I think I have found three several contractual clauses that he has breached:
"2.A.8. Teaching the mechanics and techniques of basketball to team members, coaching student-athletes, overseeing daily practices, analyzing and instructing student-athletes in areas of deficiency."
"2.A.9. Directing the conditioning of student-athletes to achieve maximum athletic performance, assessing student-athletes' skills and assigning team positions; evaluating own and opposing team capabilities to determine game strategy."
2.A.10. Repeats / reinforces 8 and 9 above.
I think he's failed to adequately fulfill these three clauses.....
Under the Notice section in addition to Josh, Next Level Sports; Joey McCutchen in Fort Smith Arkansas is to be copied. Must be his agent.
2.A.12. is interesting it reads simply , "Performing other duties as assigned by the Director of Athletics and/or his or her designee."
There are no stipulations or limitations whatsoever as to what these other duties as assigned may or may not be.
(03-16-2016 09:52 PM)bluebacker Wrote: I think I have found three several contractual clauses that he has breached:
"2.A.8. Teaching the mechanics and techniques of basketball to team members, coaching student-athletes, overseeing daily practices, analyzing and instructing student-athletes in areas of deficiency."
"2.A.9. Directing the conditioning of student-athletes to achieve maximum athletic performance, assessing student-athletes' skills and assigning team positions; evaluating own and opposing team capabilities to determine game strategy."
2.A.10. Repeats / reinforces 8 and 9 above.
I think he's failed to adequately fulfill these three clauses.....
Under the Notice section in addition to Josh, Next Level Sports; Joey McCutchen in Fort Smith Arkansas is to be copied. Must be his agent.
2.A.12. is interesting it reads simply , "Performing other duties as assigned by the Director of Athletics and/or his or her designee."
There are no stipulations or limitations whatsoever as to what these other duties as assigned may or may not be.
Give it up. McCutcheon used to be in the Sexton law firm. He's partnering with someone else in personal injury cases now.
Listen, Memphis should just fire his azz & offer him nothing and tell him, "if you wanna challenge it we'll see you in court. Our pockets are deeper than yours, our reputation will recover from this debacle but the whole college basketball world will officially be put on notice once this case goes public that you suck. That you were paid millions of dollars to run a perennial top 25 program into the ground. That you ran off player after player after player. That you under performed every season but 1. That you ran down the university that made you a millionaire by constantly discounting its past, insulting its fans, students, boosters & leadership. You have been an unprofessional, defiant liar. So yes, if you want to get in the mud, spend the money you've made on lawyers, & come out on the other end with a tarnished reputation & not even be able to land an analyst gig with CBS sports, by all means Josh, then let's get in the mud. Or, go away quietly in the wind like you should have done in the first place & you would've had your money & reputation. But now the only thing we are offering you as a parting gift is your reputation. Take it or fight it, we can take this to court before a jury of your peers right here in good ole Memphis effing We don't bluff Tennessee."
(03-16-2016 09:52 PM)bluebacker Wrote: 2.A.12. is interesting it reads simply , "Performing other duties as assigned by the Director of Athletics and/or his or her designee."
There are no stipulations or limitations whatsoever as to what these other duties as assigned may or may not be.
Forget negotiating with him, test what he is willing to do for those $10 million. Come up with stunts to humiliate him at games and boost attendance.
Something along these lines:
(This post was last modified: 03-17-2016 02:57 AM by John44932.)
(03-17-2016 01:25 AM)BIGDTiger Wrote: Listen, Memphis should just fire his azz & offer him nothing and tell him, "if you wanna challenge it we'll see you in court. Our pockets are deeper than yours, our reputation will recover from this debacle but the whole college basketball world will officially be put on notice once this case goes public that you suck. That you were paid millions of dollars to run a perennial top 25 program into the ground. That you ran off player after player after player. That you under performed every season but 1. That you ran down the university that made you a millionaire by constantly discounting its past, insulting its fans, students, boosters & leadership. You have been an unprofessional, defiant liar. So yes, if you want to get in the mud, spend the money you've made on lawyers, & come out on the other end with a tarnished reputation & not even be able to land an analyst gig with CBS sports, by all means Josh, then let's get in the mud. Or, go away quietly in the wind like you should have done in the first place & you would've had your money & reputation. But now the only thing we are offering you as a parting gift is your reputation. Take it or fight it, we can take this to court before a jury of your peers right here in good ole Memphis effing We don't bluff Tennessee."
How do you convince any potential replacement candidates that we would fulfill our contractual obligations going forward? This would be a publicity nightmare.
(03-16-2016 09:52 PM)bluebacker Wrote: I think I have found three several contractual clauses that he has breached:
"2.A.8. Teaching the mechanics and techniques of basketball to team members, coaching student-athletes, overseeing daily practices, analyzing and instructing student-athletes in areas of deficiency."
"2.A.9. Directing the conditioning of student-athletes to achieve maximum athletic performance, assessing student-athletes' skills and assigning team positions; evaluating own and opposing team capabilities to determine game strategy."
2.A.10. Repeats / reinforces 8 and 9 above.
I think he's failed to adequately fulfill these three clauses.....
Under the Notice section in addition to Josh, Next Level Sports; Joey McCutchen in Fort Smith Arkansas is to be copied. Must be his agent.
2.A.12. is interesting it reads simply , "Performing other duties as assigned by the Director of Athletics and/or his or her designee."
There are no stipulations or limitations whatsoever as to what these other duties as assigned may or may not be.
Give it up. McCutcheon used to be in the Sexton law firm. He's partnering with someone else in personal injury cases now.
I am originally from Fort Smith. He is currently busy suing Fort Smith School Board Members for changing one of the high school's mascots from the Rebels to the Mavericks and because they had the nerve to change the fight song a month or two before this school year started...
(03-17-2016 01:25 AM)BIGDTiger Wrote: Listen, Memphis should just fire his azz & offer him nothing and tell him, "if you wanna challenge it we'll see you in court. Our pockets are deeper than yours, our reputation will recover from this debacle but the whole college basketball world will officially be put on notice once this case goes public that you suck. That you were paid millions of dollars to run a perennial top 25 program into the ground. That you ran off player after player after player. That you under performed every season but 1. That you ran down the university that made you a millionaire by constantly discounting its past, insulting its fans, students, boosters & leadership. You have been an unprofessional, defiant liar. So yes, if you want to get in the mud, spend the money you've made on lawyers, & come out on the other end with a tarnished reputation & not even be able to land an analyst gig with CBS sports, by all means Josh, then let's get in the mud. Or, go away quietly in the wind like you should have done in the first place & you would've had your money & reputation. But now the only thing we are offering you as a parting gift is your reputation. Take it or fight it, we can take this to court before a jury of your peers right here in good ole Memphis effing We don't bluff Tennessee."
We would be lucky to end up with a junior high school coach as a replacement by taking that stance.
(03-17-2016 01:25 AM)BIGDTiger Wrote: Listen, Memphis should just fire his azz & offer him nothing and tell him, "if you wanna challenge it we'll see you in court. Our pockets are deeper than yours, our reputation will recover from this debacle but the whole college basketball world will officially be put on notice once this case goes public that you suck. That you were paid millions of dollars to run a perennial top 25 program into the ground. That you ran off player after player after player. That you under performed every season but 1. That you ran down the university that made you a millionaire by constantly discounting its past, insulting its fans, students, boosters & leadership. You have been an unprofessional, defiant liar. So yes, if you want to get in the mud, spend the money you've made on lawyers, & come out on the other end with a tarnished reputation & not even be able to land an analyst gig with CBS sports, by all means Josh, then let's get in the mud. Or, go away quietly in the wind like you should have done in the first place & you would've had your money & reputation. But now the only thing we are offering you as a parting gift is your reputation. Take it or fight it, we can take this to court before a jury of your peers right here in good ole Memphis effing We don't bluff Tennessee."
How do you convince any potential replacement candidates that we would fulfill our contractual obligations going forward? This would be a publicity nightmare.
That and the fact that a first year law student could beat the University in that case would makes us look so good!
(03-17-2016 01:25 AM)BIGDTiger Wrote: Listen, Memphis should just fire his azz & offer him nothing and tell him, "if you wanna challenge it we'll see you in court. Our pockets are deeper than yours, our reputation will recover from this debacle but the whole college basketball world will officially be put on notice once this case goes public that you suck. That you were paid millions of dollars to run a perennial top 25 program into the ground. That you ran off player after player after player. That you under performed every season but 1. That you ran down the university that made you a millionaire by constantly discounting its past, insulting its fans, students, boosters & leadership. You have been an unprofessional, defiant liar. So yes, if you want to get in the mud, spend the money you've made on lawyers, & come out on the other end with a tarnished reputation & not even be able to land an analyst gig with CBS sports, by all means Josh, then let's get in the mud. Or, go away quietly in the wind like you should have done in the first place & you would've had your money & reputation. But now the only thing we are offering you as a parting gift is your reputation. Take it or fight it, we can take this to court before a jury of your peers right here in good ole Memphis effing We don't bluff Tennessee."
How do you convince any potential replacement candidates that we would fulfill our contractual obligations going forward? This would be a publicity nightmare.
That and the fact that a first year law student could beat the University in that case would makes us look so good!
We could probably win if Lipmann took the case though.
(03-17-2016 01:25 AM)BIGDTiger Wrote: Listen, Memphis should just fire his azz & offer him nothing and tell him, "if you wanna challenge it we'll see you in court. Our pockets are deeper than yours, our reputation will recover from this debacle but the whole college basketball world will officially be put on notice once this case goes public that you suck. That you were paid millions of dollars to run a perennial top 25 program into the ground. That you ran off player after player after player. That you under performed every season but 1. That you ran down the university that made you a millionaire by constantly discounting its past, insulting its fans, students, boosters & leadership. You have been an unprofessional, defiant liar. So yes, if you want to get in the mud, spend the money you've made on lawyers, & come out on the other end with a tarnished reputation & not even be able to land an analyst gig with CBS sports, by all means Josh, then let's get in the mud. Or, go away quietly in the wind like you should have done in the first place & you would've had your money & reputation. But now the only thing we are offering you as a parting gift is your reputation. Take it or fight it, we can take this to court before a jury of your peers right here in good ole Memphis effing We don't bluff Tennessee."
This is as equally bad as your accounting post on Josh's contract.
A court is not going to allow one party to say someone breached and thats it. If its a contract termination type of breach, then the alleged breach has to be communicated to the other party, the other party gets a chance to rebut or fix the breach, and then you go from there. You dont just get to say "in my opinion you breached so I dont owe you any money." Well, you can say it all day long, but you'll end up owing the amount of money due in the contract, plus interest and attorney's fees.
(03-17-2016 07:54 AM)UofMstateU Wrote: A court is not going to allow one party to say someone breached and thats it. If its a contract termination type of breach, then the alleged breach has to be communicated to the other party, the other party gets a chance to rebut or fix the breach, and then you go from there. You dont just get to say "in my opinion you breached so I dont owe you any money." Well, you can say it all day long, but you'll end up owing the amount of money due in the contract, plus interest and attorney's fees.
There's 2-3 pages that cover the Termination with Cause scenario.
(03-16-2016 09:52 PM)bluebacker Wrote: 2.A.12. is interesting it reads simply , "Performing other duties as assigned by the Director of Athletics and/or his or her designee."
That's pretty standard for all university employees. I know it was in my job description when I worked there in IT.
/
Having re-read Pastner's Contract....
