(09-24-2021 08:05 AM)rath v2.0 Wrote:  UC filed its omnibus motion to dismiss a few weeks ago. Those rarely get granted unless the other side’s pleading is Italian television level of nuts.

(09-24-2021 08:45 AM)CliftonAve Wrote:  These civil matters always take back seat to the criminal cases, but in our post covid world these cases are even further kicked down the docket as they are still dealing with the long shutdown. If this case gets tried it won't get in front of a jury until 2023.

(09-24-2021 10:15 AM)Cataclysmo Wrote:  

(09-24-2021 08:45 AM)CliftonAve Wrote:  These civil matters always take back seat to the criminal cases, but in our post covid world these cases are even further kicked down the docket as they are still dealing with the long shutdown. If this case gets tried it won't get in front of a jury until 2023.

The 5th amendment guarantees you the right to a speedy trial, unless everyone takes the year off for a global pandemic.

(09-24-2021 05:47 PM)robertfoshizzle Wrote:  I'm just glad the Brannen mess has been waaaay overshadowed by all the positive things that have happened in our athletic department since then. I wonder if we will be more amenable to settling with our financial fortunes about to improve. Obviously we still need to be prudent in our spending, but if there's an opportunity to settle the matter for $2 million or so, would we consider it? Either way, my level of concern these days regarding the Brannen lawsuit is officially zero.

(09-24-2021 05:47 PM)robertfoshizzle Wrote:  I'm just glad the Brannen mess has been waaaay overshadowed by all the positive things that have happened in our athletic department since then. I wonder if we will be more amenable to settling with our financial fortunes about to improve. Obviously we still need to be prudent in our spending, but if there's an opportunity to settle the matter for $2 million or so, would we consider it? Either way, my level of concern these days regarding the Brannen lawsuit is officially zero.

(09-24-2021 06:19 PM)CliftonAve Wrote:  

(09-24-2021 05:47 PM)robertfoshizzle Wrote:  I'm just glad the Brannen mess has been waaaay overshadowed by all the positive things that have happened in our athletic department since then. I wonder if we will be more amenable to settling with our financial fortunes about to improve. Obviously we still need to be prudent in our spending, but if there's an opportunity to settle the matter for $2 million or so, would we consider it? Either way, my level of concern these days regarding the Brannen lawsuit is officially zero.

UC has Director’s & Officer’s insurance coverage which will be paying the defense costs and any indemnity (settlement).

(09-24-2021 05:50 PM)bearcatmark Wrote:  

(09-24-2021 05:47 PM)robertfoshizzle Wrote:  I'm just glad the Brannen mess has been waaaay overshadowed by all the positive things that have happened in our athletic department since then. I wonder if we will be more amenable to settling with our financial fortunes about to improve. Obviously we still need to be prudent in our spending, but if there's an opportunity to settle the matter for $2 million or so, would we consider it? Either way, my level of concern these days regarding the Brannen lawsuit is officially zero.

I think we'd absolutely settle for 2 million. A reasonable settlement is much preferred to ongoing litigation

(09-24-2021 08:10 PM)doss2 Wrote:  

(09-24-2021 06:19 PM)CliftonAve Wrote:  

(09-24-2021 05:47 PM)robertfoshizzle Wrote:  I'm just glad the Brannen mess has been waaaay overshadowed by all the positive things that have happened in our athletic department since then. I wonder if we will be more amenable to settling with our financial fortunes about to improve. Obviously we still need to be prudent in our spending, but if there's an opportunity to settle the matter for $2 million or so, would we consider it? Either way, my level of concern these days regarding the Brannen lawsuit is officially zero.

UC has Director’s & Officer’s insurance coverage which will be paying the defense costs and any indemnity (settlement).

Such insurance does not indemnify for not honoring a contract.

(09-24-2021 09:48 PM)QSECOFR Wrote:  Unless Brannen chooses to settle quietly, he will end up being a case study for law students re: Pyrrhic victories. Either he has a fool for an attorney or he is too obstinate to listen to his attorney.

(09-25-2021 06:39 AM)CliftonAve Wrote:  

(09-24-2021 08:10 PM)doss2 Wrote:  

(09-24-2021 06:19 PM)CliftonAve Wrote:  

(09-24-2021 05:47 PM)robertfoshizzle Wrote:  I'm just glad the Brannen mess has been waaaay overshadowed by all the positive things that have happened in our athletic department since then. I wonder if we will be more amenable to settling with our financial fortunes about to improve. Obviously we still need to be prudent in our spending, but if there's an opportunity to settle the matter for $2 million or so, would we consider it? Either way, my level of concern these days regarding the Brannen lawsuit is officially zero.

UC has Director’s & Officer’s insurance coverage which will be paying the defense costs and any indemnity (settlement).

Such insurance does not indemnify for not honoring a contract.

There are causes of action in the complaint that are covered. The policy has a duty to defend, albeit will be under a reservation of rights. Moreover, this lawsuit triggers at least three insurance policies- D&O, General Liability, and Employment Practices Liability. The EPL policy does indemnify and defend alleged claims for breach of contract.