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Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
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QSECOFR Offline
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Post: #61
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
Wow!

When I posted the observation that the meddling kids stopped Brannen, I was watching Scooby Doo with my 6 year old grand daughter. My post was tongue in cheek referring to the ending of every episode of Scooby Doo ever made.

Everyone needs to take a very deep breath!
 
05-23-2021 11:04 PM
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bearcatmark Offline
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Post: #62
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-23-2021 11:04 PM)QSECOFR Wrote:  Wow!

When I posted the observation that the meddling kids stopped Brannen, I was watching Scooby Doo with my 6 year old grand daughter. My post was tongue in cheek referring to the ending of every episode of Scooby Doo ever made.

Everyone needs to take a very deep breath!

I almost posted a Scooby-Doo picture when you said it but just didn't get around to it. Ha
 
05-24-2021 05:21 AM
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Bearcatbdub Offline
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Post: #63
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
Feeing like street meat might have more than one meaning…
 
05-24-2021 05:27 AM
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'nati streets Offline
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Post: #64
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-23-2021 05:41 PM)Bearhawkeye Wrote:  
(05-23-2021 04:23 PM)bearcatmark Wrote:  
(05-23-2021 04:10 PM)Bearhawkeye Wrote:  
(05-23-2021 01:26 PM)QSECOFR Wrote:  Brannen would have gotten away with it if it weren’t for those meddling kids.

Got away with what? Paying for a player to visit a psychiatrist when he was having trouble? The horror!

Purposeful ignorance is an interesting strategy. I'd assume this is more of a reference to ignoring medical staff and risking the health of the student athletes.

When was medical staff "ignored"? Specifics and source please.

If you have not been following Justin Williams work at The Athletic you should.
 
05-24-2021 07:20 AM
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rath v2.0 Offline
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Post: #65
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-24-2021 05:27 AM)Bearcatbdub Wrote:  Feeing like street meat might have more than one meaning…

03-lmfao

04-cheers
 
05-24-2021 08:27 AM
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Captain Bearcat Offline
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Post: #66
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-22-2021 02:31 PM)CliftonAve Wrote:  
(05-22-2021 01:24 PM)UCGrad1992 Wrote:  
(05-22-2021 12:19 PM)Bearhawkeye Wrote:  
(05-22-2021 11:30 AM)Captain Bearcat Wrote:  
(05-22-2021 08:32 AM)rath v2.0 Wrote:  I stated that a long time ago but the pearl clutchers wouldn’t listen because they tied themselves to standing up for a goon of a head coach.

UC won’t feel a haircut on this one way or the other.

I’d personally love for UC to release a statement that highlights the importance of standing up for the well being of student athletes and that they are in it to win it. Anyone think UCONN is flipping their lid over being in litigation with their own jerk of an ex-head coach 3 years later? Nope. They are telling he and his attorney to pound sand. Good for them.

Forgive my ignorance, but I find it hard to believe that a D&O policy covers the buyout itself. It should just cover the cost of litigation.

If it covered the cost of the buyout in the event of a loss or a settlement, then why would any university pay a buyout before a lawsuit is filed?

Exactly. It seems several opinionated posters here don't understand as much about D&O policies as they think they do.

Maybe I missed something but where did anyone above state that the D&O policy pays any portion of a buyout? It is intended for legal fees and other costs/payments as it relates to being sued.

At least policies are triggered by this lawsuit— the D&O and the EPLI. There may even be coverage for some of the allegations under the GL policy. UC’s defense legal fees and expenses will be covered. Most of these policies have exclusions for buyout of a contract, but many of the claims being asserted by JB such as wrongful termination are clearly covered. The insurance carrier(s) will definitely be defending under a Reservation of Rights, but this the sort of claim that if settled would be paid under the policy, sans any self-insured retention UC may have (for an entity like UC is probably $250,000-1,000,000, depending on their risk tolerance).

Yes, clearly attorney fees would be covered. And it makes sense that "wrongful termination" penalties could be covered.

But that's very different from saying, "UC won’t feel a haircut on this one way or the other." And it's different from the previous assertion (I forget who said it, it may have even been in another thread) that the buyout is covered by insurance and therefore UC can't possibly have instigated the investigation to search for an excuse to avoid a buyout.

I think Rath & Q & '92 are right that UC should fight this, but that position is not completely free of risk.
 
05-24-2021 08:28 AM
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Captain Bearcat Offline
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Post: #67
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-21-2021 10:45 PM)rath v2.0 Wrote:  Motion to transfer to state court in 3...2...1...

That was actually my first thought: under what grounds can this possibly be a federal case?

Then again, somehow Louisville's blackmail case is a federal case merely because part of the threat was sent via a text message that "crossed state lines."
 
05-24-2021 08:32 AM
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rath v2.0 Offline
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Post: #68
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-23-2021 11:04 PM)QSECOFR Wrote:  Wow!

When I posted the observation that the meddling kids stopped Brannen, I was watching Scooby Doo with my 6 year old grand daughter. My post was tongue in cheek referring to the ending of every episode of Scooby Doo ever made.

Everyone needs to take a very deep breath!

Some of these folks probably never watched Scooby Doo. I always thought Fred was brilliant...not just for rocking the ascot...he’d go off and look for the ghost with Daphne the little red head for some quiet time while Scooby, Shaggy and Velma did the heavy lifting.
 
05-24-2021 08:58 AM
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rath v2.0 Offline
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Post: #69
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-24-2021 08:32 AM)Captain Bearcat Wrote:  
(05-21-2021 10:45 PM)rath v2.0 Wrote:  Motion to transfer to state court in 3...2...1...

That was actually my first thought: under what grounds can this possibly be a federal case?

Then again, somehow Louisville's blackmail case is a federal case merely because part of the threat was sent via a text message that "crossed state lines."

I didn’t read the complaint but it is likely just diversity jurisdiction since he lives in KY...minimum contacts for Ohio jurisdiction is an easy one if UC wants to mess with it. I interned at the Eastern District of KY in the day-we shipped cases like this back to state court without much ado. Should be a simple state case since the root of this is contract law.
 
05-24-2021 09:08 AM
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Post: #70
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-24-2021 05:21 AM)bearcatmark Wrote:  
(05-23-2021 11:04 PM)QSECOFR Wrote:  Wow!

When I posted the observation that the meddling kids stopped Brannen, I was watching Scooby Doo with my 6 year old grand daughter. My post was tongue in cheek referring to the ending of every episode of Scooby Doo ever made.

Everyone needs to take a very deep breath!

I almost posted a Scooby-Doo picture when you said it but just didn't get around to it. Ha

I was thinking of a Scooby Doo or Wayne's World Gif myself...Tia Carrere wins 01-ncaabbs

[Image: untitled-3phusw.gif]
 
(This post was last modified: 05-24-2021 09:31 AM by SeniorBearcat.)
05-24-2021 09:27 AM
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doss2 Online
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Post: #71
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
Not so fast. The Insurance Risk Management Institute says:

Severance Pay Exception Wording — an exception to the standard severance pay exclusion found within an employment practices liability insurance (EPLI) policy that otherwise precludes and thus covers severance payments when an employee is terminated. The rationale for the exclusion is that severance payments are business risks and not the result of a fortuitous occurrence. However, a few insurers will agree to modify this exclusion so that their EPLI policies will affirmatively cover such payments if, prior to terminating a given employee, the insured confers with the insurer and the insurer is given a chance to approve or disapprove the offer of severance pay. One important caveat applying to severance pay exception wording is that coverage for severance payments mandated by employment contracts does not apply. This is because the magnitude of severance payments called for in top executive employment contracts can run into millions of dollars.
 
05-24-2021 01:11 PM
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Post: #72
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-24-2021 07:20 AM)nati streets Wrote:  
(05-23-2021 05:41 PM)Bearhawkeye Wrote:  
(05-23-2021 04:23 PM)bearcatmark Wrote:  
(05-23-2021 04:10 PM)Bearhawkeye Wrote:  
(05-23-2021 01:26 PM)QSECOFR Wrote:  Brannen would have gotten away with it if it weren’t for those meddling kids.

Got away with what? Paying for a player to visit a psychiatrist when he was having trouble? The horror!

Purposeful ignorance is an interesting strategy. I'd assume this is more of a reference to ignoring medical staff and risking the health of the student athletes.

When was medical staff "ignored"? Specifics and source please.

If you have not been following Justin Williams work at The Athletic you should.

I did and do. Feel free to reference me to any specific instances where medical staff was ignored if I missed it. If you don't want to quote something you could refer to article and paragraph.
 
(This post was last modified: 05-24-2021 01:48 PM by Bearhawkeye.)
05-24-2021 01:43 PM
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Post: #73
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-23-2021 05:41 PM)Bearhawkeye Wrote:  
(05-23-2021 04:23 PM)bearcatmark Wrote:  
(05-23-2021 04:10 PM)Bearhawkeye Wrote:  
(05-23-2021 01:26 PM)QSECOFR Wrote:  Brannen would have gotten away with it if it weren’t for those meddling kids.

Got away with what? Paying for a player to visit a psychiatrist when he was having trouble? The horror!

Purposeful ignorance is an interesting strategy. I'd assume this is more of a reference to ignoring medical staff and risking the health of the student athletes.

When was medical staff "ignored"? Specifics and source please.

Still waiting for those specific examples of Brannen ignoring medical stafff. Were you being purposefully ignorant in your "assumption" or just making things up?
 
05-24-2021 01:47 PM
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Post: #74
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-24-2021 01:47 PM)Bearhawkeye Wrote:  
(05-23-2021 05:41 PM)Bearhawkeye Wrote:  
(05-23-2021 04:23 PM)bearcatmark Wrote:  
(05-23-2021 04:10 PM)Bearhawkeye Wrote:  
(05-23-2021 01:26 PM)QSECOFR Wrote:  Brannen would have gotten away with it if it weren’t for those meddling kids.

Got away with what? Paying for a player to visit a psychiatrist when he was having trouble? The horror!

Purposeful ignorance is an interesting strategy. I'd assume this is more of a reference to ignoring medical staff and risking the health of the student athletes.

When was medical staff "ignored"? Specifics and source please.

Still waiting for those specific examples of Brannen ignoring medical stafff. Were you being purposefully ignorant in your "assumption" or just making things up?

I believe stuff is out there. The Justin Williams articles are helpful. I am just curious why any UC fans or media personalities want to defend him.He
isn’t the coach here anymore. He wasn’t good at his job. This isn’t Huggins/Zimpher where the guy leaving was a legend. Brannen tenure here sucked.
 
05-24-2021 02:18 PM
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Post: #75
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
Not necessarily an admission of guilt or anything...but isn't filing suit for an infringement of due process instead of a wrongful termination kind of acknowledging that there was some merit behind the termination?
 
05-24-2021 02:33 PM
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Post: #76
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-24-2021 01:47 PM)Bearhawkeye Wrote:  
(05-23-2021 05:41 PM)Bearhawkeye Wrote:  
(05-23-2021 04:23 PM)bearcatmark Wrote:  Purposeful ignorance is an interesting strategy. I'd assume this is more of a reference to ignoring medical staff and risking the health of the student athletes.

When was medical staff "ignored"? Specifics and source please.

Still waiting for those specific examples of Brannen ignoring medical stafff. Were you being purposefully ignorant in your "assumption" or just making things up?

This touches on it but does not offer more details. I would assume that a medical staff person would've advised Brannen about safety concerns to cover his own butt. I'll keep digging because I thought there was something mentioned in another thread or article that gave more information.

Quote:The written reprimand came after Brannen reportedly held an “unauthorized conditioning workout” just before the season started that violated Cincinnati’s policies, and that it was "overly strenuous and led to several student-athletes not finishing a timed run and one student-athlete needing to be helped off the court."

According to Cunningham, that practice didn’t end until a trainer stepped in and stopped it due to "concerns for the safety and welfare of the student-athletes,” per the report. One player needed medical care after that practice.

Coach, stop this! The kid isn't breathing normal.
 
05-24-2021 03:16 PM
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rath v2.0 Offline
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Post: #77
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-24-2021 02:33 PM)BearcatMan Wrote:  Not necessarily an admission of guilt or anything...but isn't filing suit for an infringement of due process instead of a wrongful termination kind of acknowledging that there was some merit behind the termination?

A roll the eyes plaintiffs throw in claim based upon a relatively unknown state statute that, oh, by the way, specifically excludes application to state employees working under a written contract.
 
05-24-2021 10:15 PM
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Post: #78
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-24-2021 10:15 PM)rath v2.0 Wrote:  
(05-24-2021 02:33 PM)BearcatMan Wrote:  Not necessarily an admission of guilt or anything...but isn't filing suit for an infringement of due process instead of a wrongful termination kind of acknowledging that there was some merit behind the termination?

A roll the eyes plaintiffs throw in claim based upon a relatively unknown state statute that, oh, by the way, specifically excludes application to state employees working under a written contract.

So you're saying the dude who is telling 19 year old college basketball players to lawyer up and backtalking random troll accounts on Twitter doesn't know what he's doing?
 
05-24-2021 10:39 PM
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rath v2.0 Offline
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Post: #79
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
It’s the old litigation joke...

Dog bite case. Defense attorney says in rapid succession :

“It wasn’t the defendant’s fault that their dog bit the plaintiff...”

“The defendant’s dog didn’t bite the plaintiff...”

“The defendant doesn’t own a dog...
 
(This post was last modified: 05-25-2021 06:03 AM by rath v2.0.)
05-25-2021 05:58 AM
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RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-24-2021 01:43 PM)Bearhawkeye Wrote:  I did and do. Feel free to reference me to any specific instances where medical staff was ignored if I missed it. If you don't want to quote something you could refer to article and paragraph.

I'm not sure if this is what you're looking for or not but this article notes quite a few instances where Brannen was either ignoring the medical staff, undermining them, or at least creating divisions between himself and the likes of Bob Mangine.

There are just a few medical-related ones but there's quite a bit more in that article.

Quote:The assistant coach “states that sports medicine is not behind Coach Brannen and his methodology and that it is ‘bull crap,’” and that the assistant coach “believes it is a problem that Bob doesn’t agree with the head coach’s methods,” according to the document.

Quote:On Oct. 16, 2020, Brannen allegedly told the author of the document to keep an eye on an athletic trainer “as he doesn’t trust him,” according to the document, and Brannen allegedly said that the author of the document needed to stay “a step ahead” of the trainer and report back to Brannen.

Quote:At a team breakfast on Oct. 26, 2020, Cincinnati players were reportedly upset because Brannen had allegedly told them in a huddle in practice the previous day, “**** the heart rate monitors, I know what in-shape is,” according to the document.

Quote:Under a heading titled “Other meetings,” the author of the document wrote, “John Brannen has stated that the administration and sports medicine [staff] could not be trusted.” Brannen allegedly told men’s basketball staff members that they should only talk to him or the other staff members, and to do so in his office only, according to the document.
 
05-25-2021 12:19 PM
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