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Message
A&M should just offer to indemnify the SEC
Posted on 9/9/11 at 9:22 am
Posted on 9/9/11 at 9:22 am
Haven't we been hearing about how big their endowment is all this time? (mine is too just ask my wife).
Seems to me like the SEC officials may be willing to accept an indemnity from A&M whereby they hold the SEC harmless from any Baylor (or Iowa State, etc) lawsuit that is filed. Let them open their checkbook for the defense and pay any damages that a court may award. That way they could come into the fold now and start prepping for 2012 SEC football rather than be in this eternal limbo while everyone waits for OU to move.
There are ways around this. To me this is the simplest solution. A&M, you want in and you're the cause of the mess with Baylor et al. Make sure we're safe due to you bolting the Big 12, and welcome to your new home.
Seems to me like the SEC officials may be willing to accept an indemnity from A&M whereby they hold the SEC harmless from any Baylor (or Iowa State, etc) lawsuit that is filed. Let them open their checkbook for the defense and pay any damages that a court may award. That way they could come into the fold now and start prepping for 2012 SEC football rather than be in this eternal limbo while everyone waits for OU to move.
There are ways around this. To me this is the simplest solution. A&M, you want in and you're the cause of the mess with Baylor et al. Make sure we're safe due to you bolting the Big 12, and welcome to your new home.
This post was edited on 9/9/11 at 9:24 am
Posted on 9/9/11 at 9:38 am to The Jackson 4
That's probably what they'll end up doing. I'm guessing that they already have the indemnification contract written up.
Posted on 9/9/11 at 9:40 am to The Jackson 4
It's a good idea and it would work if the potential damages in a successful suit were in the 20 million or so range. However, in the very unlikely case that a federal judge would send this case to a Waco jury, this is a several hundred million dollar case.
Baylor has been very smart in all of this. By refusing to sign the waiver, they have turned their biggest enemies into allies. Now there is no one with more at stake in ensuring the existence of the Big 12 post aTm than the SEC and Texas A&M University.
Baylor has been very smart in all of this. By refusing to sign the waiver, they have turned their biggest enemies into allies. Now there is no one with more at stake in ensuring the existence of the Big 12 post aTm than the SEC and Texas A&M University.
Posted on 9/9/11 at 9:42 am to The Jackson 4
quote:Except for the admittedly slim possibility that Baylor might win its lawsuit, then even if there isn't an economic hit on the SEC, there is the definite loss of prestige that would go with losing in court to a lowly Baylor.
Seems to me like the SEC officials may be willing to accept an indemnity from A&M
Posted on 9/9/11 at 10:06 am to JawjaTigah
As a state institution I'm told we can't necessarily indemnify the SEC. However we may be able to do it through the 12th Man Foundation.
Bottom line: It's a tricky situation, there are some hoops to jump through, and if it's allowable it has to be papered up a certain way....but we're working on it.
Bottom line: It's a tricky situation, there are some hoops to jump through, and if it's allowable it has to be papered up a certain way....but we're working on it.
Posted on 9/9/11 at 10:35 am to Enormous Codpiece
In Texas, a state institution cannot indemnify a third party, other than for acts committed by that state institution. So, A&M cannot indemnify the SEC, other than for the actions of A&M. A Baylor claim of tortious interference, although total BS, would not be the type of claim that A&M could indemnify the SEC against. It might be possible for the 12th Man Foundation to provide a defense to the SEC, but the TMF doesn't have the assets to make a credible indemnity agreement based upon the crazy numbers that Baylor would allege.
I understand the SEC being litigation averse, but allowing Baylor to hold this up much longer will set a really bad precedent in the future. We all know that expansion is coming at some point, and when it does, you don't want the Baylors and the Wake Forests of the world thinking they can throw a monkey wrench in the gears merely by threatening litigation.
I understand the SEC being litigation averse, but allowing Baylor to hold this up much longer will set a really bad precedent in the future. We all know that expansion is coming at some point, and when it does, you don't want the Baylors and the Wake Forests of the world thinking they can throw a monkey wrench in the gears merely by threatening litigation.
Posted on 9/9/11 at 10:40 am to twk
quote:
I understand the SEC being litigation averse, but allowing Baylor to hold this up much longer will set a really bad precedent in the future. We all know that expansion is coming at some point, and when it does, you don't want the Baylors and the Wake Forests of the world thinking they can throw a monkey wrench in the gears merely by threatening litigation.
If you guys would've had a pair last year... none of this would be going on.
Posted on 9/9/11 at 10:44 am to AUCE05
quote:
If you guys would've had a pair last year... none of this would be going on.
Not necessarily true. Baylor might still have gone ape shite crazy last year.
Posted on 9/9/11 at 11:12 am to AUCE05
I wish we had gone last year, but Ken Starr likely would have been throwing around litigation threats if we'd actually gotten to this point last year. Old dogs don't learn new tricks.
Posted on 9/9/11 at 11:21 am to twk
quote:
Haven't we been hearing about how big their endowment is all this time?
The Permanent University Fund in Texas has many layers of rules relative to accessing the money to protect it for the long term. Getting at the $ is very, very difficult and would never be allowed for something like this.
Posted on 9/9/11 at 3:10 pm to Dr Drunkenstein
For once I agree with a horn. My roommate at A&M is a past President of the board (now called Chairman) for the 12th Man Foundation. He told me that as a trustee those funds are trust funds and cannot be put in jeopardy no matter how frivolous the suit may be. Besides whose to say Starr doesn't require records back 5 years or so through discovery and if even one little email or conference memo suggests going after A&M, a Texas federal court could drag this out for years.
Posted on 9/9/11 at 3:19 pm to SEC Ag
I say let LSU indemnify them. Then we can just do like we did to TAMU when they wanted their money and tell em to blow it out their arse
I'd love to watch a Louisiana politician/lawyer vs Starr. That case would have everything.
I'd love to watch a Louisiana politician/lawyer vs Starr. That case would have everything.
Posted on 9/9/11 at 3:23 pm to WavinWilly
Wavin-you guys need to file suit first in a La. court for TI on Baylor for not allowing you to pick who you want in the SEC. With your courts you can't lose.
Posted on 9/9/11 at 3:29 pm to SEC Ag
quote:
With your courts you can't lose.
the court would wind up making baylor LSU-waco
Posted on 9/9/11 at 3:47 pm to WavinWilly
I think you might get the whole county, not just Baylor.
PS-you can have it too as far as we are concerned.
PS-you can have it too as far as we are concerned.
Posted on 9/9/11 at 3:59 pm to SEC Ag
My grandfather warned me to always be suspicious when a man offers you something for free.
Posted on 9/9/11 at 4:15 pm to WavinWilly
Oh crap! You have obviously seen Wacko Waco.
Posted on 9/9/11 at 4:33 pm to The Jackson 4
quote:
(mine is too just ask my wife).
I did. She denied it!
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