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

Posted on 11/11/25 at 12:00 pm to
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
87047 posts
Posted on 11/11/25 at 12:00 pm to
quote:

Take the full payout over 6 years but show proof that you’re actively looking for a new job, as required in the contract.


And if you’ve paid any attention in the past 3 1/2 years, you’ll understand that any effort he undertakes will be a monthly phone call or email to somebody he knows is guaranteed not to hire him. Just to show proof “he’s trying”.

Still the best option to be rid of the grifting cocksucker once and for all.
Posted by mr bojangles
Member since Apr 2009
363 posts
Posted on 11/11/25 at 12:01 pm to
To add to this - Defamation often requires publishing known factual falsities (facts that can be proven false with certainty). This opens door to opinion defense. Further, since Kelly is a public figure, he'd likely have to show actual malice to win any kind of defamation claim. Lastly, any representations made in a lawsuit would not qualify as a "publication" required for a statement to be considered defamatory.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
70854 posts
Posted on 11/11/25 at 12:02 pm to
quote:

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

And you don't sound like you know what a declaratory judgment lawsuit is

Kelly is seeking a judgment to declare whether Kelly was, in fact, fired without cause by Woodward. His claim is he was fired without cause. LSU, for whatever reason, is trying to say he wasn't actually fired by Woodward but now he's being fired for cause. Kelly is seeking this judgment as a preliminary issue because that will dictate whether he is contractually obligated to receive his buyout or whether he will need to file a subsequent wrongful termination lawsuit.

Nonetheless, how exactly do you think one gets to a defamation claim from a declaratory judgment lawsuit like this? (I'll give you a hint. You can't)
This post was edited on 11/11/25 at 12:05 pm
Posted by Salviati
Member since Apr 2006
6945 posts
Posted on 11/11/25 at 12:02 pm to
quote:

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.
It will if LSU makes the claim that Kelly's actions support a for cause termination, but LSU cannot prove that it's claims are true.


quote:

Do you think every party that loses a lawsuit is liable for defamation because they took a position that the court ultimately disagreed with?
I've tried scores of lawsuits, and I've never filed nor faced a defamation lawsuit. But none of those lawsuits arose out of purported statements impugning the character of one of the parties. Kelly's lawsuit states those exact allegations.
Posted by Hamma1122
Member since Sep 2016
21586 posts
Posted on 11/11/25 at 12:03 pm to
Gordon said he was fired for damaging the brand not winning. Pay up
Posted by lsufball19
Franklin, TN
Member since Sep 2008
70854 posts
Posted on 11/11/25 at 12:05 pm to
quote:

I've tried scores of lawsuits

doesn't sound like it
quote:

arose out of purported statements impugning the character of one of the parties. Kelly's lawsuit states those exact allegations.

How did LSU "impugn the character of Kelly"?
This post was edited on 11/11/25 at 12:06 pm
Posted by PP7 for heisman
New Orleans
Member since Feb 2011
8682 posts
Posted on 11/11/25 at 12:06 pm to
quote:

And you don't sound like you know what a declaratory judgment lawsuit is
All that needed to be said
Posted by PP7 for heisman
New Orleans
Member since Feb 2011
8682 posts
Posted on 11/11/25 at 12:07 pm to
quote:


Gordon said he was fired for damaging the brand not winning. Pay up
Gordon is not an attorney for LSU. What he said doesn't matter, at all.
Posted by Salviati
Member since Apr 2006
6945 posts
Posted on 11/11/25 at 12:11 pm to
quote:

quote:

That lawsuit seeks a declaratory judgment that LSU has no grounds for firing Kelly “for cause.”
And you don't sound like you know what a declaratory judgment lawsuit is

Kelly is seeking a judgment to declare whether Kelly was, in fact, fired without cause by Woodward.
Read what I wrote:
quote:

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


Now, read what you wrote:
quote:

Kelly is seeking a judgment to declare whether Kelly was, in fact, fired without cause by Woodward.


I know what a dec action is, and, unlike you, I know why Kelly filed it. Kelly is not asking the court to determine if he was fired without cause. He is telling LSU to put up or shut up. Kelly expects LSU to shut up and concede that it has no grounds to fire him for cause.

quote:

Nonetheless, how exactly do you think one gets to a defamation claim from a declaratory judgment lawsuit like this? (I'll give you a hint. You can't)
If LSU fails to shut up, and instead, attempts to put up claims that it can / could have fired Kelly for cause and LSU lacks proof, LSU will be confirming that it wants to litigate a defamation claim.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
70854 posts
Posted on 11/11/25 at 12:13 pm to
That's a lot of words to type out to acknowledge that I'm right.
Posted by hillcountrytigah
Member since Nov 2025
6 posts
Posted on 11/11/25 at 12:15 pm to
dont mistake louisiana state employees wills to not find a way to lie cheat and steal to get what they want
Posted by Salviati
Member since Apr 2006
6945 posts
Posted on 11/11/25 at 12:16 pm to
quote:

How did LSU "impugn the character of Kelly"?
By saying that it has grounds to terminate Kelly for cause.
Posted by MildManneredMadness
Member since Mar 2022
532 posts
Posted on 11/11/25 at 12:17 pm to
Those accumulating the cause case aren’t telling anyone what they have on Kelly. Kelly looks scared right now because he’s doing what scared people do which is positioning himself as the victim. People tend to have sympathy on victims. If the case goes to court, which I doubt, the evidence will prove sufficient cause. Kelly knows this so he’s playing the image game until he settles so he can spin it like he was in the right all along.
Posted by Giantkiller
the internet.
Member since Sep 2007
24289 posts
Posted on 11/11/25 at 12:17 pm to
BK is going to sue for $100M for defamation - and probably rightfully so.

If you're Lane Kiffin watching this, my guess is you'd likely immediately rule LSU out as a place you'd want to go.

We're making a tremendous mistake here. At least somebody is. Who's driving the car? Who is making this idiotic decision?
Posted by lsufball19
Franklin, TN
Member since Sep 2008
70854 posts
Posted on 11/11/25 at 12:18 pm to
quote:

By saying that it has grounds to terminate Kelly for cause.

how does that impugn his character?
Posted by Lark225
Member since Mar 2019
1693 posts
Posted on 11/11/25 at 12:21 pm to
I'd love to be Brian kelly wtf are you talking about...he is going to get paid regardless of this outcome
Posted by Salviati
Member since Apr 2006
6945 posts
Posted on 11/11/25 at 12:22 pm to
quote:

That's a lot of words to type out to acknowledge that I'm right.
You failed to respond. Failure to respond typically results in judgment for the other side.

I don't blame you for quitting.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
70854 posts
Posted on 11/11/25 at 12:23 pm to
quote:

You failed to respond. Failure to respond typically results in judgment for the other side.

I don't blame you for quitting.

You basically regurgitated the same thing you were responding to.

Failure to respond to a response results in a default judgment? Where do you think you practice law bud?

It's really painful to argue with a dumb person who doesn't know they're dumb

But I'm still waiting for you to tell me how firing someone for cause, in and of itself, is impugning their character.

Here's a link to his contract. Under II-A-1, the bases for cause are provided. There are a lot of them. Many of them are very broad. Many would not involve impugning his character.

LINK
This post was edited on 11/11/25 at 12:27 pm
Posted by Havoc
Member since Nov 2015
37117 posts
Posted on 11/11/25 at 12:25 pm to
quote:

Are there grounds to fire Kelly that do not impugn his character?

Yes, have you read the contract? There are several clauses which wouldn’t go near to impugning his character, if true.
Posted by RB10
Member since Nov 2010
49763 posts
Posted on 11/11/25 at 12:26 pm to
quote:

Salviati


Pretty sure you’re arguing with a practicing attorney. You may want to just stop while you’re behind.
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