really is a dumpster fire.
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I wouldn’t be surprised to see a lawsuit after this.
What a mess who’s in charge at Tennessee? They might have to make Brady Hoke permanent coach cause no one else would want it. They have yet to recover from when Fulmer was coach and never should have fired!
On what basis?
Memorandum of understanding was signed by both parties then Tennessee backed out. Schiano is owed money on that.
I’m not lawyer, but I guarantee a good one could find something.
Signed MoU, defamation to him personally (I’m not defending him, I don’t like the guy) but I figure a good attorney would jump on this, somehow. You don’t need much basis these days, “spill a cup of coffee, make a million dollars!”
What did the MOU state was remedy if either party backed out for you to say shiano is owed money. I haven’t read it
Mou hasbasic terms. That is document both sides work under until final contract is put together. Would have salary bonuses and buyout amounts in At as well termination for cause.
Schiano is harmed forever now as a result of this mob. He will definitely want the buyout. Could be millions.
Perhaps a signed memorandum (a contract) could be the basis of a suit, but I’m not sure what the damages would be. Defamation? No way.
“Spill a cup of coffee, make a million dollars”? I don’t think you know what is required to make a successful lawsuit. I know you don’t know what was involved in the “spilled coffee” case.
Big sassy I ask this honestly but do you know the extent of the injuries that were inflicted upon the victim of that cup of coffee that was spilled? Do you know how the jury came up with the award of money damages they gave? I do. No one wants to go through what that lady went through.
This is why you trust a jury not, as we learned today, the mob mentality of half truths and rumors.
That was just a jab honestly.
I know I’ve read about far too many cases that are just complete BS, that may not be one of them, but it has the right ring to it.
As far as injuries caused-- I don’t care not getting into it, there are a lot of people who are hypochondriacs looking for a quick buck.
If you want to sit there and say people don’t win lawsuits that have complete crap for the reason… well I don’t know what reality you live in.
I don’t care to argue about a dang cup of coffee either.
I’m just suggesting it wouldn’t surprise me at all to see something come from this.
Well what you have read may not be the truth. Juries know way more than you or I. As a lawyer we only can take cases that have merit. If other side doesn’t think it has merit they can ask Judge to dismiss it prior to trial and, if Judge agrees, it can be dismissed and if frivolous sanctions imposed on filing lawyer. There are no runaway juries.
I’m familiar with MOUs. I’m just not familiar with his. I haven’t read it. I don’t know if he rejected other offers or if the School also stopped offering coaches. I don’t know the terms. I don’t know the remedy for breach in this situation. I guess I assumed you had read the MOU. I’m not interested in assumptions. Thanks though.
Pike,
Like I said, I’m not a lawyer.
Also, like I said, I don’t care to argue about coffee or bogus cases.
My point in this, and now that I see you are an attorney, do you in your professional opinion see a possibility for a lawsuit?
This likely cost Schiano any chance of a HC in the future because other fan bases will go nuts just like the Vols. I think the damage caused could be significant.
So the defamation as I said, does it have validity?
Would first have to see what state law controls Tennessee or Ohio. Defamation highly doubtful in my opinion, however Tennessee backing out for no legitimate reason, ie this was not disclosed, I would think has legs and now he is damaged. I figure they will work a settlement out, he’ll the browns may hire him. Seems the haslems wanted him.
How was he defamed? There’s sworn testimony that he knew about what Sandusky did to a boy in a shower – and he did nothing about it.
Truth is an absolute defense to a defamation suit; there has to be a false statement of fact. Not here. It could damage him for future jobs, but there’s a price to pay when you look the other way while a child is abused by a dirty old man.
Now if I missed it and there’s a false statement out there, it’s a possibility, but I doubt he’ll file a lawsuit over it. All that does is keep the controversy going.
And not getting onto you or being critical of you as everyone I meet shares the same view as you about lawsuits. But the notion that there are all those frivolous lawsuits where people go to court and get millions or whatever…completely false and a myth.
Juries decide if a person wins those cases and how much money they get.
People like you are on juries. You, your family, your neighbors – those are people on juries. And they all think just like you.
And there’s no doubt you would not award any money in a case without merit – and in fact, you’d probably be highly skeptical of the Plaintiff and lean to awarding no money without hearing any evidence. That’s most people this day and age.
When a personal injury trial starts and the Judge announces it’s a personal injury lawsuit – the jurors roll their eyes and sigh and think ''here we go again, another frivolous made-up lawsuit". That’s the world we live in. For an injured person to recover money in a lawsuit from a jury, they better have a very strong case because they always start out behind with very skeptical jurors who could care less about their pain and suffering.
I’m just going to tap out on this one and watch and wait.
Not interested in the rest of it, just the football side.
The reality I live in is that I’ve tried probably 300 civil jury trials, participated in countless others, and have studied countless more still. I know what juries do. The “hypochondriacs hoping for a quick buck” are out there but almost never successful. They rarely get past the initial interview with a lawyer, much less succeed before a jury. News accounts, or more likely ads about, “hot coffee” cases are incredibly inaccurate.
As to Schiano, Pike is right. There might be a potential contract breach, but I don’t know what was signed, what the terms were, or whether there are any damages if there was a breach.
Yeah, I understand. And I usually could care less about anything political. But the myth that juries are handing out money hand over fist in frivolous lawsuits with illegitimate claims is causing harm to the country. And though I rarely do and usually do not want to go there, I know I have a duty to stand up as a citizen and shine some light on the truth when something harmful to our society is out there being perpetuated – if it makes just one person open their eyes, it is worth it. Rumors and myths take root and become reality if not challenged. And this is a bad one. And please understand this is not a criticism of you; it’s been reported this way in the media for decades now, and everyone – not just you – but everyone believes it. One time I heard someone who was going to serve on a jury go against the popular belief and say that they thought all the talk about frivolous lawsuits was just a bunch of media hype – it made me wonder – turns out if one looks at actual data and facts, that guy had a point.
On the football business side, I saw what that other poster said, and he could have a breach of contract case – depends on what was signed and how he’s damaged.
Yes, it was a false statement, you also made one. The “sworn affidavit” said a third party told McCleary (sp) that an ash faced Schiano saw the same thing he did. McCleary, who did witness the sexual abuse and did NOTHING to stop it, said this and had reason to deflect heat off himself, by saying others also knew. Now, the third party under oath, said he never said that, and had never heard Schiano say it. Schiano also has always denied it. Several professional teams, and college teams have done their due diligence on this, and are speaking out against TN’s fanbase over baseless “facts.”
Dan Wolken a media guy, and the “media expert” on the Sandusky case has also went off on Twitter and articles saying Schiano had zero guilt based off a perpetual lie from McCleary.