Tennessee Titans sue Lane Kiffin

#77
#77
sjrobert said:
That seems unlikely. The Nashville Titans play in Nashville, and any anti-Kiffin move, which this suit would/could be characterized as, wouldn't make the residents here dislike Kiffin any more nor would it make any more Titans fans here, imo.
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This is more along the line of a "we have a senile owner" move.
 
#79
#79
hatvol96 said:
The vast majority of coaches have such clauses in their contracts. Less and less often does anyone adhere to the protocols. Nobody ever sues. Why? One, I can't wait to see the Titans try to quantify their damages. Further, nobody wants to look like a whiner.[/QUOTE

"Whiners" is what insurance defense lawyers call plaintiffs.

Titans may feel that they could deter similar behavior in the future. I am not sure how.

Are you sure the contracts do not have liquidated damages or something like a non-compete clause that would require Pola to refrain from coaching for a specific amount of time? Money damages are going to be hard to prove.
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#81
#81
hatvol96 said:
First, they are going to have to prove Kiffin knew Pola had a clause that forbade him from discussing other employment without written consent. If Pola says he didn't tell SC that when they reached out to him, the Titans won't have much of a case against Kiffin or the school.
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Not true, ignorance of the contract is not an excuse. Due diligence is the responsibility of the hiring party.
 
#82
#82
They can ask for restitution but also punitive damages too, right? They could argue that a meaningful penalty is needed to keep contract violations from getting out of hand to the detriment of both college and pro football.
 
#84
#84
Vols4evr said:
Not true, ignorance of the contract is not an excuse. Due diligence is the responsibility of the hiring party.
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It's absolutely true. I've tried pretty much the exact same case in a corporate setting. Pola's contract with the Titans isn't public record. Thus, they are perfectly within reason to rely on any representations he makes as to the particulars of his contract.
 
#85
#85
hatvol96 said:
First, they are going to have to prove Kiffin knew Pola had a clause that forbade him from discussing other employment without written consent. If Pola says he didn't tell SC that when they reached out to him, the Titans won't have much of a case against Kiffin or the school.
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ok, i see

has some of the stuff kiffin said been along those lines?

someone on another site had said he already admitted all of the allegations were true. (like he admitted that he contacted an employee under contract and induced him to breach without giving the employer due notice and obtaining permission to offer the employee)
 
#86
#86
sjt18 said:
They can ask for restitution but also punitive damages too, right? They could argue that a meaningful penalty is needed to keep contract violations from getting out of hand to the detriment of both college and pro football.
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Restitution for what? Judges could give a damn less about trying to keep the peace between the NFL and college football. Unless they can come up with a rational, provable quantification of damages, they'll get squat.
 
#87
#87
DaddyChad said:
Hat is there any precedent similar to this? Who decides damages? Jury?
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Marist just sued James Madison under this theory for hiring Matt Brady away and got a verdict in their favor. Damages haven't been assessed yet. Damages would be set by the trier of fact, which would be a jury if they don't opt for a bench trial.
 
#88
#88
Cartervol said:
I kind of wonder that as well. This doesn't seem to fit Fisher's style but who knows.
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My guess is that Fisher probably rolled his eyes when he heard what was happening. It is going to look worse on him than anyone in the organization. I may be wrong, but my guess he's against this and probably had no say so in it happening.
 
#89
#89
hatvol96 said:
Restitution for what? Judges could give a damn less about trying to keep the peace between the NFL and college football. Unless they can come up with a rational, provable quantification of damages, they'll get squat.
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Provable quantifiable damages will come in the form of the process and cost of finding a replacement and it will be multiplied by the short time frame in which to do it.
 
#90
#90
It is hard to speculate on what the contract says, but it would need to indicate some remedy. If not damages are going to be difficult.
 
#91
#91
SteelerVol said:
I doubt that anyone on the Titan's staff are overly concerned about damages at this point. I'd say Fisher took this as a disrespectful slap in the face by Kiffin and I'm sure it wouldn't have taken a whole lot of posturing with Adams, the Titans' owner to get the go ahead and file this suit. This brightens the bad national spotlight on Kiffin and USC and by doing that it helps Pat Haden start building the case for Kiffin's removal which is inevitable and then Fisher can have the last laugh.

The ABSOLUTE last thing that Kiffin needs right now is negative attention with Haden now acting as the "Grim Reaper" at USC.

Kiffin really is an idiot... I mean REALLY, REALLY an idiot.
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This looks like a possible scenario to me.

Fisher's employer is helping add heat to the trash fire that is monte's kid. Fisher probably wants the slug away from his alma mater as much as anyone.

The whole incident is pretty funny. Monte's kid thinks he do anything he wants and get away clean. The Titans/Fisher seem to be doing society a favor by trying to help stop the slimy infection that is monte's kid.
 
#92
#92
Adam Schefter is reporting on ESPN that Lane Kiffin has texted Coach Fisher asking him if the Titans would be interested in scheduling the Trogans this upcoming season. Fisher supposedly called USC athletic director, Pat Haden and asked him if his football coach had been smoking marijuana laced with paraquat.

?????
 
#93
#93
SpringBokVol said:
Provable quantifiable damages will come in the form of the process and cost of finding a replacement and it will be multiplied by the short time frame in which to do it.
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Yeah, that'll work. Can't wait to see how hard a judge laughs at that theory.
 
#94
#94
write up from the ESPN blogger, who regularly covers the AFC South, about this:

Defending turf, Titans sue Kiffin, USC - AFC South Blog - ESPN

decent read with a point about perhaps this at least setting precedent so that something like this wouldn't happen again to an NFL team in the future

Jeff Fisher’s stinging comments about Lane Kiffin’s lack of professionalism in luring Kennedy Pola away from the Tennessee Titans' staff were only a first step in the team’s discontent.

Jim Wyatt reports the team has sued both Kiffin and USC. The school hired Pola, Fisher’s running backs coach, away from the Titans on Saturday, to be its offensive coordinator just a week before the Titans' first training camp practice.

"According to the lawsuit, USC and Kiffin maliciously intended to -- and did -- induce Pola to breach his contract with the Titans. The lawsuit alleges 'USC and Kiffin engaged in improper means in their procedure of the breach and were not legally justified in their actions.’'

"According to the lawsuit, Pola agreed he would “not under any circumstance solicit discussions or entertain employment with any other person or entity during the term without given written permission to do so,’’ under the terms of his contract with the Titans. Pola was not given written consent by the Titans."

"Kiffin and USC’s actions through him were part of a course and pattern of conduct fostered by Kiffin and USC to use improper methods and means to the direct harm and damage of parties to contract, to interfere with an existing contract includes the breach thereof,’’ the lawsuit reads."

The Titans would love to stop Kiffin and USC from having Pola, but they certainly wouldn't want him back after this. If the suits are successful, they can see USC or Kiffin penalized financially and make a statement about protecting their turf, which may also set a precedent that would help ensure other franchises don't wind up dealing with similar issues in the future.

Pola joined the Titans in January, leaving Jacksonville. Fisher long coveted Pola and fired Earnest Byner to make room for the new assistant. Byner wound up replacing Pola on Jack Del Rio’s staff.

Since Pola jumped to USC, Fisher has faced a second-round of bashing from fans over the Byner move. How, they ask, could he have fired a coach who oversaw Chris Johnson during a 2,000-yard season?

I’ve been critical of Fisher for being overly loyal to assistants in the past. In recent years, however, largely because of his stability, he’s put together and held together one of the NFL’s better coaching staffs.

If he didn’t love Byner and did love Pola, then making the switch was fine by me. And it’s not like Fisher could have foreseen that a) the new coach's alma mater would steal Pola away or that, b) Pola would actually leave him in such a bad spot so late in the year.

Fisher told Wyatt he intends to replace Pola from within.

Fisher could shift quarterbacks coach Craig Johnson over, or elevate one of three assistants who don’t have their own position groups -- assistant special-teams coach Marty Galbraith, offensive quality control coach Dowell Loggains or offensive assistant Richie Wessman.
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#95
#95
SteelerVol said:
Adam Schefter is reporting on ESPN that Lane Kiffin has texted Coach Fisher asking him if the Titans would be interested in scheduling the Trogans this upcoming season. Fisher supposedly called USC athletic director, Pat Haden and asked him if his football coach had been smoking marijuana laced with paraquat.

?????
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:lolabove: That sounds like a great idea. Schedule them for a preseason game and play all the starters.
 
#96
#96
SpringBokVol said:
Provable quantifiable damages will come in the form of the process and cost of finding a replacement and it will be multiplied by the short time frame in which to do it.
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So, the Titans are going to say "Our new guy sucks. He's nowhere near as good as Pola. Give us money." Great idea.
 
#97
#97
DaddyChad said:
What do you think will be the outcome of this? I don't think there is any doubt that Pola and USC violated the contract but I'm wondering what will happen as far as damages.

You have to admit this panders to the Titan's fanbase. I think it is a great move on the Titan's part even if they have no expectations of winning.

I would imagine Haden isn't too happy with alienating a prominent alumni just because the HC is too stupid or malicious to go through the proper channels.
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not to mention being sued less than 6 months into his tenure,only a fool hires a fool,davis-hammy and garrett-nuff said :birgits_giggle:
 
#98
#98
For Christmas this year, all I want is a jobless monte's kid forced to show up in Tennessee for a court appearance after a nasty divorce from his hot Gator wife.

Please !
 
#99
#99
SpringBokVol said:
Provable quantifiable damages will come in the form of the process and cost of finding a replacement and it will be multiplied by the short time frame in which to do it.
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Fisher has already said they are going to promote from within. Can't wait to see how much they claim him walking down the hall to tell someone they're now the running backs coach costs.
 
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