VFLBerg
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The alteration issue is nothing more than an attempt to divert attention from the real issues. LSU and Mr. Chavis had a valid employment agreement from 2009 until he left the University at the end of 2014. There were multiple amendments to the employment agreement during that time, including the 2012 amendment that Mr. Chavis claims was altered. Importantly, the 2012 contract was ratified in 2013 by a Memorandum of Understanding that extended Mr. Chavis contract with LSU by another year, through the end of 2015.
The change that occurred to the 2012 amendment was an innocent, unintentional and immaterial change. Mr. Chavis buyout obligation would exist under either reading of the liquidated damages clause, and the alleged alteration provided absolutely no benefit to LSU. Just as Mr. Chavis was entitled to his generous salary and other benefits under that agreement, LSU is entitled to enforce the liquidated damages provision of the agreement.
The Court vindicated LSUs position on its motion to compel and ordered Mr. Chavis to produce records that he has previously withheld. LSU looks forward to obtaining those records and moving this matter toward resolution.
So, what did Chavis say on Facebook, Twitter and other Social media?
Can those records be subpoenaed?
AJ says............not necessarily.
I would assume LSU already has those, I mean all the pics of Chavis with recruits were being posted in January on twitter. Which is why its strange that Chavis/TAM are claiming he wasn't employed until February. I think what is eventually going to come out is that he was assisting TAM possibly as early as November in recruiting. Chavis already knows he has lost on merits, which is why his attorney is going trying the fling mud at it... and hope some it sticks method.
It sounds like LSU is admitting that the contract was "altered" but like I said that can mean almost anything and is not necessarily "horrible" or "improper", it depends... devil is in the details. Was Chavis aware of the alterations and agreed with the alternations? Did it really alter the terms?
Where I disagree with counsel for LSU is that further discovery is some type of vindication of any "altered" contract dispute. Maybe, maybe not.
If I were to guess, Chavis' attorneys are taking him and TAM for a ride. What I think Chavis is saying is there is no "contract" as far agreed liquid damages, I'll let the process play out as I don't want to eat crow later because we only have limited access to what is really going on.
My guess what happens and this happens a lot:
- Chavis signed a preliminary contract
- Some attorney for LSU probably added language to clarify... president name, months to days, whatever
- (oh my its been altered)
- LSU president signs it
- Copy got back to Chavis
- Later another extension was signed agreeing to the same principles in the contract
Now Chavis is using that as some type of defense.... good luck, happens all the time, yes, initials are best when a written change has been made but he knew all along what they were.
If these are the facts, I fail to see the issue. It certainty doesn't invalidate a whole contract, necessarily, devil in the details.
What Chavis is trying to get out of is probably agreed liquid damages and for good reason, he most probably is going to lose.
By the Music City Bowl last year, Chavis had already checked out.
Sign me up as a witness
Chavis' lawyer's argument that the entire contract is void because of the alterations is totally ridiculous.
Jill Craft, attorney for Chavis. You cant alter a contract and try to claim its valid, and you certainly cant sue over it. One of the things they did admit that was altered was the buyout provision. In some sense, its vindication.
If what I was told is true, I would tend to agree, we'll see if additional facts come out.
My guess what happened, Chavis thought (without consulting with his attorney) that somehow the original contact was void, so thereby the extensions were void. Chavis then felt like he could sign a written contract with TAM.
Since Chavis has claims against LSU for unpaid vacation and bonuses, I don't think I can comment on that but he appears to also be suing for defamation. Those are not great cases to have and appear to be an attempt to muddy the water further, but maybe just let the process work.
This makes for good PR but nothing else.
Clearly there was meeting of minds, clearly he was getting paid under the contract, not sure how he then claim the contract is void even after he signed extension to the altered contract... cool, give LSU back all your salary for all the years, if you were not employed.
I wonder if the contract specifies who pays attorney costs in the event of breach?
Ole well, very clear to me Chavis didn't have an attorney consulting him in late 2014. It does provide some mild entertainment though.