If it's the Penn State business, he will argue that there is defamation of his character which not only caused monetary damages and damage to his personal reputation, but that damage makes it more unlikely to gain future jobs which also hurts him financially.

He will argue that he was never charged with anything regarding PSU. One person (McQuery) mentioned him as having knowledge of an incident as hearsay only from a third party (Bradley). That third party denies Schiano having knowledge of the incident or saying what McQuery said he told him. Furthermore, not only was he not charged, he was never asked to testify or had any involvement in the legal proceedings of the people in that case who were prosecuted.

If it's for any other reason, they didn't have cause to back out of the agreement and he is owed compensation.

B. Even if we were to accept that McQuery's word is accurate and Bradley and Schiano are lying, it's not Schiano's fault Tennessee overlooked it and entered into an agreement with him.

Tennessee broke the agreement. Tennessee owes him money.

That's basically what I think his argument will be.

Now, since I am not a lawyer, I do not know if he has a case or not.
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As stated, we do not yet know if there was an enforceable agreement.

A defamation action would be separate, and based on a written or oral statement by the party to be sued.
 
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