Will they take him back?
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Kent State Lawsuit..
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The Ohio District Eleven Court of Appeals' schedule for September is out...
Geno's appeal goes to oral arguments on September 3 at 9:30am
The courthouse is in Warren, OH (right down the road about 30 miles from Kent State in Kent, OH)
Thankfully none of the judges that preside in the Eleventh District are Kent State alums - but all three are lifetime Ohioans...
BTW - another big date on the calendar is September 25, 2014 - anyone recall the significance??
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nope - the significance of Sept. 25 is this...
when Kent State won their judgement against Bradley University - they decided only to pursue monetary damages from Geno and not from BU - but...
at the time they dropped the action against BU, they RESERVED the right to reinstate any time within a year if they felt they could not recover damages from GF.
That year expires on 9/25/14.
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GF's lawyer is pursuing the appeal by citing another case...
in which a Kent State asst FB coach was demoted to a non-coaching position and told if that was not satisfactory, then his choice to decline would be accepted as a resignation.
The court however saw the demotion to an unacceptable non-coaching position as a firing and thus no damages (no buyout penalty/"liquidated damages") was due.
This differs significantly from GF's case so I am not sure it's gonna help his appeal - that's the judge's job to decide...
...as GF was not fired nor demoted.
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Originally posted by tornado View Postnope - the significance of Sept. 25 is this...
when Kent State won their judgement against Bradley University - they decided only to pursue monetary damages from Geno and not from BU - but...
at the time they dropped the action against BU, they RESERVED the right to reinstate any time within a year if they felt they could not recover damages from GF.
That year expires on 9/25/14.
(Except apparently for their contractual guarantee to pay at least $400,000 of any "buyout" Geno ends up owing)
Recall - BU lost the lawsuit by summary judgement - but Kent State chose at the hearing to pursue damages only against GF and not against BU.
After 9/25/14 they cannot refile for damages and BU thus dodges a bullet.
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Ohio Appellate Court issues further ruling that is a hurdle to Geno Ford's efforts to possibly advance his case or appeal to the Ohio State Supreme Court.
You can read the ruling for yourself - and the wording seems kinda harsh...
saying in effect that Geno Ford's lawyer cannot request an answer as to conflict with previous legal precedent, since no such conflict exists.
".. Appellant .. seeks to have this Court
certify a conflict that does not exist.
..Appellant has not demonstrated that any .. conflict exists......
motion .. denied."
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Yes, I am a bit surprised. An appeal to the state supreme court could take many months, even years, and could cost him hundreds of thousands of more dollars in legal fees. The state has no problems just having the taxpayers pay for their army of lawyers, but the defendant's side is all out of Geno's pocket.
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we have another similar lawsuit...
Texas just hired a new football coaching staff and they lured Joe Wickline away from Oklahoma State and signed him as a Texas assistant.
Oklahoma State is filing a breach of contract lawsuit against Wickline & Texas.
Oklahoma believes their lawsuit states Wickline can only leave for a higher coaching position and not a lateral move - othewise he owes the buyout penalty - $600,000.
This Legal Blog compares the Wickline suit to Geno Ford's.
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The case remains before the Ohio Supreme Court but in the meantime...
The 11th District Court Decision is finally fully posted...
"(Geno) Ford's motion ... is denied"
...Justice Diane V. Grendell
Justice Cynthia Westcott Rice concurs
Justice Timothy P. Cannon dissents
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