I look forward to the resolution. I’m a babbler that held the second most jury verdicts one year before moving into a higher firm. They also did not appreciate my style, in general. But none of the partners had actually tried a case.
Can you explain how the duty to litigation works? Maybe start with a standard jury instruction?
But, if every he says is true, no knowledge, or didn’t happen at all, then the aftermath has value. How much depends on what you thought of him as a coach before the story broke. Another area of wide disagreement.
Love ya NC, but this screams get off my lawn. A lawyer of your ilk can read my posts and figure out what the other side contends. SCOTUS opinions are far more difficult to put together than my babblings.
I thank Fitz for giving us our first bowl victory, some wonderful years, some really memorable moments, a great athletic center, and a new stadium. None of that happens without him.
Well put, there was a mix of great and really bad. Your leadership statements are spot-on, and I think there is so much "rot" NU does not have the ability to address holistically Starts with the BOT (who I feel is truly accountable), president and AD. Perhaps they feel athletics is "just a thing" hence the complacency. I think we have Gragg and co for many more years which is frustrating.
Point 3 is the one I find most curious. NC says those player suits are worthless. If so, then NU rather lose those than to PF. Btw, I’m not agreeing that they are worthless, just making an observation.
True. And NU would find no shortage of experts on the other side. That’s what happens. Boils down to how well you picked your jury and how good you are in front of them.
By lawyers none the less. Tough to pick a side here. Mean ole Bob or lawyers. Guess you like lawyers in general now
Let’s see how they do this year w PF’s Braun and mostly PF players. One can argue outlier if they flop this year making it like 4 out of six terrible seasons.
Fine. I’m kinda flying to Tahiti right now but this is easy.
f he was offered ND job at this point, he would still have at least a couple years of damages that he could claim. But at this point that is unlikely. More likely something like a MAC level job being offered but those tend to pay more in the $500 K range and that would be a substantial reduction so would not have to take it at damages would still be close to top
You can argue it, but not sure you’d get traction given the case law (if I remember it correctly). That said, not a litigator and been a long time since I read that stuff.
Ok read the complaint, not bothering with the attachments. Typical blowhard legal writing issuing a million words when ten will suffice.
Yeah - I’m not sure. This type of mitigation would not be among my experiences and I would have to start with the jury instructions and trial law handbook before diving deeper. Thing is, as defense, when I raise it - it’s too late. PF and Webb have to make that decision well before it ever becomes an issue for a judge to decide. So if your Webb, and the case law or instruction is ambiguous, this is a multi-million dollar bet. Hope your read on the law is firm.
Also, riddle me this, maybe I have a bad take on PF but before July 2023, PF struck me as a guy that would have laughed someone out of the room that tried to raise an Intentional Infliction of Emotional Distress cause of actions, especially if from the football ranks. Anyway, I guess the tough guy PF I took him to be is really an emotional softy 🤷♂️
Judge: “Mr. Webb, nothing that came out in this investigation is as damaging to your client’s reputation as the names Aidan Smith and Andrew Marty. I award no damages.”
Fitz was so wrong about JON, and it was obvious the day he was signed.
Braun might be adopting another page from the PF philosophy of college football: screw O, D wins games. No need for a QB, OL or any of the crap. Chew up some time and let the D rest. They will score the points and stop the opponent.
Exactly. His commentary and so-called legal analysis ceased to be relevant and/or interesting a long time ago. I've enjoyed Bob's company in the past, and hopefully, will continue to do so, but I have no further interest in engaging with him on this topic
In hindsight I think the hazing (maybe not even the hazing itself but also the divisiveness it may have caused) was a contributing factor the last few years. The COVID year was an exception, but there probably wasn’t much opportunity for hazing because of limited contact protocolls, and it was such a crazy time in the world. Maybe some players thought that would break the cycle of hazing and reset the culture but when it didn’t…
Yes, his duty to mitigate his damages means he has to make reasonable efforts to secure other comparable employment. What is comparable employment would involve a lot of fact specific issues—- geographic location, standing/reputation of the school, conference, length of contract, monetary & non monetary term, etc. If NU could show no reasonable efforts to mitigate, his contract recovery could be limited. Fitz might try to argue damage to his reputation made mitigation impossible but if that is speculation & not based on the results of some mitigation efforts that argument very likely fails. But as gcg correctly noted, Fitz has smart & experienced counsel and they would certainly be counseling Fitz on his mitigation duties.
Fitz has an agent who can testify to what positions he has pursuit and the feedback from various colleges and organization about hiring him. In fact in asking for an earlier trial date, his lawyer argued that he needs this settled so that he can be considered for openings in 2025 because the lawsuit has prevented him from being considered for 2024 openings. I don’t think it is hard for the agent to list places that would not consider Fitz for a job.
Wasn’t Fitz always primarily a figurehead, even more so than the “typical” HC?
NU should then argue by presenting a Rogue's gallery of coaches that were fired in disgrace but have resurfaced a few years later
Actually, not interested in reading a bunch of small print on my phone. But also, I’m not involved in the cases. I find them interesting like I find the trump and oj cases interesting. I don’t need to comb the pleadings to arrive at some opinions that are probably based on a little more than the normal poster.
The one with an empty QB room? Not sure. Guess we will find out this season.
Fair enough. I suspect that I have tried cases on a smaller scale from start to finish while you have filled the F Lee Bailey role. Heck, wonder if you were P or D. How many jurors you questioned. It would be great to cross paths again just to hear your war stories and learn more about the nature of your practice.
As gcg made me read the 400 page complaint, they claim the PF has been reduced to a hamburger flipper at McD. If I was the D lawyer, I would take full advantage of that verbose pleading to argue that somewhere between hamburger flipper and B1G head coach lies the truth and PFs refusal to pursue anything contributed to his damages. Coupled with his recent production the offset of last years success with this years results - would not be difficult to argue he had lost his mojo before getting fired.
