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re: Lawsuit is NOT about a breach of contract and NOT for damages (money)

Posted on 11/11/25 at 4:37 pm to
Posted by Pikes Peak Tiger
Colorado Springs
Member since Jun 2023
9000 posts
Posted on 11/11/25 at 4:37 pm to
quote:

This guys sucks. Rake his arse over coals and give him 0 pay for cause on whatever dirt you have on him. I'll bet that chaps his arse.


Like many in the state of Louisiana, you have an emotional argument not a legal one.
Posted by des4271
Member since Oct 2014
4436 posts
Posted on 11/11/25 at 4:50 pm to
Screw BK, he stole the near first half of his contract, if LSU can scrape half of what that lazy fraud is owed, then so be it.
Posted by Hale Lipari
Member since Jul 2025
32 posts
Posted on 11/11/25 at 4:59 pm to
You obviously can't read - the lawsuit does not request a monetary judgment and cannot result in a judgment being rendered awarding BK money - please leave the legal work here to the professionals who do it
Posted by OceanMan
Member since Mar 2010
22473 posts
Posted on 11/11/25 at 5:00 pm to
quote:

I get that but why is that BK’s problem?


First off, I'm not taking any allegations from the lawsuit as fact, or even relevant - I'm just commenting on what they presented and how it could come into play

It's his problem because he is the one being terminated, and has apparently turned down a settlement offer.

quote:

If Woodward’s firing of BK was unauthorized, isn’t that LSU’s problem? Why should Bk be on the hook if Woody fired him without authorization?


It was in his contract how it would be communicated to him whether the decision was with/without cause. It was supposed to be in writing from the President. But LSU's intentions could still have been communicated to him verbally (they obviously were, as Kelly acknowledged and welcomed re-negotiation in writing), and their actions could be considered an effective termination. The lawsuit certainly appears to be an attempt to obfuscate that. But also asks for clarity on his employment status because that notice never came.

quote:

Isn’t a reasonable assumption that if your boss terminates you, he did so with authorization from his superiors?


I think its reasonable. The lawsuit mentions the University mentioned that Woodward di not have the authority so I am commenting on why that may be significant. But I don't know that it is reasonable to assume the details of the buyout or any other details regarding future payments, unless they were in writing. The document that has the buyout language Kelly is asking for also says that the University, through the President can terminate a contract for cause. Woodward was not the president, and was gone a few days later, so it may be reasonable to assume that he did something the University was not happy with, and maybe check in on the status of his employment and who to contact moving forward.

Go read Kelly's email again - every word of that was a deliberate precursor to the lawsuit filed
Posted by ChatGPT of LA
Member since Mar 2023
3940 posts
Posted on 11/11/25 at 5:03 pm to
quote:

that BK wasn't even terminated, that argument isn't going to go far.


I read that they have not sent an official termination letter, and continue to pay him the same as always.
Posted by OceanMan
Member since Mar 2010
22473 posts
Posted on 11/11/25 at 5:05 pm to
quote:


You obviously can't read - the lawsuit does not request a monetary judgment and cannot result in a judgment being rendered awarding BK money - please leave the legal work here to the professionals who do it


Yeah, you maybe should work on your reading as well. The word "effectively" in my post should have probably prevented yours.

And he is effectively requesting a monetary judgment, because he is requesting judgment on whether or not he is terminated (while asserting it cannot be with cause as LSU just now mentioned it), and thus owed contractual liquidated damages. Try to keep up counselor.
Posted by Hale Lipari
Member since Jul 2025
32 posts
Posted on 11/11/25 at 5:06 pm to
UNO and Southern Law - now I understand!!
Posted by OceanMan
Member since Mar 2010
22473 posts
Posted on 11/11/25 at 5:08 pm to
quote:

It was done to increase BK's leverage. Whether or not it was necessary depends on the status of the negotiations.


It was done to cut the nuts off of LSU's leverage, IMO.

quote:

Spot on. The only real issue in the lawsuit is whether or not he was fired for cause.


Yes
Posted by OceanMan
Member since Mar 2010
22473 posts
Posted on 11/11/25 at 5:10 pm to
I gave my thoughts on it, replied to your last post
Posted by Hale Lipari
Member since Jul 2025
32 posts
Posted on 11/11/25 at 5:12 pm to
quote:

Which is effectively a monetary judgement that was actively being negotiated


Your post did not say "effectively requesting a money judgment" - your post said that a declaratory judgment would be "effectively a money judgment" and then completely implodes on itself by continuing to say that the "effective money judgment" was still being actively negotiated - well which is it brainiac? a judgment or a negotiation - stay with the amateurs
Posted by OceanMan
Member since Mar 2010
22473 posts
Posted on 11/11/25 at 5:12 pm to
quote:


UNO and Southern Law - now I understand!!


thanks for your feedback
Posted by OceanMan
Member since Mar 2010
22473 posts
Posted on 11/11/25 at 5:15 pm to
quote:

Your post did not say "effectively requesting a money judgment" - your post said that a declaratory judgment would be "effectively a money judgment" and then completely implodes on itself by continuing to say that the "effective money judgment" was still being actively negotiated - well which is it brainiac? a judgment or a negotiation - stay with the amateurs


He ended the negotiations with the lawsuit. Did I need to actually include that part?
Posted by Hale Lipari
Member since Jul 2025
32 posts
Posted on 11/11/25 at 5:19 pm to
Dude - if you are a lawyer, I hope you limit your practice to justice of the peace court!
Posted by OceanMan
Member since Mar 2010
22473 posts
Posted on 11/11/25 at 5:24 pm to
quote:


Dude - if you are a lawyer, I hope you limit your practice to justice of the peace court!


I'm not, I just have to explain things to them a lot.
Posted by Hale Lipari
Member since Jul 2025
32 posts
Posted on 11/11/25 at 5:31 pm to
Clear communication requires no explanation!!

You made an idiotic statement thinking you were being cute - got called on it - and now you cannot find (or simply won't take) the off ramp! Stop while your behind.
Posted by OceanMan
Member since Mar 2010
22473 posts
Posted on 11/11/25 at 5:41 pm to
Are you up for meeting at Sonic?
Posted by Hale Lipari
Member since Jul 2025
32 posts
Posted on 11/11/25 at 5:45 pm to
I don't settle disputes like cretins - but then again, that appears to be what this is all about!

P.S. if we were to meet at Sonic (or let's make it Popeyes instead), you would not enjoy the meeting.
Posted by mmcgrath
Indianapolis
Member since Feb 2010
36887 posts
Posted on 11/11/25 at 5:59 pm to
quote:

Your post did not say "effectively requesting a money judgment" - your post said that a declaratory judgment would be "effectively a money judgment" and then completely implodes on itself by continuing to say that the "effective money judgment" was still being actively negotiated - well which is it brainiac? a judgment or a negotiation - stay with the amateurs
In simple terms, the lawsuit is asking for a determination that he was fired without cause and therefore is entitled to the full "liquidated damages" under the contract.

Are you trying to argue that it doesn't?
Posted by Hale Lipari
Member since Jul 2025
32 posts
Posted on 11/11/25 at 6:03 pm to
No - I am not - I am simply stating that the lawsuit does not request monetary relief - and it does not - the lawsuit will not result in a money judgment being awarded to BK for any amount of liquidated damages - it is a lawsuit designed to obtain a leverage position! It does not even allege that LSU breached any contract.
Posted by geauxpurple
New Orleans
Member since Jul 2014
16070 posts
Posted on 11/11/25 at 7:08 pm to
It is a Motion for Declaratory Judgment asking the court to declare that Kelly was not fired for cause under the contract which would prevent LSU from canceling his buyout.
I predict that this will be settled soon for about $35 million.
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