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Started By
Message
re: John Chavis sues LSU and aTm
Posted on 2/27/15 at 8:21 pm to LL7
Posted on 2/27/15 at 8:21 pm to LL7
quote:
John Chavis sues LSU and aTm I'm not an attorney but how is venue proper in a Texas court. The contract was entered into in Louisiana. I'd imagine it has a provision that any disputes will be decided according to Louisiana law. I understand that Chavis went to Texas but I don't understand why a Texas Court would have jurisdiction over a contract entered into in Louisiana between a Louisiana institution of higher learning and a Louisiana resident. Perhaps an attorney can explain this.
That contract should have a clause mandating that jurisdiction and venue for any dispute over it's performance is in EBR. And if it doesn't, LSU's legal counsel needs to be replaced.
1
Posted on 2/27/15 at 8:34 pm to LSUfan4444
Will Sumlin's pool boy be summoned to testify??
This post was edited on 2/27/15 at 8:37 pm
Posted on 2/27/15 at 8:38 pm to Stuttgart Tiger
quote:
He'll dominate the trialquote:lose it at the end.
but
Gold Jerry Gold
Posted on 2/27/15 at 8:46 pm to nicholastiger
quote:
Lsu needs to take the high road on this one and let it go
Not just no, but hell no. I'd fight this fat piece of crap as far as I could take it.
And I'm confident LSU will win, even if it takes a third court ruling. We all know what happens on third-and-Chavis.
Posted on 2/27/15 at 8:55 pm to OTIS2
OTIS2 -
I was about to type this. If there is not a provision in the contract mandating jurisdiction, LSU should replace its entire legal counsel. This is Law School 101
quote:
That contract should have a clause mandating that jurisdiction and venue for any dispute over it's performance is in EBR. And if it doesn't, LSU's legal counsel needs to be replaced.
I was about to type this. If there is not a provision in the contract mandating jurisdiction, LSU should replace its entire legal counsel. This is Law School 101
Posted on 2/27/15 at 9:14 pm to silstang23
quote:
He's got balls suing his current employer
makes for long term relationship
Posted on 2/27/15 at 9:15 pm to nicholastiger
quote:
Lsu needs to take the high road on this one and let it go
So you must be his attorney
Posted on 2/27/15 at 9:20 pm to LSUfan4444
quote:
On January 5, Chavis says he turned in this 30-day notice to terminate the contract without cause, making his last day February 4.
what makes people think he quit before this date?
What constitutes taking a new job? Is it a conversation? How many DC candidates did LSU talk to before signing one to a contact.
LSU is not owed any money in my opinion.
Posted on 2/27/15 at 9:28 pm to novabill
quote:
what makes people think he quit before this date?
Because course of conduct matters in addition to just technical compliance.
Posted on 2/27/15 at 9:29 pm to novabill
Alleva/LSU need to back off and this ship sail. Lots of negative publicity attracting too much attention.
Posted on 2/27/15 at 9:34 pm to chilge1
Just because they announced the hire then, doesn't mean he wasn't hired earlier.
Posted on 2/27/15 at 10:07 pm to therick711
therick711, you frickin' nailed it.
About fell out of my chair when I read that post.
Posted on 2/27/15 at 10:26 pm to LSUShock
quote:
Brazos county? I imagine College Station is in there? Good luck winning that one in court.
This isn't 1950, buddy.
BTW, most employment contracts, between moderately sophisticated parties, state the venue for proceedings. I'd imagine that LSU would insist on somewhere around Baton Rouge. I'm surprised this can be filed in Texas.
Also, someone mentioned that this could be a distraction. That can cut both ways. Les could be deposed, as could Sumlin, etc. It can be very demanding to be deposed in a case like this.
Posted on 2/27/15 at 10:54 pm to Penrod
quote:
moderately sophisticated parties
Posted on 2/27/15 at 11:13 pm to novabill
quote:
quote:
On January 5, Chavis says he turned in this 30-day notice to terminate the contract without cause, making his last day February 4.
what makes people think he quit before this date?
What constitutes taking a new job? Is it a conversation? How many DC candidates did LSU talk to before signing one to a contact.
LSU is not owed any money in my opinion.
Well a 30 day notice means you are going to quit "30 days" from when you give the notice. This isn't rocket science, there's numerous pictures of Chavis stepping off a plane with Sumlin, with recruits at his office and in home wearing Aggie gear the whole month of January. He obviously wasn't working for LSU during this "notice period". Case Closed
Posted on 2/27/15 at 11:32 pm to Dlab2013
quote:
quote:
quote:
On January 5, Chavis says he turned in this 30-day notice to terminate the contract without cause, making his last day February 4.
what makes people think he quit before this date?
What constitutes taking a new job? Is it a conversation? How many DC candidates did LSU talk to before signing one to a contact.
LSU is not owed any money in my opinion.
Well a 30 day notice means you are going to quit "30 days" from when you give the notice. This isn't rocket science, there's numerous pictures of Chavis stepping off a plane with Sumlin, with recruits at his office and in home wearing Aggie gear the whole month of January. He obviously wasn't working for LSU during this "notice period". Case Closed
How about the fact he clearly informed Les and even the players after the bowl game or the next day.
Posted on 2/27/15 at 11:55 pm to therick711
Location Location Location. I hope to hell they have venue selection clause in the contract. LSU should remove this lawsuit to federal court now and seek transfer to louisiana
Posted on 2/28/15 at 7:06 am to TutHillTiger
I posted the same thing earlier in the thread, tuthill. Then I came across this statement issued by LSU:
“The state of Texas is not a proper venue to decide a contractual dispute between Louisiana State University and one of its former coaches, and LSU will pursue immediate dismissal of Chavis’ suit. LSU has also initiated a legal action against Chavis in Baton Rouge, Louisiana to recover the $400,000 buy-out owed to LSU by Chavis. LSU regrets that what is ordinarily a simple matter must be resolved in litigation, but it will vigorously defend the contractual and constitutional rights of the University.”
So, we're good.
Also, mot, that picture of Chavis with "sophisticated parties" was hysterical.
“The state of Texas is not a proper venue to decide a contractual dispute between Louisiana State University and one of its former coaches, and LSU will pursue immediate dismissal of Chavis’ suit. LSU has also initiated a legal action against Chavis in Baton Rouge, Louisiana to recover the $400,000 buy-out owed to LSU by Chavis. LSU regrets that what is ordinarily a simple matter must be resolved in litigation, but it will vigorously defend the contractual and constitutional rights of the University.”
So, we're good.
Also, mot, that picture of Chavis with "sophisticated parties" was hysterical.
Posted on 2/28/15 at 9:36 am to Penrod
I think getting rid of JC is worth giving up a futile and exhausting effort to get 400k back. It'll cost that in attorney's fee or more probably. I thought contracts were based on a signature between two parties. If he notified one party and gave 30 notice, with signature, and that date puts him in under the 11mo. rule in said contract, I believe he owes LSU nadda. Now by bringing suit against a&m to keep the venue in Texas, thus having home field advantage, he might be shitting in his (recruiting) nest. Now, him being in Texas with Sumlin on Jan 15 with photo's to me, no lawyer here but I did stay in a Holiday Inn express, doesn't matter. He already notified, by signature, that he intended to leave LSU 30 days from the day set forth, which I guess was right after the LSU bowl game. Glad third and Chavis is gone, and can't wait for the next couple of seasons so the aggies, like Tenn., before us, can actually see how good of a dc he truly is.
Posted on 2/28/15 at 9:59 am to LSUfan4444
You would think performing job duties for his current employer (namely recruiting for them and against his previous employer) would supercede a paper start date.
Best case is Aggy has to pay. We get the money and resentment festers in cow town.
Best case is Aggy has to pay. We get the money and resentment festers in cow town.
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