We Need Better Lawyers and a Set

#102
#102
BeardedVol said:
Open court discovery for what? Pruitt can't just file a lawsuit and get discovery for information that doesn't pertain to the legality of his termination under his employment contract; that's not how discovery works.

His lawsuit, if there ever is one, is going to be on whether or not UT could fire him with cause under his contract, whether the language was legal and enforceable, not whether or not he cheated, or whether or not Fulmer knew of the cheating. Unless it comes back that none of the assistants actually were cheating, then he doesn't have much of a case given that the language in his contract is common to those at other schools, and those of previous head football coaches at UT.
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I have to believe the UT lawyers dissected the terminate for cause provision of his contract and the situation he was charged with and determined they could legally fire him for cause. To your point, once in a court of law who knows what will be interpreted but since they told Pruitt's attorney to go pound sand on his extortion attempt I have to believe they think their case is rock solid.
 
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#103
#103
onthehill71 said:
Make that a year..... no suits filed, no wrath of God, no blackmail paid. Looks like UT lawyers have not been fully trained to use UT dollars to support Jimmy Sexton's quest.
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Breach of contract in Tennessee is generally a 6 year statute of limitations.

And the lawyer thrashing gets old on here. They can’t do anything the client doesn’t want to. They can advise of risks, make recommendations, and that’s about it. It’s the client’s decision. Some clients are risk tolerant, some are risk adverse. That’s not on the lawyer. The same lawyer could have the exact same facts in two cases, and ultimately handle the cases two different ways based upon the client’s risk tolerance. That same lawyer is not “smarter” or “tougher” based upon either client’s decision.
 
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#105
#105
1 in 102 455 said:
Breach of contract in Tennessee is generally a 6 year statute of limitations.

And the lawyer thrashing gets old on here. They can’t do anything the client doesn’t want to. They can advise of risks, make recommendations, and that’s about it. It’s the client’s decision. Some clients are risk tolerant, some are risk adverse. That’s not on the lawyer. The same lawyer could have the exact same facts in two cases, and ultimately handle the cases two different ways based upon the client’s risk tolerance. That same lawyer is not “smarter” or “tougher” based upon either client’s decision.
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Never forget the "client" is Jimmy Sexton pushing for his share of the buyout and desperate to protect his quest to eliminate for cause discharges, no matter how incontrovertible the evidence against offending coaches. Interesting to watch the legal ballet.
 
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#106
#106
I was hoping this was one of those "you need to file within a year or forget it" lawsuits. It's not, I'm told, and Cornbread has several years apparently to file a "breach of contract" lawsuit. Ugh.
 
#107
#107
onthehill71 said:
Never forget the "client" is Jimmy Sexton pushing for his share of the buyout and desperate to protect his quest to eliminate for cause discharges, no matter how incontrovertible the evidence against offending coaches. Interesting to watch the legal ballet.
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Sexton works for Pruitt, not the other way around, and Lyons represents Pruitt, not Jimmy Sexton.
 
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#108
#108
BeardedVol said:
Sexton works for Pruitt, not the other way around, and Lyons represents Pruitt, not Jimmy Sexton.
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I think you are missing the bigger picture. Sexton engaged Lyons on behalf of Pruitt , yes. However, Sexton represents 11 SEC coaches and 5 NFL coaches. He got this level of power and leverage by having a facade of absolute supremacy. Lyons was engaged to threaten UT with a scorched earth scenario thereby securing a big buyout check for himself and Pruitt. It also reinforced to his client base that a with cause discharge was a meaningless clause in a contract. It is repeatedly stated by media cynics and smug message board posters that institutions would fold their cards if the big donors felt threatened or the dark side of college athletics would be revealed.

If UT actually sticks to their legal rights and prevails, Sexton's aggressive posture will serve him well.

As the entire scene plays out, we may see a shift in the balance of power from agents back to the institutions. I believe Pruitt's case is just a piece in a much bigger puzzle.
 
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#109
#109
onthehill71 said:
I think you are missing the bigger picture. Sexton engaged Lyons on behalf of Pruitt , yes. However, Sexton represents 11 SEC coaches and 5 NFL coaches. He got this level of power and leverage by having a facade of absolute supremacy. Lyons was engaged to threaten UT with a scorched earth scenario thereby securing a big buyout check for himself and Pruitt. It also reinforced to his client base that a with cause discharge was a meaningless clause in a contract. It is repeatedly stated by media cynics and smug message board posters that institutions would fold their cards if the big donors felt threatened or the dark side of college athletics would be revealed.

If UT actually sticks to their legal rights and prevails, Sexton's aggressive posture will serve him well.

As the entire scene plays out, we may see a shift in the balance of power from agents back to the institutions. I believe Pruitt's case is just a piece in a much bigger puzzle.
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And if Sexton still represents Pruitt, then he gets paid his fees regardless, or he chooses to no longer represent Pruitt; he's his agent, not his handler.

There's nothing about Pruitt getting fired, that has any bearing on Jimmy Sexton's ability to negotiate on the behalf of his other clients, nor do Pruitt's actions, have any relation to Sexton in anyway.

Unless you've heard otherwise, I've not seen a single report of Jimmy's clientele jumping ship because Pruitt is a moron who got himself fired.
 
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#111
#111
BeardedVol said:
There's nothing about Pruitt getting fired, that has any bearing on Jimmy Sexton's ability to negotiate on the behalf of his other clients, nor do Pruitt's actions, have any relation to Sexton in anyway.

Unless you've heard otherwise, I've not seen a single report of Jimmy's clientele jumping ship because Pruitt is a moron who got himself fired.
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Important takeaway
 
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#112
#112
onthehill71 said:
I think you are missing the bigger picture. Sexton engaged Lyons on behalf of Pruitt , yes. However, Sexton represents 11 SEC coaches and 5 NFL coaches. He got this level of power and leverage by having a facade of absolute supremacy. Lyons was engaged to threaten UT with a scorched earth scenario thereby securing a big buyout check for himself and Pruitt. It also reinforced to his client base that a with cause discharge was a meaningless clause in a contract. It is repeatedly stated by media cynics and smug message board posters that institutions would fold their cards if the big donors felt threatened or the dark side of college athletics would be revealed.

If UT actually sticks to their legal rights and prevails, Sexton's aggressive posture will serve him well.

As the entire scene plays out, we may see a shift in the balance of power from agents back to the institutions. I believe Pruitt's case is just a piece in a much bigger puzzle.
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Meh, idk about the power shifting. Look at the contracts handed out lately. These programs seem unable to help themselves from spending insane amounts of money and getting themselves into crap contracts; I would say it’s a better time than ever to be an agent or coach.
 
#113
#113
DaddyChad said:
Meh, idk about the power shifting. Look at the contracts handed out lately. These programs seem unable to help themselves from spending insane amounts of money and getting themselves into crap contracts; I would say it’s a better time than ever to be an agent or coach.
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Pruitt not getting paid to go away. For cause discharges actually having some teeth.... Both COULD embolden administrations in the future to actually initiate action reducing agents and coaches power.
 
#114
#114
onthehill71 said:
Pruitt not getting paid to go away. For cause discharges actually having some teeth.... Both COULD embolden administrations in the future to actually initiate action reducing agents and coaches power.
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Pruitt was a unique situation. Contracts have gotten better not worse for coaches. Agents and coaches still have a great deal of power. That’s not changing.
 
#115
#115
hog88 said:
4 months is not a long time by any stretch of the imagination.
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It's now August of 2024. I have not heard of any lawsuit filed by Pruitt nor any payments to him for breach of contract.
Does anyone know anything different?
 
#116
#116
onthehill71 said:
Bert did not honor his contract, that's the point. He did not put a good faith effort into securing a fully compensated position. Neither did Lyle. However, our lawyers fell for the red herring argument that all future coaches/agents would be repelled by us actually insisting that the contract be fully honored on both sides. Lest we forget, the "agents" are , in actuality, Jimmy Sexton, as big a snake as you will ever see in the business.
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Totally depends on the contract language bud. Arkansas may have had a stipulation about the job or tier. As someone who deals in contracts I can tell you it’s all about verbiage.
 
#117
#117
The_Big_Orange said:
Totally depends on the contract language bud. Arkansas may have had a stipulation about the job or tier. As someone who deals in contracts I can tell you it’s all about verbiage.
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Many in this thread were certain that UT would fold and pay off Pruitt.... it's been years and I don't believe he has actually even filed suit for recovery.
 
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