New Perspective on Schiano's MOU

#51
#51
It was made clear days ago that the school wouldn't have an issue with Schiano unless Davenport had signed the MOU and she didn't. If Hyams is still trying to make this a story he needs to stop and go find another story.
 
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#52
#52
SandoVOL said:
1707 still pulling for schiano? Why the fascination?
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This statement right here nails crazy Tennessee fans.......

I didn't even say that but in your mind you made that up and claiming it as a fact...... just wow
 
#53
#53
peytonmanningwoo said:
I was lambasted for suggesting we might end up paying Schiano 4 to 5 million of his 27 million dollar contract for breaking the MOU. Just now Hyams agreed it will likely be in the millions with his co-host after talking to "lots of coaches" about the situation.

Here is an interesting new perspective. Schiano may hold all the cards. People on VN speculated that Schiano wouldn't want to go to court. Hyams, on the other hand, thinks he WILL want to go to court to clear his name. It's an opportunity for him to show he has nothing to hide. Conversely, Hyams thinks Tennessee won't want to go to court and will try to settle. UT administrators will be asked pointed questions under oath about the role of boosters in the coaching search, something UT has tried very hard to keep quiet. The Schiano court case may end up revealing many of the details of this saga, unless Tennessee settles.
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Let's see now, which secret is bigger and more embarrassing? Boosters involved in a hire or man sees boy get raped and does nothing....

That is a toughie!!


Hyams or whomever said this is FOS and is simply stirring the pot as someone said earlier.

None of us have proof of either booster interference or Schiano's shower experience and neither does a local reporter.
 
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#54
#54
vols1707 said:
He deserves some $$$

How much idk

Smells of a settlement out of court.

The character assassination done on him by uninformed Tennessee fans and State officials was pretty bad.....
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Dont worry Greg, you will be able to keep your cushy job at OSU.
 
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#55
#55
I hope that TEE hangs 55 on the Ohio Schiano State University on 12/29/17 in the Cotton Bowl!

Too easy...

Next!

:D
 
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#58
#58
ru4real-really? said:
Hyams has no clue as to what is involved in getting the claim to the discovery (deposition) phase.

And believe me, it has no legs to get that far!

But just keep following Hyams!
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little something about sworn depositions. Just because you state it in a deposition does not make it true. A problem will only arise if you do not tell the same story to the judge. Thats what depositions are for!

Depositions only give the parties a glimpse of what you claim to be true. Again, what you claim to be true can be impeached in trial even though you swore to tell the truth in the deposition. You get caught in a lie, then your case has problems.

But, depositions do not clear anybody's name, especially if they are given by the dirty party!
 
#61
#61
This is a legal matter. Coaches don't know squat about law.If the MOU requires add't signatures then I'd say it's not enforceable. I'd just as soon get the advice of Taylor Swift about North Korea as I would a bunch of gossipy coaches.
 
#62
#62
WhiteRhino said:
On the flip side, he can be deposed on the whole Sandusky tie in and we can drag that to light. I bet he doesnt want that.
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I don't see what he'd have to be afraid of. The *only* connection to Sandusky is McQuery's testimony about it. And his testimony was nothing but hearsay. 15 years after it happened McQuery was testifying about a conversation in which something that supposedly happened 10 years prior that came up. That's as thin as thin can possibly get. The other party in the conversation denies it ever happened. The Pennsylvania AG found nothing and he charged basically anyone that was breathing and could reasonably be connected. Not a single victim sued or called Schiano to court. I agree Schiano was just another Haslam hand picked stooge and the wrong coach for UT but there is just nothing there to even remotely establish he knew about or covered up Sandusky's crimes.
 
#63
#63
I think you guys are missing the fact that Tennessee realased that Schiano was hired and would be announced and even gave the press conference time.....

This is where the main issue will hang. No it didn't have all the signatures, but Tennessee announced the hire and pending press conference
 
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#64
#64
ru4real-really? said:
it's the insurance companies lawyers that will answer the claim and have it dismissed!
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For anyone that doesn't have an umbrella policy, I urge you to get one if you have any money or assets.

It's the cheapest high dollar lawyers you can buy.
 
#65
#65
wmcovol said:
This is a legal matter. Coaches don't know squat about law.If the MOU requires add't signatures then I'd say it's not enforceable. I'd just as soon get the advice of Taylor Swift about North Korea as I would a bunch of gossipy coaches.
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What did Taylor say?
 
#66
#66
Hyams is a putz . . . First, an MoU is NOT a contract, only an outline for a formal contract, typically non-enforceable from a contractual standpoint - as in they don't hold enforceable clauses or defined clauses for enforcement. Contract law is very concise with very specific parameters that most MoU's fail to meet.

Secondly, do you think Shiano wants to go under oath to answer questions regarding what "he saw"? Because this will be covered in his deposition during the discovery process, any decent attorney from UT will open the line of questioning.

UT may chose to avoid litigation and pay but this is doubtful depending on the sum sought by Shiano however, the ball is in his court to determine how much pain he is willing to withstand.

Lastly, Hyams is a moron of the highest order.

GBO
 
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#67
#67
vols1707 said:
I think you guys are missing the fact that Tennessee realased that Schiano was hired and would be announced and even gave the press conference time.....

This is where the main issue will hang. No it didn't have all the signatures, but Tennessee announced the hire and pending press conference
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So I guess we'll be seeing you and peytonmanningwoo on the witness list for the Plaintiff's side then, what with the two of you knowing all there is to know about it.

Go Vols.
 
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#68
#68
vols1707 said:
I think you guys are missing the fact that Tennessee realased that Schiano was hired and would be announced and even gave the press conference time.....

This is where the main issue will hang. No it didn't have all the signatures, but Tennessee announced the hire and pending press conference
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If it's not "executed" it will have no effect until it is "executed."


but that is why contracts have dates. Look at your Homeowners Policy, It not only has the date, it also has the hour of the day.
 
#69
#69
vols1707 said:
I think you guys are missing the fact that Tennessee realased that Schiano was hired and would be announced and even gave the press conference time.....

This is where the main issue will hang. No it didn't have all the signatures, but Tennessee announced the hire and pending press conference
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Uhm, what? If he’s relying on a press conference announcement as proof a contract was properly executed, it’s clear the contract wasn’t properly executed.
 
#70
#70
vols1707 said:
I think you guys are missing the fact that Tennessee realased that Schiano was hired and would be announced and even gave the press conference time.....

This is where the main issue will hang. No it didn't have all the signatures, but Tennessee announced the hire and pending press conference
Click to expand...

Story written by Dan Wolken =/= formal announcement by the university.
 
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#71
#71
If UT announced their intention to hire Shiano to the media and he can prove damages, it wont matter if there were four signatures on the agreement or not.
 
#72
#72
vols1707 said:
I think you guys are missing the fact that Tennessee realased that Schiano was hired and would be announced and even gave the press conference time.....

This is where the main issue will hang. No it didn't have all the signatures, but Tennessee announced the hire and pending press conference
Click to expand...

Yep, that's could be a real problem.
 
#73
#73
txbo said:
If UT announced their intention to hire Shiano to the media and he can prove damages, it wont matter if there were four signatures on the agreement or not.
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Exactly..... sucks Tennessee is in this position.
 
#74
#74
WhiteRhino said:
On the flip side, he can be deposed on the whole Sandusky tie in and we can drag that to light. I bet he doesnt want that.
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How so? His agreement was with UT. UT approached him and offered him a job. Any vetting was the responsibility of UT. UT, in collaboration with OSU, was comfortable in that the 3rd or 4th party accusation was false and went forward with the agreement.
 
#75
#75
txbo said:
If UT announced their intention to hire Shiano to the media and he can prove damages, it wont matter if there were four signatures on the agreement or not.
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Show me some case law that says you can enforce a multi year coaching contract based on public statements without a properly executed contract, and then make an argument that he was damaged.
 
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