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Titans file suit against Kiffin, USC

Shmuley

Shmuley

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Mar 6, 2008
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"... to discuss a job offer with anyone other than the Titans?"

I don't see how that's enforceable. Good luck with that one, Jeff.
 
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hotdigitydog

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May 21, 2007
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If TN has this in his contract, it is enforceable.........Not sure if it's worth the fight though but I'd love nothing more than for Kiffin to get struck down........</p>
 
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Todd4State

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Mar 3, 2008
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Why not go through the proper channels and ask Jeff Fisher in the first place? That seems to be common with coaching searches. I know that when we have had to look for a coach, that we had to ask permission to speak with that candidate.

Fisher probably would have allowed him to interview at least. I can see why he is pissed off.
 
Shmuley

Shmuley

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Fisher wants to embarrass Kiffin and teach his *** to play by the code of conduct. Kiffin should have gone through proper channels like everyone else. But he's a spoiled *****.

The only way money changes hands (and it will be nominal at best) is if Fisher has proof that Kiffin had a copy of Pola's contract in hand before Kiffin met with him.
 
Dawgpile

Dawgpile

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May 23, 2006
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Shmuley said:
Fisher wants to embarrass Kiffin and teach his *** to play by the code of conduct. Kiffin should have gone through proper channels like everyone else. But he's a spoiled *****.

The only way money changes hands (and it will be nominal at best) is if Fisher has proof that Kiffin had a copy of Pola's contract in hand before Kiffin met with him.
Click to expand...
Kiffen knew Pola was under contract with the Titans. It seems asimple case of tortious interference with a contract.
 
karlchilders.sixpack

karlchilders.sixpack

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Embarrass yes,... spoiled SOB yes,... that might be enough. But, Fisher is mad, because they open training camp now, and he does not have a coach.
Also, I suspect a little home brewed Tenn. punishment is being brought about, so I think UT supporters will likely back this effort, it might get drug out.
Anyway, it's in a Tenn. court, and ...</p>
 
Shmuley

Shmuley

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Malice requires scienter. They have to show kiffy intentionally breached the provision that required prior written permission. To prove that, you best have proof that he was actually aware of the provision and went ahead anyway. The Titans may have the proof, but I doubt it.

I'm arguing that a provision in a contract prohibiting even a discussion of potential jobs without the written permission of your current employer is not enforceable on constitutional/public policy grounds. I doubt it's ever been tested before. We may get to find out, but I doubt it.
 
Shmuley

Shmuley

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You cannot imagine the monkey wrenches that are about to be chunked into this MFer. A Tennessee state court case against a political subdivision of the State of California? Give me a f'n break. Dudes, there's a long way to go before this one gets sorted out unless dispensed with on the front end quickly.
 
Dawgpile

Dawgpile

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Aside from your point of argument about Kiffen's knowledge of the contract, this seems to be a slam-dunk for the Titans:

Elements of tortious interference:

[list type=decimal]
[*]The existence of a contractual relationship or beneficial business relationship between two parties.
[*]Knowledge of that relationship by a third party.
[*]Intent of the third party to induce a party to the relationship to breach the relationship.
[*]Lack of any privilege on the part of the third party to induce such a breach.
[*]The contractual relationship is breached.
[*]Damage to the party against whom the breach occurs.[/list]
 
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patdog

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May 28, 2007
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The general rule is that any contract is binding, but the one thing you can't force is specific performance. The only thing the Titans could do would be to sue for damages, and they'd have a hard time proving any significant damages, unless they could somehow prove that they can't hire a coach of similar ability for a similar price.
 
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bulliegolfer

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Oct 19, 2008
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if your under contract, how can a coach accept another job without a release from his current employer? Why can't Pola be sued? Seems like contracts are a one way street. If a team fires a coach, then they have to be paid according to the terms of the contract. But a coach can leave a team with little consequence. Or so it seems.

Edit: I guess Patdog's post explains it, but still seems screwy.
 
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codeDawg

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contract mumbo-jumbo is basically junk. You can leave a job at any time for any reason, and you can be fired from a job at any time for any reason. This sounds a lot like a non-compete agreement, which is also not enforceable in TN.
 
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topbulldawg

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Jan 27, 2008
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A contract is binding. You are thinking of the typical employee/employer relationship where there is not a contract. This is the case in a vast majority of jobs. For those jobs, you are correct.
 
karlchilders.sixpack

karlchilders.sixpack

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And it came out after the fact that the reason Kiffin may have left a message on Fisher's voicemail instead of speaking with him directly is that the <font color="#0069aa">Minnesota Vikings</font> had already given Eric Bienemy, <font color="#3d4552">their</font> running backs coach, <font color="#0069aa">a promotionand pay raise</font>to prevent Kiffin from stealing <font color="#3d4552">him</font> away.The Minnesota Star Tribune reported that USC had offered the offensive coordinator's job to Bienemy, soPola wasn't even Kiffin's first choice. Thus, afraid that Fisher might do the same thing with Pola, LaneKiffin subverted the systemto get what he wanted. And that's where the Titans might have a case.

Kiffin went after the Vikings RB coach....and they gave him a raise, so when he talks to the Titans coach, he circumvents the system.</p>
 
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Tdawg411

Guest
All they need is bad publicity and the wrath of a prominent alumni (aka. Jeff Fisher). This just proves that Lane Kiffin is a dumba#$. But I am jealous, being a dumb#$, he has somehow found a way to get rich---without any idea of what it takes to be a head coach at any level.
 
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HLRebel

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Jul 27, 2009
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A specific contractual provision? All they have to prove is that Kiffen, acting within the scope of his employment at USC(A private institution), knowing tried to end an existing contractual relationship between two parties. The Titan's would have a hard time trying to enforce the provision against Paola, but they aren't trying to do that.
 
Shmuley

Shmuley

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Mar 6, 2008
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but the reports are saying that the Titans pled malicious interference. If that's how they pled it, they have to prove actual knowledge on Kiffin's part, or at least reckless disregard.

And I acknowledge your reminder that USCw is private. Forgot about that.
 
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