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WVU/RR legal battle continues
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Jackson1011 Online
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WVU/RR legal battle continues
Wow...getting those phone records will be interesting...when did RR start talking to UM?? Before the Pitt game??

Jackson


January 9, 2008
WVU awaiting Rodriguez move
By Mike Casazza
Daily Mail sportswriter
MORGANTOWN -- It has been 13 days since West Virginia University's Board of Governors filed its declaratory judgment lawsuit in Monongalia County Circuit Court and the defendant, former football Coach Rich Rodriguez, has seven days to reply.

So far, there has been no response, which is no surprise to WVU. The university is seeking the $4 million buyout Rodriguez's most recent employment agreement says he must pay for terminating the contract early, as well as reimbursement for fees and costs sustained as a result of the legal action.

"It could be resolved quite easily if Coach Rodriguez determined that he would do what the contract says he should do and agree to pay the buyout," President Mike Garrison said.

Yet from the day he was introduced as the new coach at the University of Michigan Dec. 17, Rodriguez hinted he would contest the buyout when he said, "lawyers are working on it."

"That gave us an indication he was going to challenge the enforceability of the agreement," said Alex Macia, legal counsel and vice president of legal affairs for WVU.

When supporters of Rodriguez accused the university of breaking promises, WVU took note and then took action. The university is not suing Rodriguez for a breach of contract, but rather trying to prevent a breach by asking the court to decide who is responsible for what in accordance with the employment agreement.

"We're asking the court for a legal opinion of who has to perform," Macia said. "We want the court to say he has to abide by his promises."

The key promise is the $4 million buyout, one-third of which is due Jan. 19, and WVU has made its case while attempting to debunk any potential Rodriguez comeback.

In addition, Bob Fitzsimmons, who represented former WVU men's basketball Coach John Beilein as he successfully reduced his $2.5 million buyout by $1 million last year, is a counsel for WVU in this case.

* * *

IN THE declaratory judgment filed Dec. 27, WVU requested a series of admissions from Rodriguez and sought to refute claims made by him or on his behalf. The action was prompted by allegations made by the coach's supporters who said negligence by WVU's athletic department caused Rodriguez's resignation.

The most serious charge said WVU did not keep several promises made to Rodriguez, either in word or in writing, regarding facility improvements and money to be made available for his staff.

"We did this here because the supporters of Rich Rodriguez, who questioned the validity of the contract, and because Rich Rodriguez never disavowed their questioning of the contract," Macia said. "We felt court was the best place to determine the validity."

In the lawsuit, WVU states the most recent employment agreement between the school and Rodriguez "contained all the terms and conditions to which the parties had agreed and that no other understandings or representations, either oral or written, regarding the subject matter of the Agreement existed or bound the parties."

Additionally, WVU says it fulfilled all other terms of the contract "including, but not limited to, the supplemental payment to the assistant coaches' salary pool and certain Puskar Center renovations."

In essence, WVU tried to discredit the complaints made public by Rodriguez's disgruntled supporters.

"The things we saw reported in the news, but have not seen directly from Rich Rodriguez, most of them are not in the contract to begin with," Macia said. "Even if they were, they don't rise to the level of material or substantial."

WVU also requests Rodriguez admit it did not breach the contract. If Rodriguez disagrees, he is to submit a statement explaining his point of view, as well as documents that prove WVU's breach.

The breach is significant because Rodriguez's contract says WVU pays him the buyout if he terminates the contract "because of material and substantial breach of the Agreement by University." However, for Rodriguez to claim a breach he must submit written notice within 90 days of the incident or its discovery and that breach has to go uncured for 30 days by the university.

"We never received anything in writing and never had the opportunity to cure anything," Macia said. "We have to have an opportunity to cure and if it remains uncured after 30 days, he can then say 'I will terminate for cause.'"

* * *

WHEN BEILEIN and Fitzsimmons fought WVU, they did so behind the definition of the buyout. Beilein and Rodriguez had contracts defining the fee as liquidated damages.

Liquidated damages are designed to compensate one party when the other does not fulfill the terms of a contract, but they are more a matter of contractual interpretation than obligation.

"It's a reasonable assessment on the front end of the contract for what the damages might be," Macia said.

Beilein and Fitzsimmons argued that WVU sustained damages not equal to $2.5 million. They said the university quickly hired Bob Huggins to coach the team, lost no players or recruits as a result of Beilein's departure and could not say ticket sales, TV revenue and donations to the athletic department would be negatively affected.

This time, however, WVU feels it has experienced greater consequences.

For example, six assistant coaches and the director of strength and conditioning and five people from his staff left WVU to rejoin Rodriguez at Michigan. That could affect the current roster, recruiting commitments, competition and future revenue.

"What it does is show the (buyout) amount was reasonable," Macia said. "When you have to go out and recruit and hire new coaches and essentially replace a good chunk of your coaching staff, there are expenses related to that type of search.

"It certainly dampens ticket sales and there are a whole host of other issues attached to his leaving. That is precisely what liquidated damages are for."

Two more claims support WVU's case. It says Rodriguez spoke with Michigan representatives about the head coaching job on or before Dec. 14, 2007 and prior to Rodriguez's resignation, and did so "without prior knowledge or consent of the university."

WVU also says on or before Dec. 16, 2007 and prior to his resignation, "Rodriguez and/or persons on his behalf communicated with student athlete recruits for the 2008 football team regarding his employment as the Head Coach of the University of Michigan." That also occurred without prior approval from WVU.

WVU not only asks for admission to both charges or explanations and proof of his denial, but also "full and complete copies of all cell phone records, text message records, phone records, and e-mails for the time period between Dec. 1, 2007, up to and including Dec. 18, 2007."

Additionally, Rodriguez is to submit the names of the recruits he or those under his direction contacted from Dec. 16-18. Rodriguez told his team he was leaving Dec. 16 and was employed through Dec. 18. The NCAA recruiting calendar was on a quiet period Dec. 16. A dead period began Dec. 17 and continued through Jan. 1.

"There are serious and substantial concerns with the way he departed and how we might be implicated by the NCAA," Macia said. "We also want to make sure in all instances West Virginia and its programs are being run consistent with the law."
01-09-2008 11:20 AM
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bitcruncher Offline
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RE: WVU/RR legal battle continues
Those last points are potential bombs for Rodriguez and Michigan. It could damage their recruiting efforts for years. 04-rock
01-09-2008 05:00 PM
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SF Husky Offline
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RE: WVU/RR legal battle continues
Wow this is getting ugly. He needs to pay the $4M. This is ridiculous when coaches can agree to something and then turn it around and try to get out of the contract when a better situation shows up.
01-09-2008 09:10 PM
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Crimsonelf Offline
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Post: #4
RE: WVU/RR legal battle continues
Did any of you catch the ESPN crawl about Ryan Mallett transferring from Michigan? Well, it's kinda late now, actually. But it was always pretty obvious that he was not the QB to run Rod's O, but we all know who the Rodder is trying to get: Terrelle Pryor. He's saying, 'hey Terrelle, the QB position is all yours, just sign on the dotted line.'

Thought about starting a new thread on this, but then thought: well this is a BE board, and that is between Roddy/Wolvies & Pryor, but then recalled (thanks to the above articles) that Rodkins was recruiting Pryor to WVU. Hmmmm...
(This post was last modified: 01-09-2008 11:57 PM by Crimsonelf.)
01-09-2008 11:55 PM
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frogman Offline
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Post: #5
RE: WVU/RR legal battle continues
"The breach is significant because Rodriguez's contract says WVU pays him the buyout if he terminates the contract "because of material and substantial breach of the Agreement by University." However, for Rodriguez to claim a breach he must submit written notice within 90 days of the incident or its discovery and that breach has to go uncured for 30 days by the university."

This is why the university must sue DickRod. If they breached they pay him $4 million. It's collect or pay- somebody owes somebody. Rod's claiming breach but did not follow the 90 day notice detailed above and did not give the University the 30 day correction time. Either Rod broke the deal or they did and the only way to clearly show that they did not is to sue Rod for the $4 million. They can come to a new agreement in court but I'd get the money from Rod because he's also taking staff with him.

BUt I agree the potential NCAA recruting violations are gonna hurt more than the $4 million.
Looks like Rod dicked himself.
(This post was last modified: 01-10-2008 03:25 AM by frogman.)
01-10-2008 03:18 AM
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panite Offline
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RE: WVU/RR legal battle continues
If I were head of the WV legal team and Rich Rod didn't make his January payment I would get an injunction or sue Michigan to keep him from coaching there as he would still be under contract to WV. Someone would come with the cash fast to put this thing behind both schools fast. Michigan doesn't want to get drug into this thing. If it gets ugly for both sides Rich Rod will be on the street or the payment will be made. It will also send a message to the other conferences - if you are coming for the BE coaches - come prepared to pay their buyouts right from the start. 05-stirthepot 04-rock 04-cheers
01-10-2008 06:45 AM
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RE: WVU/RR legal battle continues
panite Wrote:If I were head of the WV legal team and Rich Rod didn't make his January payment I would get an injunction or sue Michigan to keep him from coaching there as he would still be under contract to WV. Someone would come with the cash fast to put this thing behind both schools fast. Michigan doesn't want to get drug into this thing. If it gets ugly for both sides Rich Rod will be on the street or the payment will be made. It will also send a message to the other conferences - if you are coming for the BE coaches - come prepared to pay their buyouts right from the start. 05-stirthepot 04-rock 04-cheers
I agree with this. Get this out of the way so everyone can put this behind them and move on. From what I can see Michigan did nothing that is not normal in today's big time football environment and they probably would like this out of the headlines. My only question would be if MI had some responsibility to tell WVU they were talking to RR.
01-10-2008 08:02 AM
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RIVER CITY PIRATE Offline
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Post: #8
RE: WVU/RR legal battle continues
I hope he has to pay every cent of that buyout. A contract is a contract. It is that simple. You can bet your ass if he had been fired he would want his payment. Good luck WVU on getting what is yours!!
(This post was last modified: 01-10-2008 08:41 AM by RIVER CITY PIRATE.)
01-10-2008 08:33 AM
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bitcruncher Offline
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Post: #9
RE: WVU/RR legal battle continues
LaRue777 Wrote:
panite Wrote:If I were head of the WV legal team and Rich Rod didn't make his January payment I would get an injunction or sue Michigan to keep him from coaching there as he would still be under contract to WV. Someone would come with the cash fast to put this thing behind both schools fast. Michigan doesn't want to get drug into this thing. If it gets ugly for both sides Rich Rod will be on the street or the payment will be made. It will also send a message to the other conferences - if you are coming for the BE coaches - come prepared to pay their buyouts right from the start. 05-stirthepot 04-rock 04-cheers
I agree with this. Get this out of the way so everyone can put this behind them and move on. From what I can see Michigan did nothing that is not normal in today's big time football environment and they probably would like this out of the headlines. My only question would be if MI had some responsibility to tell WVU they were talking to RR.
I'm sure several legal strong-arm tactics are being considered, even as we speak. :007:
01-10-2008 08:54 AM
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Post: #10
RE: WVU/RR legal battle continues
RR needs to man it up.. and pay his bills...
01-10-2008 09:30 AM
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bitcruncher Offline
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RE: WVU/RR legal battle continues
Why? Somebody else always has before.
01-10-2008 09:39 AM
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RE: WVU/RR legal battle continues
West Virginia senator holds grudge against Rodriguez
Jake Stump
Charleston (W.Va.) Daily Mail

U.S. Sen. Jay Rockefeller called football coach Rich Rodriguez "amoral" for the way he left West Virginia last month.

"Don't get me started on that," Rockefeller said at a meeting Thursday with the Daily Mail editorial board. "I'm furious at Rich Rodriguez.

"You don't do that. You don't desert your team and then go off and don't even coach them in a bowl."

Consider Rockefeller another Mountaineer fan still fuming over the abrupt departure of Rodriguez, who announced Dec. 16 he was leaving Morgantown to become the coach at Michigan.

The senator said he doesn't know Rodriguez personally and hasn't spoken to him about his departure.

But Rockefeller had strong words to say about it.

"I just think it's amoral -- not immoral -- but amoral behavior when you dump your team and take off," Rockefeller said. "You just don't do that in America. And you don't do it to kids."

A huge sports fan, Rockefeller noted that in the end, things turned out OK for the Mountaineers with their 48-28 Fiesta Bowl victory over Oklahoma and the hiring of new coach Bill Stewart.

He even said WVU would have beaten Ohio State if the teams had squared off for the national championship. LSU defeated Ohio State for the title.

"The effect, interestingly, and the nature of the bowl game was quite the opposite," Rockefeller said about the events leading up to the Fiesta Bowl. "Everyone bonded. It was unbelievable. Pat White said, barely audibly, 'We want him (Bill Stewart) to be our coach.' Joe Manchin says he (Stewart) is very good, but I don't know him."

In fact, when Rockefeller caught up with Manchin at a mining symposium Thursday morning, the first thing the two men talked about was Rodriguez, the senator said.

Rockefeller also criticized Rodriguez for the way he flirted with a head coaching job at Alabama in 2006. That helped sweeten the pot for him at WVU.

"I didn't like the Alabama thing because he was using us on that and it was obvious," Rockefeller said. "But we weren't in a position where we could do much about it so we accommodated and I don't know what he got out of that.

"I think (WVU President) Mike Garrison was great when he said, 'We're tired of that stuff. You go right ahead to Michigan.'"

Rockefeller added, "I don't know if he's such a great coach. Michigan may find out some things they don't want to find out. He always ran (Steve) Slaton right into their defensive line. He'd run it eight times in a row and get a yard or so on most of the runs before breaking out. But it didn't work with Pittsburgh."

The senator believes Rodriguez should pay the $4 million WVU is seeking from the coach. The university contends in a lawsuit that's how much Rodriguez owes for leaving his contract six years early.

"I was very happy when I heard about that suit, I really was," Rockefeller said.

Rockefeller has followed WVU football for years, including his days as West Virginia governor from 1977 to 1985.

On Thursday, he recounted a story, as told in Don Nehlen's autobiography, "Tales from the West Virginia Sideline," of an unorthodox means to raise quick cash for the WVU football program, using the power of the governor's office to twist some high-profile arms.

The team was in dire need of facilities, and Nehlen coincidentally threatened to go to Michigan if the state couldn't accommodate his requests.

According to an interview with journalist Chris Yandek in 2006, Nehlen said, "Governor Rockefeller was there and he told me we were going to have to put trailers in the end zone because we didn't have the money for locker rooms and coaches' offices.

"I said, 'Hey. I am going back to Michigan, man. The image West Virginia has, that's all I need, is to bring kids in and put them in trailers to talk to them.'"

The governor then devised a way to fund Nehlen's requests while keeping him at WVU. Rockefeller said he invited the 12 richest West Virginians he knew to the governor's mansion.

According to Nehlen, Rockefeller told the 12 invitees, "I didn't bring you here to feed you. I brought you here to raise some money for Coach."

Rockefeller recalled having state police troopers posted at the doors, looking imposing, to discourage anyone who might want to leave. He also said the rich guys wound up getting competitive about who could pony up the most money.

Nehlen said he walked out of there with about $1.2 million and enough to build new offices, a weight room and locker room.

"I didn't know that secret was revealed," Rockefeller said, jokingly. "We had so much fun doing that. I really should've gone to the federal penitentiary."

This article appeared in the Detroit News on Saturday, January 12, 2008.
01-15-2008 03:45 PM
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RE: WVU/RR legal battle continues
goodknightfl Wrote:RR needs to man it up.. and pay his bills...

The money isn't even supposed to be paid until the 20th of January
01-15-2008 11:47 PM
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Crimsonelf Offline
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RE: WVU/RR legal battle continues
MichiganTiger Wrote:
goodknightfl Wrote:RR needs to man it up.. and pay his bills...

The money isn't even supposed to be paid until the 20th of January

4 days and counting.

I love that article about Sen. Rockefeller, good stuff in getting the money for Nehlen. 'should've gone to the federal pen' Ha! 03-lmfao
01-16-2008 01:39 AM
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RE: WVU/RR legal battle continues
DIckRod is a dirtbag. Now WVU fans can clearly see why other teams can't stand him. The idea of an injunction is classic. There should also be an NCAA investigation of whether he was recruiting for Michigan while still employed at WVU. He supposedly told Terrelle Pryor we was going to Michigan before he told his employers. How funny would it be to see Michigan on probation as a result of this?
01-16-2008 06:26 AM
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RE: WVU/RR legal battle continues
Krocker Krapp Wrote:West Virginia senator holds grudge against Rodriguez
Jake Stump
Charleston (W.Va.) Daily Mail

U.S. Sen. Jay Rockefeller called football coach Rich Rodriguez "amoral" for the way he left West Virginia last month.

"Don't get me started on that," Rockefeller said at a meeting Thursday with the Daily Mail editorial board. "I'm furious at Rich Rodriguez.

"You don't do that. You don't desert your team and then go off and don't even coach them in a bowl."

Consider Rockefeller another Mountaineer fan still fuming over the abrupt departure of Rodriguez, who announced Dec. 16 he was leaving Morgantown to become the coach at Michigan.

The senator said he doesn't know Rodriguez personally and hasn't spoken to him about his departure.

But Rockefeller had strong words to say about it.

"I just think it's amoral -- not immoral -- but amoral behavior when you dump your team and take off," Rockefeller said. "You just don't do that in America. And you don't do it to kids."

A huge sports fan, Rockefeller noted that in the end, things turned out OK for the Mountaineers with their 48-28 Fiesta Bowl victory over Oklahoma and the hiring of new coach Bill Stewart.

He even said WVU would have beaten Ohio State if the teams had squared off for the national championship. LSU defeated Ohio State for the title.

"The effect, interestingly, and the nature of the bowl game was quite the opposite," Rockefeller said about the events leading up to the Fiesta Bowl. "Everyone bonded. It was unbelievable. Pat White said, barely audibly, 'We want him (Bill Stewart) to be our coach.' Joe Manchin says he (Stewart) is very good, but I don't know him."

In fact, when Rockefeller caught up with Manchin at a mining symposium Thursday morning, the first thing the two men talked about was Rodriguez, the senator said.

Rockefeller also criticized Rodriguez for the way he flirted with a head coaching job at Alabama in 2006. That helped sweeten the pot for him at WVU.

"I didn't like the Alabama thing because he was using us on that and it was obvious," Rockefeller said. "But we weren't in a position where we could do much about it so we accommodated and I don't know what he got out of that.

"I think (WVU President) Mike Garrison was great when he said, 'We're tired of that stuff. You go right ahead to Michigan.'"

Rockefeller added, "I don't know if he's such a great coach. Michigan may find out some things they don't want to find out. He always ran (Steve) Slaton right into their defensive line. He'd run it eight times in a row and get a yard or so on most of the runs before breaking out. But it didn't work with Pittsburgh."

The senator believes Rodriguez should pay the $4 million WVU is seeking from the coach. The university contends in a lawsuit that's how much Rodriguez owes for leaving his contract six years early.

"I was very happy when I heard about that suit, I really was," Rockefeller said.

Rockefeller has followed WVU football for years, including his days as West Virginia governor from 1977 to 1985.

On Thursday, he recounted a story, as told in Don Nehlen's autobiography, "Tales from the West Virginia Sideline," of an unorthodox means to raise quick cash for the WVU football program, using the power of the governor's office to twist some high-profile arms.

The team was in dire need of facilities, and Nehlen coincidentally threatened to go to Michigan if the state couldn't accommodate his requests.

According to an interview with journalist Chris Yandek in 2006, Nehlen said, "Governor Rockefeller was there and he told me we were going to have to put trailers in the end zone because we didn't have the money for locker rooms and coaches' offices.

"I said, 'Hey. I am going back to Michigan, man. The image West Virginia has, that's all I need, is to bring kids in and put them in trailers to talk to them.'"

The governor then devised a way to fund Nehlen's requests while keeping him at WVU. Rockefeller said he invited the 12 richest West Virginians he knew to the governor's mansion.

According to Nehlen, Rockefeller told the 12 invitees, "I didn't bring you here to feed you. I brought you here to raise some money for Coach."

Rockefeller recalled having state police troopers posted at the doors, looking imposing, to discourage anyone who might want to leave. He also said the rich guys wound up getting competitive about who could pony up the most money.

Nehlen said he walked out of there with about $1.2 million and enough to build new offices, a weight room and locker room.

"I didn't know that secret was revealed," Rockefeller said, jokingly. "We had so much fun doing that. I really should've gone to the federal penitentiary."

This article appeared in the Detroit News on Saturday, January 12, 2008.

While I tend to be on WV side in this one... The 03-hissyfit :hissyfit:Senator should just shut up... anyone who spends his whole career stealing from one group of people to hand it out to another has no room to talk.. hell the man is a politician.03-phew. and as such has 0% credibility on anthing. 03-banghead
(This post was last modified: 01-16-2008 08:21 AM by Ring of Black.)
01-16-2008 07:05 AM
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bitcruncher Offline
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Post: #17
RE: WVU/RR legal battle continues
Shannon Panther Wrote:DIckRod is a dirtbag. Now WVU fans can clearly see why other teams can't stand him. The idea of an injunction is classic. There should also be an NCAA investigation of whether he was recruiting for Michigan while still employed at WVU. He supposedly told Terrelle Pryor we was going to Michigan before he told his employers. How funny would it be to see Michigan on probation as a result of this?
That is the key issue here. He seems to have gone out of his way to ruin WVU's recruiting efforts for the year, as well as doing his best to see to it that the players fromerly under his direction will be unable to reach their full potential in the upcoming season. Not only do those actions hold legal ramifications, but they also are not what a coach is supposed to do to his players. That is contrary to all coaching theory.

What does it tell the kids you are recruiting when they see that if the coach moves on while you're there, he will do his best to sabbotage your following season? 03-banghead
01-16-2008 07:06 AM
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RE: WVU/RR legal battle continues
Good Knight, I just edited your post to fix your 03-hissyfit smilies. FYI, if you want to put more than one side by side, you need to insert a space between them.
01-16-2008 08:23 AM
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mattsarz Offline
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Post: #19
RE: WVU/RR legal battle continues
LaRue777 Wrote:My only question would be if MI had some responsibility to tell WVU they were talking to RR.

I believe they did since RR was under contract. Note that SMU had to ask Hawai'i for permission to speak to June Jones. While Jones contract was expiring in June '08, he was still under contract until then.

If you parallel that to the Houston Nutt situation, I believe Arkansas allowed him to seek out other opportunities. I doubt Ole Miss had to ask permission since Nutt appeared to be on his way out.
01-16-2008 09:01 AM
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bitcruncher Offline
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RE: WVU/RR legal battle continues
Since there is a lawsuit involved, I'm sure all details are being fully investigated, including the most recently discovered events, which may have come out as a result of these investigations. We'll find out more shortly.
01-16-2008 09:30 AM
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