Interesting Nugget In Titans' Complaint Alleging Kiffin Offering "Other Incentives" To Recruits
by Chicago Bruin on Jul 26, 2010 5:49 PM PDT
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In the court filed complaint (PDF) against Lamey and the Trogans, the Tennessee Titans are justifying why the suit should be conducted in the State of Tennessee (page 3 section 7) by noting the following:
“USC has previously been registered with the State of Tennessee to do business within the state; USC and Kiffin have engaged in recruiting student athletes residing in Tennessee to enroll at USC and participates in its sports program by offering scholarships and other incentives…”
Question: What other incentives are being offered to the recruits from Tennessee?
Do the Titans know something we should all know? Can we look forward to some depositions and discovery?
This is a FanPost and does not necessarily reflect the views of BruinsNation's (BN) editors. It does reflect the views of this particular fan though, which is as important as the views of BN's editors.
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Also, it's the location of the tort.
I think they have jurisdiction in Tennessee. Should be pretty simple.
statute
tennessee has a very broad longarm statute. maybe the lawyers are just trying to show that USC availed themselves of the state, thus subjecting them to personal jurisdiction as well as subject matter jurisdiction (for the reason highlighted by Fox 71).
They seem to make the most points about PJDX
Such minimum contacts with the forum state whose exercise of personal jurisdiction does not offend traditional notions of fair play and substantial justice.
Man, this “stuff” is jammed in my head.
EGO TROIORUM MALLEUS SUM
Like Fox and bruin2008 said
This language is just to establish USC as subject to Tennessee’s jurisdiction. The other incentives can be as simple as meal plans, textbooks, warmup suits, and the other things that go along with being a scholarship athlete.
This is not something that’s gonna go away quick though. The Titans are using the principal partner of the largest law firm in Nashville and are using as evidence the manner in which Ed Orgeron, Monte Kiffin, and Willie Mack Garza’s contracts were breached when they left UT.
I’m beginning to think that we (UT) would have a similar case but I really prefer we just let USC’s ship sink on it’s own tbh. Most of us are done with the whole situation, but we now see how Kiffin is the gift that keeps on giving. :/
"I condone fun things" ~~ Cortland Finnegan
Hello ladies. Look at your man, now back to me, now back at your man, now back to me. Sadly, he isn't me.
Just read the actual copy of the lawsuit
And I see that the “other incentives” part of it has nothing to do with UT but is about what USC offers, so forget meal plans and warmups, it’s probably cars and crack.
"I condone fun things" ~~ Cortland Finnegan
Hello ladies. Look at your man, now back to me, now back at your man, now back to me. Sadly, he isn't me.
Brian, you understand how happy we all are that you got rid of Lame
You guys are good, honorable people, and when you announced that you were marrying a hooker, we all had to just smile and look the other way. Now that Lame is gone, we couldn’t be happier for you. So don’t sue him. What if you won and a judge ordered you to take him back.
I am hoping that at least one depo gets taken before this thing ends. Under California law, the credibility of a witness is always an issue, and in a deposition, the standard is that you can ask any question that would tend to lead to the discovery of admissible evidence. There is law that says fishing expeditions are OK. The Titans’ lawyers undoubtedly know this. So they can go hither and yon in crossing good old Lamey and ask anything to set up an attack on his credibility. For example, I think the Titans have alleged some sort of pattern and practice, so they can ask about things tending to lead to the discovery of admissible evidence in that area. The lawyer can get into everything that might tend to prove Lame is a liar about football things.
I am guessing
The Trogans will settle after the judge dismisses their MSJ. The more I read about this, the more I think they are not going win at the pleadings stage. They are going to be desperate and there is no way they will want to go to trial.
Will they have an option?
I’m not a lawyer, nor do I play one on TV, but I saw in the suit that the Titans want a jury trial and nothing else. No punitive damage amount is listed, just that they want a trial which will obviously expose Lane Kiffin for what everyone already sort of knows anyway.
"I condone fun things" ~~ Cortland Finnegan
Hello ladies. Look at your man, now back to me, now back at your man, now back to me. Sadly, he isn't me.
Don't read too much into the complaint
It was probably drafted by the most junior of junior associates (because that’s what they do.) Both sides always demand a jury, because in some jurisdictions and in the Federal Court, you have to demand a jury at the outset or you’re deemed to have waived it. Plaintiffs always want juries, because every plaintiff’s lawyer believes he can pursuade any jury to give him anything he wants. Defendants always want juries, because they’re generally afraid of a judge – my old boss used to say that you only have to convince three-quarters of a jury but one hundred per cent of a judge.
I agree that it probably won’t go to trial, because 95% of cases don’t. I don’t think this is going to get knocked out on summary judgment, because it’s relatively easy to raise a triable issue in a “he said – she said” case, which this one is going to turn out to be. You can bet that the trogans will do everything in their power to avoid responding to discovery, will move for protective orders, and will do whatever they have to do to keep Lame and Mike Garrett from being deposed. In my opinion, that’s where the fight is going to be in this case. I think that just$c* will pay any price if they can’t keep the depositions from being made public. Just my opinion.
I agree
There is a good chance that this suit was brought because the Titans know that SC will settle before discovery. SC will fight jurisdiction, and lose, and file an MSJ, and lose, before settling for an undisclosed figure.
If there are any Tenn attorneys, it would be nice to know the elements of all the claims here. In CA, we have intentional interference with a contract and negligent interference with a contract. It may be hard to pin intentional interference in this case, but willful ignorance = intention in CA.
I wonder if all of this mess is what Kiffy was referring to in his press conference about having a plan? He’s turned SUC into a soap opera.
by AllHailMightyBruins on Jul 27, 2010 7:08 AM PDT up reply actions
I like the Titan's chances of proving intent
As I understand the facts, Lame went after someone on the Vikings, but called the Vikings front office first. That to me shows that he knew he at least should have known to make that first. He was also head coach in Oakland, and should be presumed to know that coaches are under contract, and what those contracts generally say. He knew that Pola was under contract to the Titans (that was in the paper, surely). He knew he was asking someone to breach a contract. That’s a tort. I’m not the greatest trial lawyer in the world, but I think I could convince a jury that Lame intended to interfere with a contract which he knew existed.
Jury Trial
Can you imagine Kiffin walking into a Tennessee Court with a jury full of orange-clad Volunteer faithful? PLEASE GO TO TRIAL!!!!!!
Thanks for the kind words
The water and vinger filled applicators over at Conquest ChonicLOLs seem to think we’re still slave holders without shoes or electricity, which of course makes no sense because the lead water and vinegar filled applicator of the bunch has put a 5-day waiting period on joining that awful place so no UT fans can rebut their poorly written nonsense.
I will be the first to admit that we bought into Kiffin’s manipulative nonsense when he came in, but I think it was a “perfect storm” kind of deal as we’ve been the butt of jokes about whatever for years and Phil Fulmer, whom I still love, would never say a word. We finally had somebody to talk back to people and that kind of energized the fan base. Now that we see he could not have backed it up and would have never been able to, we all feel dirty for having been associated with him.
"I condone fun things" ~~ Cortland Finnegan
Hello ladies. Look at your man, now back to me, now back at your man, now back to me. Sadly, he isn't me.
SUC's Legal Department...
…must be becoming a growth industry. They’ll need extra lawyers to deal with Lame, who seems to have the IQ of a radish.
by TriedandTrueBruin on Jul 27, 2010 11:36 AM PDT reply actions
The IQ of a radish
and all the dirt.
Nice one.
But hey, what do I know. I’m just the 800 lbs bruin in the room.
Best Quote of the Day
“And this is not a slight against Pola; he did what he was supposed to when one is presented with what looks like a better job. You man up, tell your current employer that the grass is suddenly greener, you shake hands, and you move on. It happens every day. Unfortunately, what also seems to happen just about every day is another example of Lane Kiffin doing the wrong thing … even when the right thing is easier.”
Rest of the article is here.
The deposition questions I would like to ask
#1. Mr. Kiffen, what did you or your fellow recruiters tell your potential recruits about the posibility of NCAA sanctions?
#2. Mr Kiffen, what did you know about the potential for NCAA sanctions at that time?
Objection! Not relevant to his dealings with Pola
Objection overruled. This goes to credibility. If Lamey has lied in the past, it is relevant to whether he’s lying now.
(It’s not as simple as all that. There are peculiar rules about character evidence, and this get close to character. That’s in California – I don’t know beans about Tennessee law (although I stayed at a Holiday Inn in Nashville once.)
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