It’s time to stop sending Butch checks...

#51
#51
BeardedVol said:
UT's office of General Counsel does not work on "billable hours" they are salaried employees of the University.
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They handle litigation? Highly doubt that. If so the retainer that’s being forked out makes Butch’s payout a mere pittance.
 
#52
#52
Boca Vol said:
Who is to say he hasn't interviewed at schools? Also, just because you are offered a job a doesn't mean you have to accept it.

As others have said, it would cost more in legal fees to pursue this. Also, you have to factor in the reputational risk involve. If you don't think coaches are scratching Ark off their list you're mistaken.
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Because Butch signed a contract stating that he would seek "comparable employment" in the form of a "head coach or assistant" at the collegiate level or higher, in order to mitigate the obligation of the University of Tennessee to pay liquidated damages. Butch can choose to stay Saban's lackey, but if he turns down coaching positions, then UT is not obligated to continue to pay liquidated damages, as Butch would be in breach of contract, by not seeking out a "comparable position".

butch3142.png


Language matters in binding contracts.
 
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#54
#54
butchna said:
They handle litigation? Highly doubt that. If so the retainer that’s being forked out makes Butch’s payout a mere pittance.
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That's the whole point of bringing general council on board, is to get away from paying a firm billable hours.
 
#56
#56
Boca Vol said:
A key word mentioned several times in this is "reasonable." Now, define reasonable. I promise you, any judge/jury will have a very liberal definition of reasonable.
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Considering that Saban has mentioned Butch has turned down coaching positions to stay at Alabama, and UT fired Butch almost two years ago, I'd wager that an administrative judge or an arbiter would find 2 years more than reasonable.
 
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#57
#57
BeardedVol said:
Because Butch signed a contract stating that he would seek "comparable employment" in the form of a "head coach or assistant" at the collegiate level or higher, in order to mitigate the obligation of the University of Tennessee to pay liquidated damages. Butch can choose to stay Saban's lackey, but if he turns down coaching positions, then UT is not obligated to continue to pay liquidated damages, as Butch would be in breach of contract, by not seeking out a "comparable position".

butch3142.png


Language matters in binding contracts.
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Yes it does...see the word REASONABLE. Vague language is a b&tch. Wasn't his named mentioned for Maryland last year? He didn't get the job. if he spoke with them, that's more than reasonable.
 
#58
#58
BeardedVol said:
Considering that Saban has mentioned Butch has turned down coaching positions to stay at Alabama, and UT fired Butch almost two years ago, I'd wager that an administrative judge or an arbiter would find 2 years more than reasonable.
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So there is proof that Butch turned down jobs for the sole purpose of staying at Bama....I'd like to see that.
 
#60
#60
BeardedVol said:
That's the whole point of bringing general council on board, is to get away from paying a firm billable hours.
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The way you’re referencing general counsel, you’re making them sound like an in-house law firm...which would cost. As opposed to some individual lawyers on retainer to handle routine legal matters and dispense advice. Litigation’s a dirty bisch which calls for researchers, clerks and compensated legal expert witnesses...amid other ancillary costs.
 
#61
#61
Boca Vol said:
So there is proof that Butch turned down jobs for the sole purpose of staying at Bama....I'd like to see that.
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UT can stop paying Butch for being in breach of contract, and Butch can file suit to try and prove otherwise .

In doing so, he'll open his communications with Jimmy Sexton, and Sexton's communication with any AD interested in Butch to discovery.

The mere fact that Butch stayed at Alabama for a second year would be enough to find him in breach, as an entire year at Alabama as an analyst is behind reasonable expectation for Butch to secure at least an assistant coaching position at the collegiate level. The fact that he stayed for a second, and possibly more, just bolster's UT's case that Butch has breached article 3.14 of his contract that they are no longer required to continue paying him liquidated damages.
 
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#62
#62
Boca Vol said:
So there is proof that Butch turned down jobs for the sole purpose of staying at Bama....I'd like to see that.
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Well Saban said it! Just print that mutha out on a dot matrix and rest your case!
 
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#63
#63
BeardedVol said:
UT can stop paying Butch for being in breach of contract, and Butch can file suit to try and prove otherwise .

In doing so, he'll open his communications with Jimmy Sexton, and Sexton's communication with any AD interested in Butch to discovery.

The mere fact that Butch stayed at Alabama for a second year would be enough to find him in breach, as an entire year at Alabama as an analyst is behind reasonable expectation for Butch to secure at least an assistant coaching position at the collegiate level. The fact that he stayed for a second, and possibly more, just bolster's UT's case that Butch has breached article 3.14 of his contract that they are no longer required to continue paying him liquidated damages.
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Butch doesn’t have to file suit. He doesn’t want anything to change. If UT wants to stop paying, then they have to do the heavy lifting...or they’re in violation of a legal agreement they willingly signed.
 
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#64
#64
butchna said:
The way you’re referencing general counsel, you’re making them sound like an in-house law firm...which would cost. As opposed to some individual lawyers on retainer to handle routine legal matters and dispense advice. Litigation’s a dirty bisch which calls for researchers, clerks and compensated legal expert witnesses...amid other ancillary costs.
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I don't know what sort of companies that you work for, but with my current firm, our general council and his deputies, handle all legal matters for the company, from contract creation to litigation. That's been my experience through my entire career as well if a company employs in-house general council, which is what UT does as well.
 
#66
#66
butchna said:
Butch doesn’t have to file suit. He doesn’t want anything to change. If UT wants to stop paying, then they have to do the heavy lifting...or they’re in violation of a legal agreement they willingly signed.
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No they don't. They have to send him a letter that says "we find you in breach of article 3.14 of your contract, we will no longer be paying you liquidated damages" and they stop monthly payments to him.

Butch will have to file suite in Tennessee to contest the action.
 
#68
#68
BeardedVol said:
I don't know what sort of companies that you work for, but with my current firm, our general council and his deputies, handle all legal matters for the company, from contract creation to litigation. That's been my experience through my entire career as well if a company employs in-house general council, which is what UT does as well.
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Nephew’s a tort lawyer. Anything in the millions and an in-house brings on a team. This ain’t happening or it already would have.
 
#69
#69
BeardedVol said:
No they don't. They have to send him a letter that says "we find you in breach of article 3.14 of your contract, we will no longer be paying you liquidated damages" and they stop monthly payments to him.

Butch will have to file suite in Tennessee to contest the action.
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You misspell everything in real life? What “liquidated damages” are you talking about. This wasn’t an automobile accident, Brian Loncar. This is a legal agreement.
 
#71
#71
butchna said:
Nephew’s a tort lawyer. Anything in the millions and an in-house brings on a team. This ain’t happening or it already would have.
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Not sure how your nephew's employment status is relevant to Butch Jones and his compliance under his contract with UT.

Unless you've got some inside knowledge from UT's general council, I don't think that you can make such a statement.
 
#73
#73
BeardedVol said:
Not sure how your nephew's employment status is relevant to Butch Jones and his compliance under his contract with UT.

Unless you've got some inside knowledge from UT's general council, I don't think that you can make such a statement.
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Sure I can...YOU are. And you’re not on their general COUNSEL. You’re charged up because it’s our former unlikable HC...it’s still a LEGAL matter. He gets called into much smaller legal spats than this...you should know that COUNCILOR.
 
#74
#74
butchna said:
Sure I can...YOU are. And you’re not on their general COUNSEL. You’re charged up because it’s our former unlikable HC...it’s still a LEGAL matter. He gets called into much smaller legal spats than this...you should know that COUNCILOR.
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I'm not the one saying "This ain’t happening or it already would have".
 
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