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West Virginia sues Former Coach Rich Rodriguez
Posted on 12/27/07 at 10:24 pm
Posted on 12/27/07 at 10:24 pm
2
Posted on 12/27/07 at 10:28 pm to Jackfish28
Rich back to WVU, Miles to Mich.
Posted on 12/27/07 at 10:51 pm to ZeeDustin
Is he going to hire Shapiro?
Posted on 12/27/07 at 11:00 pm to Paul Allen
It will not matter. Lets see a jury in West Virginia will give him a fair shake I am sure.
Posted on 12/28/07 at 12:14 am to Jackfish28
I had a feeling this would get ugly. I would like to hear a legal expert chime in on this. Any lawyers out there on this board?
Posted on 12/28/07 at 4:54 am to DetroitCity
i'm sure they'll negotiate it down to the orginal 2 mil before he renewed his contract last year
Posted on 12/28/07 at 7:00 am to BullMichael
Lawyer here. It's pretty simple (assuming no West Virginia legal quirks exist)-- if he signed a contract saying he had to pay the school $4m if he left, then he owes the school $4m.
I'm guessing that it's set up as a stipulated damages clause. There may be some unconsionability issues with the amount, but Rodriguez is going to owe something (possibly alot) unless the buyout gets negotiated down. I'm sure there are other things going on in the contract and in the surrounding facts that we don't know about that could change things. But, without anything else, it looks like he's going to owe.
Also, before anyone asks why can't Michigan just pay the $4m for him, paying someone's debt on their behalf is taxable income to the debtor. If Michigan paid the whole thing, Rodriquez would owe income tax on the $4m.
I'm guessing that it's set up as a stipulated damages clause. There may be some unconsionability issues with the amount, but Rodriguez is going to owe something (possibly alot) unless the buyout gets negotiated down. I'm sure there are other things going on in the contract and in the surrounding facts that we don't know about that could change things. But, without anything else, it looks like he's going to owe.
Also, before anyone asks why can't Michigan just pay the $4m for him, paying someone's debt on their behalf is taxable income to the debtor. If Michigan paid the whole thing, Rodriquez would owe income tax on the $4m.
Posted on 12/28/07 at 7:28 am to dinner roll
quote:
Also, before anyone asks why can't Michigan just pay the $4m for him, paying someone's debt on their behalf is taxable income to the debtor. If Michigan paid the whole thing, Rodriquez would owe income tax on the $4m.
You gotta love the IRS! They always get their money! RR is saying that WVU didn't bargain in good faith when they renegotiated his contract last year after his flirtation with BAMA. WVU promised to upgrade the football facilities, stadium etc. RR doesn't think they followed thru with their side of the bargain. I think many WV boosters agree with RR and are very very pissed with WVU.
This post was edited on 12/28/07 at 7:34 am
Posted on 12/28/07 at 8:26 am to sabbertooth
What I wonder is what kind of legal advice Rich is getting? You know he already knew before he took the Michigan job that they would probably come after the 4 million. They put it in the contract for a reason. Maybe he thinks he can settle with them for half and he can live with that.
Posted on 12/28/07 at 10:55 am to kevg33
Its gonna get ugly in Morgantown. This thing with Rod ain't close to being over.
Posted on 12/28/07 at 11:36 am to Jackfish28
about damn time. I'm glad WV sued him. Its about time these mercs are forced to honor their contracts, including buyouts. Maybe that will slow down the salary race somewhat.
I had enough friends who couldn't go to work for Skytel, Worldcomm, or other telecom companies because they worked for someone like cingular who stuck them with a noncompete clause in their contracts. too bad for RR.
I had enough friends who couldn't go to work for Skytel, Worldcomm, or other telecom companies because they worked for someone like cingular who stuck them with a noncompete clause in their contracts. too bad for RR.
Posted on 12/28/07 at 12:44 pm to dinner roll
quote:
Lawyer here. It's pretty simple (assuming no West Virginia legal quirks exist)-- if he signed a contract saying he had to pay the school $4m if he left, then he owes the school $4m.
Dinner Roll, could there be an out for him due to the University not living up to their end of the contract? I have heard and read a few stories where he was upset with the university for not making the changes with the facilities, coaches pay, etc. and felt like they had mislead him. Also heard that there were numerous boosters very upset with WVU for not making these changes so as to keep RR. We he have any type of recourse whatsoever if they mislead him and he can prove it?
Posted on 12/28/07 at 1:51 pm to tigerchad11
Yeah but I doubt the Univ. promises are in black and white like his buy out is.
Posted on 12/28/07 at 2:00 pm to kevg33
True.
Posted on 12/28/07 at 2:31 pm to dinner roll
quote:
if he signed a contract saying he had to pay the school $4m if he left, then he owes the school $4m.
We would all be out of business if the legal system was that black and white.
Posted on 12/29/07 at 11:58 am to tigerchad11
quote:
Dinner Roll, could there be an out for him due to the University not living up to their end of the contract?
it would have to explicitly be in writing for rodriguez to claim this is a breach ... word of mouth -- i.e. a loose verbal contract between rod and the administration wouldn't likely hold up in court .. particularly in the state of west virginia ... this thing will likely get settled for half or less out of court or would go to trial, jury rules in the university's favor and rod's legal crew appeals the verdict ... they'll have it tied up long enough for rod to stick that much jack in the bank in his michigan deal in case he loses ..
ETA: i think rod's just rolling the dice here that he can win this thing and if he loses .. worst case scenario, he may have to pay the thing three or four years down the road and will have plenty of $$$ to do that with then ..
This post was edited on 12/29/07 at 12:00 pm
Posted on 12/29/07 at 12:18 pm to TigerGrl73
quote:
I'm sure there are other things going on in the contract and in the surrounding facts that we don't know about that could change things.
TG, I think you missed this part.
Posted on 12/29/07 at 6:32 pm to tigerchad11
Has anyone seen the actual contract? News reports have a way of oversimplifying legal issues in the unlikely event that they state them correctly.
Sometimes contracts are on the internet at sites like FindLaw.
Sometimes contracts are on the internet at sites like FindLaw.
Posted on 12/30/07 at 9:55 am to Hoya Saxa
I heard yesterday that Beilein, the basketball coach, had the same issue. He was FURIOUS at his agent about the wording in his contract, and had to pay. It amazes me that he signed it without knowing the risk.
RR will have to pay. It may not be the entire $4mil, but it will be large.
RR will have to pay. It may not be the entire $4mil, but it will be large.
Posted on 12/30/07 at 6:43 pm to TigerGrl73
quote:
We would all be out of business if the legal system was that black and white.
esp contract and criminal law
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