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Kent State Files Breach of Contract Suit Against Coach Ford

Interesting article with legal opinions about the Kent State lawsuit-
http://www.recordpub.com/news/sports_article/5035068?page=0

Sports and entertainment lawyer Daniel B. Fitzgerald explained the problem for universities hoping to enforce buyout clauses in an article posted March 15 on Connecticut Sports Law??™s website. In it he explains ???a buyout clause is essentially a liquidated damages clause,??? and it is ???only enforceable if the clause requires the coach to reimburse the school for the reasonable damages caused by the coach??™s departure. The clause cannot be punitive.???
Kent State has admitted it is seeking liquidated damages, but it will be difficult to prove $1.2 million in actual damages considering the current state of the Golden Flashes men??™s basketball program.
KSU didn??™t engage in an overly drawn-out search for a new head coach. Athletic director Joel Nielsen promoted Ford??™s top assistant, Rob Senderoff, in less than two weeks. The Flashes didn??™t lose a recruit. No players transferred. Ford didn??™t take any of his assistant coaches with him to Bradley.
With a highly-rated recruiting class and only one player graduating from a team that won the Mid-American Conference??™s regular-season championship and advanced to the NIT quarterfinals, the Flashes have a chance to be very good in 2011-12. And when Senderoff was hired, Nielsen and KSU president Lester Lefton raved about the state of the program.
So if the program didn??™t take a huge hit, why would KSU choose to sue for the full $1.2 million in damages instead of settling for a lesser amount, as most schools choose to do after a coach leaves?
 
Well that's good news and sheds some light on the whole situation. I was under the impression that Ford leaving was something of a covert mission the way it was portrayed...in the article it clears up that KSU knew Ford was probably going to take the BU job...and that this will be more of a black eye for KSU than Bradley. Cautiously optimistic.
 
Geno Ford files a motion to have the lawsuit dismissed...Bradley University - through it's lawyers, does the same..
http://www.recordpub.com/news/article/5043432

Geno & his lawyer claim the contract was amended and modified after the contract was signed.

and that Geno Ford "performed all “enforceable” duties laid out in the contract and that damage provisions in Ford’s contract are “unconscionable.”"

There are also counterclaims that Kent State also committed "(prior) breaches of contract.”


In addition -- Kent State is also suing Bradley -- and Bradley also filed a motion to dismiss...
"KSU is also suing Bradley University for damages in excess of $25,000, alleging the school interfered with Ford’s contract.

In its answer, also filed on Friday, Bradley claims in more direct terms that Ford had KSU’s permission to interview."

"“(KSU) unconditionally consented to (Ford) interviewing to fill the open position of head coach of Bradley’s men’s basketball team and, therefore, cannot seek damages in tort from Bradley,” the school’s attorney wrote.

Among other defenses, Bradley University is claiming the amount of damages KSU seeks is “completely unreasonable. ” The school also asked the court for a dismissal of the suit with an award of attorneys fees.

At the end of their answers, both Ford and Bradley University ask for a trial by jury. Watson said a settlement before the case goes to trial is always possible."
 
That's interesting. If the FACTS are on your side (if you are right), always ask for a trial by judge. If you are wrong then you'll need to play on the ignorance and emotional appeal of your peers - ask for a jury.
 
Since these filings are public record, it would be nice to actually see them in their entirety instead of relying upon a reporter's summary. Does anyone know where one can access Ohio filings online?

BTW - don't read too much into the number of affirmative defenses. Most attorney's take the kitchen sink approach and include everything possible, most of which have no basis in fact or in law. Its called malpractice prevention....
 
After all is said and done, I think that BU and Geno will settle this out of court for drastically lower than what KSU is asking. jmho
 
Beninator said:
After all is said and done, I think that BU and Geno will settle this out of court for drastically lower than what KSU is asking. jmho
Click to expand...

Not sure I agree... From what I understand BU/Geno don't have much to stand on. He signed a contract, broke it, and is not paying the buyout, a process that normally occurs dozens of times an off-season with no problem. If I'm KSU I'll take my chances in court.
 
in my own experience with lawyers -- they all believe they can win every case -- and if you were going to hire one, I guess you'd want one that believed that.

As to getting 90% consensus among any group of lawyers on any topic -
good luck...
 
JMM28 said:
Common sense? Bird in the hand being worth 2 in the bush? That kind of thing.

You always take the guaranteed money.
Click to expand...

My point is that KSU holds all the cards. BU needs to avoid, not only the financial loss, but can't afford the poor publicity. This case will make the next coaching search more difficult, especially if it gets (more) ugly.
 
amckillip said:
My point is that KSU holds all the cards. BU needs to avoid, not only the financial loss, but can't afford the poor publicity. This case will make the next coaching search more difficult, especially if it gets (more) ugly.
Click to expand...


I don't think it is good publicity for either school, but I would say it is worse for Kent State. They are never going to be a destination job. They will always be a stepping stone position, and they are getting worse publicity out of this than BU.

The situation of the elder Beilein going to Michigan from WVU is very similar. The contract was a recently signed one, he left, had a buyout of 500k a year for 5 years. They settled out of court for 1.5M payable over 5 years. I assume this case will go a similar rate. Maybe a little over half (or other considerations) payable over 5-7 years.

And I can't see BU having to pay the 25,000 or whatever if KSU gave permission for Geno to speak with them...?
 
amckillip said:
My point is that KSU holds all the cards. BU needs to avoid, not only the financial loss, but can't afford the poor publicity. This case will make the next coaching search more difficult, especially if it gets (more) ugly.
Click to expand...

Who cares about who is holding the cards right now. Have you ever been to a court house? Anything can happen with a jury and then all the costs associated with litigation. That is why most law suits are settled out of court.

97%....http://www.bizjournals.com/phoenix/stories/2004/05/31/newscolumn5.html
 
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