Kent State Lawsuit..

[tornado]

Another new brief has been filed by Kent State University to the Ohio State Supreme Court arguing why this case should not be appealed any higher and that Ford should pay up..
They are wanting an end to the dragged out appeals and additional costs incurred.

They make a lot of powerful arguments...

-that "liquidated damages" clauses are commonplace and routine in the contracts of top coaches
-lots of other coaches have similar clauses and they have been upheld in courts
-that Geno was made fully aware of the buyout clause and agreed to it
-that Ford had then left and signed a contract with Bradley that contained an almost identical clause regarding liquidated damages
-that in Geno's contract with Bradley, Bradley University committed to paying Four Hundred Thousand Dollars of Ford??™s obligation to Kent State for buyout (so he obviously knew this was coming)
-"As demonstrated, the Appellant simply fails to show that this case is one of great public
or general interest warranting review by this court."
..and that the lower court rulings should be honored and damages should be paid.

http://www.sconet.state.oh.us/pdf_viewer/pdf_viewer.aspx?pdf=764529.pdf

Still no final ruling by the Ohio State Supreme Court but seems one should come soon.

[tornado]

the case is coming to an end and it is not good - and to think if one person wasn't so hell bent to make this change, this did NOT need to happen...

[tornado]

End of the road for Geno Ford....

His case was denied by the Ohio Supreme Court by a 5-2 vote

"APPEALS NOT ACCEPTED FOR REVIEW

2015-0347. Kent State Univ. v. Ford.
Portage App. No. 2013-P-0091, 2015-Ohio-41.
O’Connor, C.J., dissents and would accept the appeal and hold the cause for
the decision in 2014-0978, Boone Coleman Constr., Inc. v. Piketon.
Pfeifer, J., dissents."

http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2015/2015-Ohio-3427.pdf

Here's the full brief

http://www.sconet.state.oh.us/pdf_viewer/pdf_viewer.aspx?pdf=204633.pdf

[tornado]

On Sept. 17, 2015, Geno & his lawyer filed yet another motion for reconsideration of his appeal to be heard by the Ohio Supreme Court.... LINK

and in what finally might be the end of his appeals...
Yesterday the Ohio Supreme Court denied his "Motion for Reconsideration"


October 28, 2015 ...
2015-0347. Kent State Univ. v. Ford.
Portage App. No. 2013-P-0091, 2015-Ohio-41. Reported at 143 Ohio St.3d 1441,
2015-Ohio-3427, 36 N.E.3d 189.
On motion for reconsideration. Motion denied.
O’Connor, C.J., and Pfeifer, J., dissent and would hold the cause for the
decision in 2014-0978, Boone Coleman Const., Inc. v. Piketon.

http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2015/2015-Ohio-4468.pdf

[PhiAlphaBoy]

I didn't want to start a new thread on this, but does anyone know what happened to Geno Ford? I had heard that he moved his family to Florida and that he'd be doing some color commentary for someone down there.

[tornado]

nothing has been made public but all I have heard is what you already related

[Da Coach]

.....what happened to Geno Ford? I had heard that he moved his family to Florida and that he'd be doing some color commentary for someone down there.

I believe he'll be working college games for ESPN and ESPN3 as an analyst.

[PhiAlphaBoy]

Thanks coach. If he did end up in Florida I wouldn't be surprised if it was at the suggestion of his attorney since Florida offers significant wage protection from creditors - http://www.alperlaw.com/asset-protec...ry-exemptions/

[Da Coach]

For what it's worth, I was told by someone who knows him it had more to do with golf and other activities that aren't as available year-round in Illinois or Ohio.

[ACBL]

Can he appeal higher?

[tornado]

maybe we can have a lawyer comment but in this country anyone is free to file just about any suit or appeal - so I doubt there's any law that would prevent further appeals.

But the next level of appeal would be to the Federal Court system then to Federal Appeals Court then Supreme Court, and since this entire lawsuit regards interpretation of Ohio contract law- does anyone think there's even a chance that a Federal court would care to intervene or overrule the Ohio Supreme Court in a case involving interpretation of Ohio contract law? - especially since there's no claims of anyone being treated unconstitutionally or in violation of Federal laws.
Note that essentially ALL of the cases that the appeals to this point have referenced in an attempt to get the Ohio Supreme Court to intervene have been OTHER OHIO CASES involving contract laws and disputes. (LINK) Thus if appealed higher, wouldn't any Federal judge deny & likely send it back to Ohio?
Again - let the lawyers decide but it can't be good news for Geno or BU who share liability of over $1.2 million

[PhiAlphaBoy]

... it can't be good news for Geno or BU who share liability of over $1.2 million

I agree with you Tornado that it's highly unlikely the fed courts will overturn this state court decision. However, I thought BU was cleared and dropped from this suit a while back. If you meant BU is indirectly liable since they have to still pay Geno severance (so to speak) then I understand , but I think BU has been exonerated (technically, not actually) by being dropped from the suit. If Florida offers wage protection (as my link seemed to indicate) then Geno might have to pay very little for as long as he stays/resides in Florida. I believe OJ Simpson was afforded similar protections in Florida regarding his pension income.

[tornado]

Bradley lost the actual lawsuit but Kent State, in a surprisingly generous move, chose only to pursue damages from Geno and not BU - essentially letting BU off the hook legally in Ohio...

BUT -- as was revealed by the court documents & copies of the contracts that were placed into evidence-
BRADLEY's contract with Geno - that was offered by Dr. Glasser & Cross & approved by the Board of Trustees - guarantees up to $400,000 in buyout or penalties should Geno be sued by Kent State.
So unfortunately that's a lock solid commitment by BU that they will get sued in Illinois courts should they try to duck out of.

[PhiAlphaBoy]

BRADLEY's contract with Geno guarantees up to $400,000 in buyout or penalties should Geno be sued by Kent State.
So unfortunately that's a lock solid commitment by BU that they will get sued in Illinois courts should they try to duck out of.

Interesting, I did not know that. So, if Geno's salary is indeed protected by Florida laws, it sounds like KSU may have to come after BU if they want to get ANY money. Stay tuned, I guess.

[tornado]

not sure what you're talking about - the days of crossing a state line to duck the law are long gone....

..if you lose a lawsuit in Ohio, there's no other state that will "protect" you from having to comply with the terms of the judgement...
In fact there's already a civil case in Peoria County with Kent State bringing action to garnish wages being paid to Geno by Bradley.