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Former Georgia Southern OC's suing
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bullitt_60 Offline
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Post: #21
RE: Former Georgia Southern OC's suing
(07-06-2017 09:03 AM)EigenEagle Wrote:  
(07-06-2017 08:36 AM)ericsaid Wrote:  Pretty sure that you always make sure the opposing party signs the contract. As far as I know, there no law to enforce in regards to both parties not actually signing a contract.

How the heck were these guys receiving a paycheck if the contract wasn't in effect? Especially considering this is a state employee and the GA BoR has to sign off on it.

Unless there are some pertinent facts that are being left out of the lawsuit document, GS is at least morally in the wrong here, if not legally in the wrong.

And like I said, what makes this seem more credible is that Jeff Monken and Willie Fritz both apparently left GS with a figurative middle finger to the AD's office.

Contracts do not have to be signed by the issuing party to be executed. These guys will be paid at least the remainder of their contract, more than likely, out of court... and they should be.
07-06-2017 09:33 AM
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NewJersey GATA Offline
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Post: #22
RE: Former Georgia Southern OC's suing
(07-06-2017 09:33 AM)bullitt_60 Wrote:  
(07-06-2017 09:03 AM)EigenEagle Wrote:  
(07-06-2017 08:36 AM)ericsaid Wrote:  Pretty sure that you always make sure the opposing party signs the contract. As far as I know, there no law to enforce in regards to both parties not actually signing a contract.

How the heck were these guys receiving a paycheck if the contract wasn't in effect? Especially considering this is a state employee and the GA BoR has to sign off on it.

Unless there are some pertinent facts that are being left out of the lawsuit document, GS is at least morally in the wrong here, if not legally in the wrong.

And like I said, what makes this seem more credible is that Jeff Monken and Willie Fritz both apparently left GS with a figurative middle finger to the AD's office.

Contracts do not have to be signed by the issuing party to be executed. These guys will be paid at least the remainder of their contract, more than likely, out of court... and they should be.

Breida needs to throw a law suit on those 2 pansies for destroying his draft stock! Those idiots are 2 of the most incompetent coaches in the state of Georgia.
07-06-2017 10:00 AM
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TrueBlueDrew Offline
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Post: #23
RE: Former Georgia Southern OC's suing
(07-06-2017 10:00 AM)NewJersey GATA Wrote:  
(07-06-2017 09:33 AM)bullitt_60 Wrote:  
(07-06-2017 09:03 AM)EigenEagle Wrote:  
(07-06-2017 08:36 AM)ericsaid Wrote:  Pretty sure that you always make sure the opposing party signs the contract. As far as I know, there no law to enforce in regards to both parties not actually signing a contract.

How the heck were these guys receiving a paycheck if the contract wasn't in effect? Especially considering this is a state employee and the GA BoR has to sign off on it.

Unless there are some pertinent facts that are being left out of the lawsuit document, GS is at least morally in the wrong here, if not legally in the wrong.

And like I said, what makes this seem more credible is that Jeff Monken and Willie Fritz both apparently left GS with a figurative middle finger to the AD's office.

Contracts do not have to be signed by the issuing party to be executed. These guys will be paid at least the remainder of their contract, more than likely, out of court... and they should be.

Breida needs to throw a law suit on those 2 pansies for destroying his draft stock! Those idiots are 2 of the most incompetent coaches in the state of Georgia.

+1000

Those idiots and their incompetence cost Matt Breida a draft pick
07-06-2017 10:02 AM
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GaSoEagle Offline
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Post: #24
RE: Former Georgia Southern OC's suing
The contract disappearing trick-- haha
07-06-2017 12:08 PM
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chiefsfan Offline
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Post: #25
RE: Former Georgia Southern OC's suing
(07-06-2017 09:33 AM)bullitt_60 Wrote:  
(07-06-2017 09:03 AM)EigenEagle Wrote:  
(07-06-2017 08:36 AM)ericsaid Wrote:  Pretty sure that you always make sure the opposing party signs the contract. As far as I know, there no law to enforce in regards to both parties not actually signing a contract.

How the heck were these guys receiving a paycheck if the contract wasn't in effect? Especially considering this is a state employee and the GA BoR has to sign off on it.

Unless there are some pertinent facts that are being left out of the lawsuit document, GS is at least morally in the wrong here, if not legally in the wrong.

And like I said, what makes this seem more credible is that Jeff Monken and Willie Fritz both apparently left GS with a figurative middle finger to the AD's office.

Contracts do not have to be signed by the issuing party to be executed. These guys will be paid at least the remainder of their contract, more than likely, out of court... and they should be.

Pretty much. I know Southern fans will claim all sorts of trash because Gillespie and Dean were terrible OC's, but the reality is you do not want your school drug to court to explain its contract practices, because at absolute best this is a completely legal but really shady business practice.

Considering that you guys may have to hire a new football coach in a year or two if things continue to struggle, you don't want this sitting at the back of the mind of the next coach you hire.

School will agree to pay the 4 months they owe out of court and cover attorney costs, but probably will avoid paying interest.
07-06-2017 01:04 PM
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JCGSU Offline
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Post: #26
RE: Former Georgia Southern OC's suing
(07-05-2017 10:16 PM)SENOREIDA Wrote:  Fraud huh? Someone must of finally gotten wise that the sewage ditch isn't a "beautiful creek"

I am pretty sure out of all of the DIV I football programs CCU should be the last school talking crap to anyone. Those in whore houses should not throw stones ....or is it glass I cant remember?

For those to lazy like this d bag to actually read the article, they both signed updated contracts on their own free will. If they thought they were being defrauded then why sign a new contract? I would imagine the lawyers are taking this on contingency and hope it does not go to trial. If they had never signed the new contracts I would be all for them getting their money.
(This post was last modified: 07-06-2017 01:35 PM by JCGSU.)
07-06-2017 01:31 PM
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EigenEagle Offline
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Post: #27
RE: Former Georgia Southern OC's suing
(07-06-2017 01:31 PM)JCGSU Wrote:  
(07-05-2017 10:16 PM)SENOREIDA Wrote:  Fraud huh? Someone must of finally gotten wise that the sewage ditch isn't a "beautiful creek"

I am pretty sure out of all of the DIV I football programs CCU should be the last school talking crap to anyone. Those in whore houses should not throw stones ....or is it glass I cant remember?

For those to lazy like this d bag to actually read the article, they both signed updated contracts on their own free will. If they thought they were being defrauded then why sign a new contract? I would imagine the lawyers are taking this on contingency and hope it does not go to trial. If they had never signed the new contracts I would be all for them getting their money.

If they hadn't signed their last paycheck would have been in December and not February.
07-06-2017 01:54 PM
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Rik Flair Offline
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Post: #28
RE: Former Georgia Southern OC's suing
where are they now?
07-06-2017 01:59 PM
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bullitt_60 Offline
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Post: #29
RE: Former Georgia Southern OC's suing
(07-06-2017 01:59 PM)Rik Flair Wrote:  where are they now?

David Dean is HC at West Georgia and Gillespie is HC at Hart County HS.
07-06-2017 02:03 PM
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Florida RedWolf Offline
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Post: #30
RE: Former Georgia Southern OC's suing
(07-06-2017 02:03 PM)bullitt_60 Wrote:  
(07-06-2017 01:59 PM)Rik Flair Wrote:  where are they now?

David Dean is HC at West Georgia and Gillespie is HC at Hart County HS.




Would not surprise me if punitive damages will also be paid.
(This post was last modified: 07-06-2017 02:52 PM by Florida RedWolf.)
07-06-2017 02:51 PM
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AppManDG Offline
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Post: #31
RE: Former Georgia Southern OC's suing
(07-06-2017 01:31 PM)JCGSU Wrote:  
(07-05-2017 10:16 PM)SENOREIDA Wrote:  Fraud huh? Someone must of finally gotten wise that the sewage ditch isn't a "beautiful creek"

I am pretty sure out of all of the DIV I football programs CCU should be the last school talking crap to anyone. Those in whore houses should not throw stones ....or is it glass I cant remember?

For those to lazy like this d bag to actually read the article, they both signed updated contracts on their own free will. If they thought they were being defrauded then why sign a new contract? I would imagine the lawyers are taking this on contingency and hope it does not go to trial. If they had never signed the new contracts I would be all for them getting their money.

Own free will... 03-lmfao

From USA Today

The lawsuit alleges that Summers, Kleinlein, senior associate athletics director for business operations Jeff Blythe and director of football operations Cymone George “conspired to change the terms of the January Contract and specifically the employment end date” in order to save money, knowing they would be making coaching changes on the offensive staff.

The lawsuit states that Dean refused three requests from George to sign the new contract, believing he already had signed a valid contract. Dean claims he finally signed the new contract on Dec. 2 following a phone call with Blythe that left him with the impression that if he didn't sign it, he could be fired any time and that his salary and benefits would immediately cease. Gillespie’s lawsuit makes the same claim, saying Blythe “informed Gillespie that it would be in Gillespie’s best interest to sign the November contract for his own protection.”

On Dec. 3, following the final game of the season, Kleinlein announced that Summers would remain as head coach. The next day, however, Dean and Gillespie were let go. On Dec. 9, Georgia Southern hired Georgia Tech quarterbacks coach Bryan Cook — who turned down the job a year earlier — to be the offensive coordinator.

The lawsuits allege that coercing the coaches to sign new contracts in November under the “ruse” that their January contracts weren’t valid amounts to fraud and conspiracy to defraud.
07-06-2017 06:12 PM
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TrueBlueDrew Offline
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Post: #32
RE: Former Georgia Southern OC's suing
(07-06-2017 06:12 PM)AppManDG Wrote:  
(07-06-2017 01:31 PM)JCGSU Wrote:  
(07-05-2017 10:16 PM)SENOREIDA Wrote:  Fraud huh? Someone must of finally gotten wise that the sewage ditch isn't a "beautiful creek"

I am pretty sure out of all of the DIV I football programs CCU should be the last school talking crap to anyone. Those in whore houses should not throw stones ....or is it glass I cant remember?

For those to lazy like this d bag to actually read the article, they both signed updated contracts on their own free will. If they thought they were being defrauded then why sign a new contract? I would imagine the lawyers are taking this on contingency and hope it does not go to trial. If they had never signed the new contracts I would be all for them getting their money.

Own free will... 03-lmfao

From USA Today

The lawsuit alleges that Summers, Kleinlein, senior associate athletics director for business operations Jeff Blythe and director of football operations Cymone George “conspired to change the terms of the January Contract and specifically the employment end date” in order to save money, knowing they would be making coaching changes on the offensive staff.

The lawsuit states that Dean refused three requests from George to sign the new contract, believing he already had signed a valid contract. Dean claims he finally signed the new contract on Dec. 2 following a phone call with Blythe that left him with the impression that if he didn't sign it, he could be fired any time and that his salary and benefits would immediately cease. Gillespie’s lawsuit makes the same claim, saying Blythe “informed Gillespie that it would be in Gillespie’s best interest to sign the November contract for his own protection.”

On Dec. 3, following the final game of the season, Kleinlein announced that Summers would remain as head coach. The next day, however, Dean and Gillespie were let go. On Dec. 9, Georgia Southern hired Georgia Tech quarterbacks coach Bryan Cook — who turned down the job a year earlier — to be the offensive coordinator.

The lawsuits allege that coercing the coaches to sign new contracts in November under the “ruse” that their January contracts weren’t valid amounts to fraud and conspiracy to defraud.

These are allegations. He would have to produce an email or a phone record showing that he was threatened into signing the new contract for it to hold up in civil court. Since the Board didn't sign the original contracts, they very would could have been fired at any moment with no guarantee of benefits so it really was in their best interest to sign a new contract. At most, GS will have to pay a settlement for mishandling the first contracts, but this will most likely be handled before the case even goes through court.
07-07-2017 07:38 AM
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AppManDG Offline
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Post: #33
RE: Former Georgia Southern OC's suing
(07-07-2017 07:38 AM)TrueBlueDrew Wrote:  
(07-06-2017 06:12 PM)AppManDG Wrote:  
(07-06-2017 01:31 PM)JCGSU Wrote:  
(07-05-2017 10:16 PM)SENOREIDA Wrote:  Fraud huh? Someone must of finally gotten wise that the sewage ditch isn't a "beautiful creek"

I am pretty sure out of all of the DIV I football programs CCU should be the last school talking crap to anyone. Those in whore houses should not throw stones ....or is it glass I cant remember?

For those to lazy like this d bag to actually read the article, they both signed updated contracts on their own free will. If they thought they were being defrauded then why sign a new contract? I would imagine the lawyers are taking this on contingency and hope it does not go to trial. If they had never signed the new contracts I would be all for them getting their money.

Own free will... 03-lmfao

From USA Today

The lawsuit alleges that Summers, Kleinlein, senior associate athletics director for business operations Jeff Blythe and director of football operations Cymone George “conspired to change the terms of the January Contract and specifically the employment end date” in order to save money, knowing they would be making coaching changes on the offensive staff.

The lawsuit states that Dean refused three requests from George to sign the new contract, believing he already had signed a valid contract. Dean claims he finally signed the new contract on Dec. 2 following a phone call with Blythe that left him with the impression that if he didn't sign it, he could be fired any time and that his salary and benefits would immediately cease. Gillespie’s lawsuit makes the same claim, saying Blythe “informed Gillespie that it would be in Gillespie’s best interest to sign the November contract for his own protection.”

On Dec. 3, following the final game of the season, Kleinlein announced that Summers would remain as head coach. The next day, however, Dean and Gillespie were let go. On Dec. 9, Georgia Southern hired Georgia Tech quarterbacks coach Bryan Cook — who turned down the job a year earlier — to be the offensive coordinator.

The lawsuits allege that coercing the coaches to sign new contracts in November under the “ruse” that their January contracts weren’t valid amounts to fraud and conspiracy to defraud.

These are allegations. He would have to produce an email or a phone record showing that he was threatened into signing the new contract for it to hold up in civil court. Since the Board didn't sign the original contracts, they very would could have been fired at any moment with no guarantee of benefits so it really was in their best interest to sign a new contract. At most, GS will have to pay a settlement for mishandling the first contracts, but this will most likely be handled before the case even goes through court.
Of course they're allegations. Nobody is dumb enough to make that type of request / threat via email.

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07-07-2017 11:53 AM
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JCGSU Offline
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Post: #34
RE: Former Georgia Southern OC's suing
(07-06-2017 06:12 PM)AppManDG Wrote:  
(07-06-2017 01:31 PM)JCGSU Wrote:  
(07-05-2017 10:16 PM)SENOREIDA Wrote:  Fraud huh? Someone must of finally gotten wise that the sewage ditch isn't a "beautiful creek"

I am pretty sure out of all of the DIV I football programs CCU should be the last school talking crap to anyone. Those in whore houses should not throw stones ....or is it glass I cant remember?

For those to lazy like this d bag to actually read the article, they both signed updated contracts on their own free will. If they thought they were being defrauded then why sign a new contract? I would imagine the lawyers are taking this on contingency and hope it does not go to trial. If they had never signed the new contracts I would be all for them getting their money.

Own free will... 03-lmfao

From USA Today

The lawsuit alleges that Summers, Kleinlein, senior associate athletics director for business operations Jeff Blythe and director of football operations Cymone George “conspired to change the terms of the January Contract and specifically the employment end date” in order to save money, knowing they would be making coaching changes on the offensive staff.

The lawsuit states that Dean refused three requests from George to sign the new contract, believing he already had signed a valid contract. Dean claims he finally signed the new contract on Dec. 2 following a phone call with Blythe that left him with the impression that if he didn't sign it, he could be fired any time and that his salary and benefits would immediately cease. Gillespie’s lawsuit makes the same claim, saying Blythe “informed Gillespie that it would be in Gillespie’s best interest to sign the November contract for his own protection.”

On Dec. 3, following the final game of the season, Kleinlein announced that Summers would remain as head coach. The next day, however, Dean and Gillespie were let go. On Dec. 9, Georgia Southern hired Georgia Tech quarterbacks coach Bryan Cook — who turned down the job a year earlier — to be the offensive coordinator.

The lawsuits allege that coercing the coaches to sign new contracts in November under the “ruse” that their January contracts weren’t valid amounts to fraud and conspiracy to defraud.


Left him with the impression=gun to the head.....07-coffee3
07-07-2017 12:49 PM
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ValleyBoy Offline
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Post: #35
RE: Former Georgia Southern OC's suing
Breaking News - " New Gus is suing Old Gus, GSUFans Message Board members, GSAA, and the Board of Regents for breach of contract." Check WTOC for the latest info.
New Gus
[Image: georgiasouthernmascot.jpg?quality=88&w=750]

Old Gus
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07-07-2017 01:43 PM
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WolfBird Offline
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Former Georgia Southern OC's suing
New Gus been hitting the pipe?


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07-07-2017 01:51 PM
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Post: #37
RE: Former Georgia Southern OC's suing
(07-06-2017 01:54 PM)EigenEagle Wrote:  
(07-06-2017 01:31 PM)JCGSU Wrote:  
(07-05-2017 10:16 PM)SENOREIDA Wrote:  Fraud huh? Someone must of finally gotten wise that the sewage ditch isn't a "beautiful creek"

I am pretty sure out of all of the DIV I football programs CCU should be the last school talking crap to anyone. Those in whore houses should not throw stones ....or is it glass I cant remember?

For those to lazy like this d bag to actually read the article, they both signed updated contracts on their own free will. If they thought they were being defrauded then why sign a new contract? I would imagine the lawyers are taking this on contingency and hope it does not go to trial. If they had never signed the new contracts I would be all for them getting their money.

If they hadn't signed their last paycheck would have been in December and not February.

Bingo!
Most people cannot afford to forgo several months salary to be principled.

In employment law, we recognize "constructive firing" the boss never says you are fired but treats the person so unreasonably that they finally quit in order to try to avoid paying unemployment or any other benefits the person might be entitled to.

Signing the replacement contract isn't the end of the story.
07-07-2017 02:28 PM
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Post: #38
RE: Former Georgia Southern OC's suing
(07-07-2017 07:38 AM)TrueBlueDrew Wrote:  
(07-06-2017 06:12 PM)AppManDG Wrote:  
(07-06-2017 01:31 PM)JCGSU Wrote:  
(07-05-2017 10:16 PM)SENOREIDA Wrote:  Fraud huh? Someone must of finally gotten wise that the sewage ditch isn't a "beautiful creek"

I am pretty sure out of all of the DIV I football programs CCU should be the last school talking crap to anyone. Those in whore houses should not throw stones ....or is it glass I cant remember?

For those to lazy like this d bag to actually read the article, they both signed updated contracts on their own free will. If they thought they were being defrauded then why sign a new contract? I would imagine the lawyers are taking this on contingency and hope it does not go to trial. If they had never signed the new contracts I would be all for them getting their money.

Own free will... 03-lmfao

From USA Today

The lawsuit alleges that Summers, Kleinlein, senior associate athletics director for business operations Jeff Blythe and director of football operations Cymone George “conspired to change the terms of the January Contract and specifically the employment end date” in order to save money, knowing they would be making coaching changes on the offensive staff.

The lawsuit states that Dean refused three requests from George to sign the new contract, believing he already had signed a valid contract. Dean claims he finally signed the new contract on Dec. 2 following a phone call with Blythe that left him with the impression that if he didn't sign it, he could be fired any time and that his salary and benefits would immediately cease. Gillespie’s lawsuit makes the same claim, saying Blythe “informed Gillespie that it would be in Gillespie’s best interest to sign the November contract for his own protection.”

On Dec. 3, following the final game of the season, Kleinlein announced that Summers would remain as head coach. The next day, however, Dean and Gillespie were let go. On Dec. 9, Georgia Southern hired Georgia Tech quarterbacks coach Bryan Cook — who turned down the job a year earlier — to be the offensive coordinator.

The lawsuits allege that coercing the coaches to sign new contracts in November under the “ruse” that their January contracts weren’t valid amounts to fraud and conspiracy to defraud.

These are allegations. He would have to produce an email or a phone record showing that he was threatened into signing the new contract for it to hold up in civil court. Since the Board didn't sign the original contracts, they very would could have been fired at any moment with no guarantee of benefits so it really was in their best interest to sign a new contract. At most, GS will have to pay a settlement for mishandling the first contracts, but this will most likely be handled before the case even goes through court.

Res ipsa loquitor

The thing speaks for itself.
All he has to do is show the first contract he signed which almost certainly bears the signature of either the head coach or the athletic director or VP for Finance or President or some combination thereof.

Ladies and gentleman of the jury. I ask you. Why would anyone turn around a sign a shorter contract that didn't give them something more in exchange like a raise or more days of paid vacation unless they believed they were going to be out on their rear without any of the protections they thought they had when they signed the first contract.
07-07-2017 02:32 PM
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TrueBlueDrew Offline
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Post: #39
RE: Former Georgia Southern OC's suing
(07-07-2017 01:51 PM)WolfBird Wrote:  New Gus been hitting the pipe?


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07-07-2017 04:19 PM
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Florida RedWolf Offline
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Post: #40
RE: Former Georgia Southern OC's suing
You have a large state instutition vs a couple of guys off the street. The complaint will probably be decided by a jury of their peers, which amounts to more little guys making a decision as to who is right and wrong. And the locals are generally going to side with the other locals just because they are locals with the least money. Southern is silly to allow the complaint to reach this point and more silly to allow it to go to court. Pay the money and move on. Southern has already hurt itself in the arena of public opinion but apparently wants to wallow in the mud.
07-07-2017 07:05 PM
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