Cincinnati Bearcats

Hello There, Guest! (LoginRegister)

Post Reply 
Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
Author Message
Bookmark and Share
bearcatmark Online
Moderator
*

Posts: 30,728
Joined: Dec 2006
Reputation: 800
I Root For: the Deliverator
Location:
Post: #21
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-22-2021 09:02 AM)rath v2.0 Wrote:  Biggest head case in the program was the head coach.

Let’s just print up and burn this thread and put it in an urn to remember its passing.

03-lmfao
 
05-22-2021 09:27 AM
Visit this user's website Find all posts by this user Quote this message in a reply
UCBearcatlawjd2 Offline
All American
*

Posts: 3,448
Joined: Nov 2014
Reputation: 40
I Root For: UC
Location:
Post: #22
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
Just be happy that Brannen isn’t the coach any more. It’s like night and day between him and Wes.

Wes seems to understand the fan base, Brannen never did. Building relationships with players, fans, former players, former coaches, donors, and the media give you chance at success.
 
05-22-2021 09:46 AM
Find all posts by this user Quote this message in a reply
ZCat Offline
Special Teams
*

Posts: 996
Joined: Sep 2018
Reputation: 30
I Root For: UC
Location:
Post: #23
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-22-2021 07:53 AM)namrag Wrote:  
(05-21-2021 09:24 PM)geef Wrote:  
(05-21-2021 07:58 PM)doss2 Wrote:  Ashamed of my school for the handling. Pay the obligation.

You're about the only one. Speaks volumes.

He’s not entirely wrong.

Regardless of the atmosphere of the program under Brannen, not much has been alleged about Brannen to justify his firing for cause.

Like doss said, if you make a bad hire, you man up and pay the severance and move on.

I am fine with UC moving on from Brannen, and I am excited about coach Miller. But their maneuvers are no different than Brannen and his lawyer.

They are spinning everything and doing whatever they can to avoid making a payout.
I also agree in Doss’ sentiments. He has had the guts to say it. Seems to be most of it was they just thought it was a bad hire.

And Brannen might deserve to get fired but I’m not a big fan of legal maneuvers and trying to save the money with all the back-and-forth.
 
05-22-2021 10:14 AM
Find all posts by this user Quote this message in a reply
Bear Catlett Online
Hall of Famer
*

Posts: 12,696
Joined: Jan 2020
Reputation: 1494
I Root For: UC
Location:
Post: #24
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
Brannen will be crushed in this endeavor.

Everybody knows his complaint is 10% substance and 90% BS. The 10% substance being that he was in fact fired.
 
05-22-2021 10:16 AM
Find all posts by this user Quote this message in a reply
UCGrad1992 Offline
Legend
*

Posts: 31,773
Joined: Sep 2013
Reputation: 2265
I Root For: Bearcats U
Location: North Carolina
Post: #25
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-22-2021 09:27 AM)bearcatmark Wrote:  
(05-22-2021 09:02 AM)rath v2.0 Wrote:  Biggest head case in the program was the head coach.

Let’s just print up and burn this thread and put it in an urn to remember its passing.

03-lmfao
03-lmfao03-lmfao

I see what you did there Sir rath. At this point, both sides are dug in and UC should not give in to anything. Mars is throwing everything at the wall to see what sticks including the kitchen sink. Brannen knows there is culpability on his part so he's going to try and take everyone down on his sinking ship. He commited an NCAA violation, a UC student health/welfare violation, and there is numerous testimony from players and the S&C coach that he was a paranoid, insecure, connivng jerk. Why on earth do some of you want to pay him $5M? That went out the window due to his own actions - not anything his former players, coaches, or the university did.

Quote:UC reported to the NCAA on May 12 that Brannen, whom Cunningham suspended with pay April 3, committed a violation when he "arranged for outside counseling appointments" and paid for mental health care for an unnamed player, according to documents obtained by The Enquirer on Monday.

The violation occurred when Brannen used his personal credit card to pay $135 (the previous balance due of $105, plus a $30 co-pay) for a Nov. 19, 2020, appointment, according to the documents.

Cunningham discovered the violation on April 2, a week before firing Brannen, during the course of a review of the men's basketball program, according to the documents.

Brannen's firing was preceded by a written reprimand months earlier. The written reprimand, which was in response to an Oct. 6, 2020, practice that Cunningham deemed "overly strenuous," and termination letter were included in a group of documents previously obtained by The Enquirer.
 
05-22-2021 11:08 AM
Find all posts by this user Quote this message in a reply
colohank Offline
1st String
*

Posts: 2,027
Joined: Jul 2014
Reputation: 248
I Root For: Cincy
Location: Colorado
Post: #26
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
As I mentioned in another thread, it's unlikely this case will go to trial. After all of the posturing, the two sides will settle for an undisclosed sum, Brannen's lawyer will take his 33%, and it'll be stipulated in the agreement that neither party can divulge the terms of the settlement. Everybody wins, everybody saves face, and everybody moves on.

Will Brannen coach again? Besides Brannen, does anyone care?
 
05-22-2021 11:17 AM
Find all posts by this user Quote this message in a reply
Captain Bearcat Offline
All-American in Everything
*

Posts: 9,478
Joined: Jun 2010
Reputation: 766
I Root For: UC
Location: IL & Cincinnati, USA
Post: #27
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-22-2021 08:32 AM)rath v2.0 Wrote:  
(05-22-2021 06:24 AM)CliftonAve Wrote:  For the “UC can’t afford the litigation crowd”- this is going to be covered by a D&O insurance policy (Directors and Officers). A D&O covers the defense costs for UC and any indemnity if paid out.

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?
 
(This post was last modified: 05-22-2021 11:30 AM by Captain Bearcat.)
05-22-2021 11:30 AM
Find all posts by this user Quote this message in a reply
BearcatMan Offline
Kicking Connoisseur/Occasional Man Crush
*

Posts: 24,161
Joined: Jan 2009
Reputation: 585
I Root For: Cincinnati
Location:
Post: #28
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
 
05-22-2021 11:56 AM
Find all posts by this user Quote this message in a reply
crex043 Offline
All American
*

Posts: 2,949
Joined: Dec 2014
Reputation: 169
I Root For: Cincinnati
Location:
Post: #29
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-21-2021 07:58 PM)doss2 Wrote:  Ashamed of my school for the handling. Pay the obligation.

Ashamed of Coach Brannen for the handling of the program and putting the university, its administration, and student-athletes in a bad position. Accept the termination with cause.

See what I did there? The university isn't the only party with obligations.
 
05-22-2021 11:58 AM
Find all posts by this user Quote this message in a reply
Bearhawkeye Offline
The King of Breakfast
*

Posts: 13,708
Joined: Mar 2004
Reputation: 585
I Root For: Zinzinnati
Location:
Post: #30
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-22-2021 11:30 AM)Captain Bearcat Wrote:  
(05-22-2021 08:32 AM)rath v2.0 Wrote:  
(05-22-2021 06:24 AM)CliftonAve Wrote:  For the “UC can’t afford the litigation crowd”- this is going to be covered by a D&O insurance policy (Directors and Officers). A D&O covers the defense costs for UC and any indemnity if paid out.

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.
 
05-22-2021 12:19 PM
Find all posts by this user Quote this message in a reply
doss2 Offline
Hall of Famer
*

Posts: 10,553
Joined: Dec 2015
Reputation: 141
I Root For: BEARCATS
Location:
Post: #31
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
I never would hire for my staff unless I felt at least 75%+ that they would succeed. Why?

If they fail I felt bad because I took someone out of a situation where they were operating acceptably. A fired employee was MY FAULT. I hired poorly or coached poorly, or counselled poorly.

Can I accept Brannen was not the best hire? Yes, but it was UC's fault. Whatever traits UC found that made them want to fire him very likely did not just happen when he got to Clifton. UC failed, pay up move on.
 
05-22-2021 01:20 PM
Find all posts by this user Quote this message in a reply
UCGrad1992 Offline
Legend
*

Posts: 31,773
Joined: Sep 2013
Reputation: 2265
I Root For: Bearcats U
Location: North Carolina
Post: #32
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(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:  
(05-22-2021 06:24 AM)CliftonAve Wrote:  For the “UC can’t afford the litigation crowd”- this is going to be covered by a D&O insurance policy (Directors and Officers). A D&O covers the defense costs for UC and any indemnity if paid out.

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.
 
05-22-2021 01:24 PM
Find all posts by this user Quote this message in a reply
Edgebrookjeff Offline
1st String
*

Posts: 1,683
Joined: Oct 2008
Reputation: 28
I Root For: bearcats
Location:
Post: #33
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
As in everything else, the truth is somewhere in the middle. Brannen probably won't get the whole 5 mil, but he does deserve to get paid. just because you're not liked by a percentage of your players, shouldn't mean that you lose your job because of it. How many D-1 teams have lost more than half of their rosters this year because of this knee jerk policy that was enacted this year.
 
05-22-2021 01:26 PM
Find all posts by this user Quote this message in a reply
UCGrad1992 Offline
Legend
*

Posts: 31,773
Joined: Sep 2013
Reputation: 2265
I Root For: Bearcats U
Location: North Carolina
Post: #34
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-22-2021 01:26 PM)Edgebrookjeff Wrote:  As in everything else, the truth is somewhere in the middle. Brannen probably won't get the whole 5 mil, but he does deserve to get paid. just because you're not liked by a percentage of your players, shouldn't mean that you lose your job because of it. How many D-1 teams have lost more than half of their rosters this year because of this knee jerk policy that was enacted this year.

It's not just because players disliked him. It was his paranoid, passive-agressive behavior. It was violating an NCAA rule. It was violating UC's practice protocols. Again, we don't make the rules or may disagree on the merits of the rule itself but don't do things to give your employer valid reasons to terminate your employment.
 
05-22-2021 02:10 PM
Find all posts by this user Quote this message in a reply
Bearhawkeye Offline
The King of Breakfast
*

Posts: 13,708
Joined: Mar 2004
Reputation: 585
I Root For: Zinzinnati
Location:
Post: #35
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(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:  
(05-22-2021 06:24 AM)CliftonAve Wrote:  For the “UC can’t afford the litigation crowd”- this is going to be covered by a D&O insurance policy (Directors and Officers). A D&O covers the defense costs for UC and any indemnity if paid out.

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.

Bolded comments above say (or at least strongly imply in the context of this D&O discussion in the case of the second one) that this isn't a significant financial situation for UC athletics.
 
(This post was last modified: 05-22-2021 02:32 PM by Bearhawkeye.)
05-22-2021 02:30 PM
Find all posts by this user Quote this message in a reply
CliftonAve Offline
Heisman
*

Posts: 21,880
Joined: May 2012
Reputation: 1171
I Root For: Jimmy Nippert
Location:
Post: #36
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(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:  
(05-22-2021 06:24 AM)CliftonAve Wrote:  For the “UC can’t afford the litigation crowd”- this is going to be covered by a D&O insurance policy (Directors and Officers). A D&O covers the defense costs for UC and any indemnity if paid out.

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).
 
05-22-2021 02:31 PM
Find all posts by this user Quote this message in a reply
Edgebrookjeff Offline
1st String
*

Posts: 1,683
Joined: Oct 2008
Reputation: 28
I Root For: bearcats
Location:
Post: #37
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-22-2021 02:10 PM)UCGrad1992 Wrote:  
(05-22-2021 01:26 PM)Edgebrookjeff Wrote:  As in everything else, the truth is somewhere in the middle. Brannen probably won't get the whole 5 mil, but he does deserve to get paid. just because you're not liked by a percentage of your players, shouldn't mean that you lose your job because of it. How many D-1 teams have lost more than half of their rosters this year because of this knee jerk policy that was enacted this year.

It's not just because players disliked him. It was his paranoid, passive-agressive behavior. It was violating an NCAA rule. It was violating UC's practice protocols. Again, we don't make the rules or may disagree on the merits of the rule itself but don't do things to give your employer valid reasons to terminate your employment.

If the stories are true about the rule that he broke, I applaud him for it. Not everyone agreed with the accounts that Madsen and Saunders gave, Or everyoone would have left. I guess we'll have to wait and see if he gets paid or not. I find it interesting that players like Keith Williams, Chris Vogt, Tre Scott, MAW have been quiet on the subject and DDJ came out in support of the coach.
 
05-22-2021 03:15 PM
Find all posts by this user Quote this message in a reply
BcatMatt13 Offline
Hall of Famer
*

Posts: 11,278
Joined: Apr 2007
Reputation: 204
I Root For: The Bearcats
Location:
Post: #38
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
So glad UC didn’t let this Hindenburg disaster of a hire last more than 2 years.
 
(This post was last modified: 05-22-2021 04:38 PM by BcatMatt13.)
05-22-2021 04:33 PM
Find all posts by this user Quote this message in a reply
UCGrad1992 Offline
Legend
*

Posts: 31,773
Joined: Sep 2013
Reputation: 2265
I Root For: Bearcats U
Location: North Carolina
Post: #39
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-22-2021 03:15 PM)Edgebrookjeff Wrote:  
(05-22-2021 02:10 PM)UCGrad1992 Wrote:  
(05-22-2021 01:26 PM)Edgebrookjeff Wrote:  As in everything else, the truth is somewhere in the middle. Brannen probably won't get the whole 5 mil, but he does deserve to get paid. just because you're not liked by a percentage of your players, shouldn't mean that you lose your job because of it. How many D-1 teams have lost more than half of their rosters this year because of this knee jerk policy that was enacted this year.

It's not just because players disliked him. It was his paranoid, passive-agressive behavior. It was violating an NCAA rule. It was violating UC's practice protocols. Again, we don't make the rules or may disagree on the merits of the rule itself but don't do things to give your employer valid reasons to terminate your employment.

If the stories are true about the rule that he broke, I applaud him for it. Not everyone agreed with the accounts that Madsen and Saunders gave, Or everyoone would have left. I guess we'll have to wait and see if he gets paid or not. I find it interesting that players like Keith Williams, Chris Vogt, Tre Scott, MAW have been quiet on the subject and DDJ came out in support of the coach.

So, that is not a red flag to you that one guy on the whole team came out in support of the coach? Sometimes silence speaks loudly too. Again, we can debate the merits of rules but if you were given a written reprimand from your boss and then proceeded a few months later to commit another violation coupled with alienating/insubordinate behavior that your co-workers or subordinates gave evidence of then who's fault is it if termination action is taken? Would anyone on this Board do that in their current job? I have no sympathy for anyone either that dumb or arrogant or both.
 
05-22-2021 04:45 PM
Find all posts by this user Quote this message in a reply
Edgebrookjeff Offline
1st String
*

Posts: 1,683
Joined: Oct 2008
Reputation: 28
I Root For: bearcats
Location:
Post: #40
RE: Brannen's attorney files federal lawsuit against UC, Cunningham, Pinto
(05-22-2021 04:45 PM)UCGrad1992 Wrote:  
(05-22-2021 03:15 PM)Edgebrookjeff Wrote:  
(05-22-2021 02:10 PM)UCGrad1992 Wrote:  
(05-22-2021 01:26 PM)Edgebrookjeff Wrote:  As in everything else, the truth is somewhere in the middle. Brannen probably won't get the whole 5 mil, but he does deserve to get paid. just because you're not liked by a percentage of your players, shouldn't mean that you lose your job because of it. How many D-1 teams have lost more than half of their rosters this year because of this knee jerk policy that was enacted this year.

It's not just because players disliked him. It was his paranoid, passive-agressive behavior. It was violating an NCAA rule. It was violating UC's practice protocols. Again, we don't make the rules or may disagree on the merits of the rule itself but don't do things to give your employer valid reasons to terminate your employment.

If the stories are true about the rule that he broke, I applaud him for it. Not everyone agreed with the accounts that Madsen and Saunders gave, Or everyoone would have left. I guess we'll have to wait and see if he gets paid or not. I find it interesting that players like Keith Williams, Chris Vogt, Tre Scott, MAW have been quiet on the subject and DDJ came out in support of the coach.

So, that is not a red flag to you that one guy on the whole team came out in support of the coach? Sometimes silence speaks loudly too. Again, we can debate the merits of rules but if you were given a written reprimand from your boss and then proceeded a few months later to commit another violation coupled with alienating/insubordinate behavior that your co-workers or subordinates gave evidence of then who's fault is it if termination action is taken? Would anyone on this Board do that in their current job? I have no sympathy for anyone either that dumb or arrogant or both.


In my experrience with situations like these, the truth is somewhere in the middle between what the players have said and what the coach has said. Neither side is interested in a long drawn out battle, so both sides will want to settle quickly and quietly. Does Brannen deserve the full 5 mil, probably not. So they'll negotiate to an amicable settlement where both sides will be satisfied. Both sides will learn from this experience and Brannen will probably pop up somewhere in the not so distant future as an assistant at the pro level, or maybe Marshall where he's in the hall of fame as a player.
 
05-22-2021 05:21 PM
Find all posts by this user Quote this message in a reply
Post Reply 




User(s) browsing this thread: 1 Guest(s)


Copyright © 2002-2024 Collegiate Sports Nation Bulletin Board System (CSNbbs), All Rights Reserved.
CSNbbs is an independent fan site and is in no way affiliated to the NCAA or any of the schools and conferences it represents.
This site monetizes links. FTC Disclosure.
We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit http://www.networkadvertising.org.
Powered By MyBB, © 2002-2024 MyBB Group.