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re: You need evidence to allege "termination for cause" or else it's defamation.

Posted on 11/11/25 at 11:18 am to
Posted by Salviati
Member since Apr 2006
6945 posts
Posted on 11/11/25 at 11:18 am to
quote:

How can you prove defamation against LSU over social media rumors?
That's not what Kelly is doing.

LSU and Kelly have been negotiating the terms of his buyout. The issue of whether Kelly could be fired for cause was raised. Kelly asked LSU to confirm that he wasn't fired for cause. LSU failed to do so.

By failing to confirm that Kelly was not fired for cause, LSU is suggesting that it has grounds to fire for Kelly for cause. According to the terms of the contract, any grounds to fire Kelly for cause would impugn Kelly's character. Either LSU concedes that it has no grounds to fire Kelly for cause, or LSU better have proof that it has evidence to support those allegations. Otherwise, that's defamation.
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22781 posts
Posted on 11/11/25 at 11:20 am to
quote:

Either LSU concedes that it has no grounds to fire Kelly for cause, or LSU better have proof that it has evidence to support those allegations. Otherwise, that's defamation.


It's not defamation. The statement has to be made to the public. If LSU officials made suggestions that they may have cause to fire BK under the terms of the contract during private settlement negotiations, that's not defamation. Not even close.
Posted by Tridentds
Sugar Land
Member since Aug 2011
23241 posts
Posted on 11/11/25 at 11:20 am to
I can tell you one thing... everyone involved better be clean. You can't pick and choose who gets fired and who doesn't based on some morality clause that is only enforced when you want to enforce it. How long has this been going on? Last year... why not fire for cause then?

Most likely this is an overall losing proposition. Really can't understand the LSU position at this point.

Posted by moneyg
Member since Jun 2006
61589 posts
Posted on 11/11/25 at 11:21 am to
quote:

The time-value of periodic payments will reduce a lump-sum payment, but Kelly's getting more today that he was two days ago.



nah

He'll either get an agreed upon settlement or get paid in full over time.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
70854 posts
Posted on 11/11/25 at 11:22 am to
quote:

According to the terms of the contract, any grounds to fire Kelly for cause would impugn Kelly's character. Either LSU concedes that it has no grounds to fire Kelly for cause, or LSU better have proof that it has evidence to support those allegations. Otherwise, that's defamation.

No, that's not how defamation works

If this actually goes to court (doubtful) and Kelly wins, he'll get a judgment to enforce the contract and a judgment for his attorney fees. How can he possibly allege damages when the provision in the contract he's trying to enforce was an agreed upon contractual amount for liquidated damages, with mitigation language on top of that. Unless Kelly proves that, absent LSU firing him, he would have made MORE than the money guaranteed to him, then he has no argument for damages in excess of what he's already agreed to in his contract.
This post was edited on 11/11/25 at 11:33 am
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22781 posts
Posted on 11/11/25 at 11:22 am to
quote:

I can tell you one thing... everyone involved better be clean.

If only. Our interim/non-interim-but-not-really-permanent AD has previously been accused of covering up sexual assault.
Posted by sheek
New Albany, OH
Member since Sep 2007
44129 posts
Posted on 11/11/25 at 11:23 am to
Landry should be primaried for this shite
Posted by mmcgrath
Indianapolis
Member since Feb 2010
36887 posts
Posted on 11/11/25 at 11:28 am to
quote:

It's not defamation. The statement has to be made to the public. If LSU officials made suggestions that they may have cause to fire BK under the terms of the contract during private settlement negotiations, that's not defamation. Not even
One could argue that making that claim would inevitably lead to the lawsuit which makes it public.

Even if you don't agree with that, their response to the lawsuit will assuredly be public. At that point they claim to have cause or not.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
70854 posts
Posted on 11/11/25 at 11:29 am to
quote:

Even if you don't agree with that, their response to the lawsuit will assuredly be public. At that point they claim to have cause or not.

They can make a claim that is both true and not grounds to terminate him for cause. That wouldn't get him to his burden of defamation
Posted by Havoc
Member since Nov 2015
37117 posts
Posted on 11/11/25 at 11:34 am to
quote:

According to the terms of the contract, any grounds to fire Kelly for cause would impugn Kelly's character. Either LSU concedes that it has no grounds to fire Kelly for cause, or LSU better have proof that it has evidence to support those allegations. Otherwise, that's defamation.

That is so NOT defamation FFS.
The “grounds” you state are vague and open to interpretation.
Posted by Salviati
Member since Apr 2006
6945 posts
Posted on 11/11/25 at 11:36 am to
quote:

No, that's not how defamation works

If this actually goes to court (doubtful) and Kelly wins, he'll get a judgment to enforce the contract and a judgment for his attorney fees. How can he possibly allege damages when the provision in the contract he's trying to enforce was an agreed upon contractual amount for liquidated damages, with mitigation language on top of that. Unless Kelly proves that, absent LSU firing him, he would have made MORE than the money guaranteed to him, then he has no argument for damages in excess of what he's already agreed to in his contract.
You apparently have no idea what the lawsuit is about.

That lawsuit seeks a declaratory judgment that LSU has no grounds for firing Kelly “for cause.”
Posted by TigerDCC11
Member since May 2007
2119 posts
Posted on 11/11/25 at 11:36 am to
It's looking more and more like Woodward and Kelly got in a heated discussion and Woodward said,"You're Fired".

LSU said Woodward did not have that authority and fired Woodward.

I was a AD on the high school level and yeah, I had the authority to fire coaches, but I always got it approved with my principal before I did it. I didn't just get mad and fire a coach because "I could".

What a mess. There has to be a 30 on 30 on this in a few years, right?
Posted by terd ferguson
Darren Wilson Fan Club President
Member since Aug 2007
113759 posts
Posted on 11/11/25 at 11:37 am to
quote:

Brian Kelly is not an idiot.


No, but you are
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22781 posts
Posted on 11/11/25 at 11:42 am to
quote:

One could argue that making that claim would inevitably lead to the lawsuit which makes it public.


One could make that claim, but it would be laughed out of the court room.

quote:

Even if you don't agree with that, their response to the lawsuit will assuredly be public. At that point they claim to have cause or not.


Claiming to have cause (even if the court disagrees) and defaming someone are two very different things.
Posted by IM_4_LSU
Savannah, GA
Member since Mar 2014
11553 posts
Posted on 11/11/25 at 11:45 am to
quote:

Inb4 some idiot comes in and defends Landry in the name of politics.


Posted by AlaTiger
America
Member since Aug 2006
21514 posts
Posted on 11/11/25 at 11:47 am to
All of this is true.

And Kelly is going to come out looking like the good guy while LSU and Louisiana looks like a bunch of corrupt morons, which is also true.
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22781 posts
Posted on 11/11/25 at 11:47 am to
quote:

You apparently have no idea what the lawsuit is about.

That lawsuit seeks a declaratory judgment that LSU has no grounds for firing Kelly “for cause.”


Right. And if the court finds that LSU does not have cause to fire him, that doesn't give rise to a claim for defamation. Do you think every party that loses a lawsuit is liable for defamation because they took a position that the court ultimately disagreed with?
Posted by Salviati
Member since Apr 2006
6945 posts
Posted on 11/11/25 at 11:48 am to
quote:

That is so NOT defamation FFS
The “grounds” you state are vague and open to interpretation.
Are there grounds to fire Kelly that do not impugn his character?

If not, then it's defamation to assert there are such grounds, unless LSU has proof to support those grounds.
Posted by chasseur4
New Orleans
Member since Dec 2006
613 posts
Posted on 11/11/25 at 11:51 am to
It’s possible LSU’s attorneys might argue that the “cause” for firing Kelly might be his handling of Greg Brooks’ illness, and the financial exposure that brought against LSU. [I’m not saying it’s a winning argument, just that it’s possibly what they may claim.]
Posted by TheBeezer
Texas
Member since Apr 2013
1931 posts
Posted on 11/11/25 at 11:54 am to
So, this is an all or nothing play assuming LSU doesn't actually have evidence for cause. If they do, then they owe Kelly nothing, everything is good except for all the bsd blood and bad PR so good luck getting another big name HC. If they don't, then LSU and likely the state of La (all thanks to the Gov) are on the hook for a whole lot more than a $53 million buyout. Oh and good luck getting another big name HC.
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