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Topic:  Geno facing some real trouble

Topic:  Geno facing some real trouble
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Tim Burke
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Member Since: 11/23/2004
Location: St. Petersburg, FL
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  Message Not Read  Geno facing some real trouble
   Posted: 6/21/2011 1:27:35 PM 
http://sports-law.blogspot.com/2011/06/kent-state-univers...

Ohio '99 EMU '00 USF '08(?)

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Ryan Molnar
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Member Since: 11/27/2010
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  Message Not Read  RE: Geno facing some real trouble
   Posted: 6/21/2011 2:03:49 PM 
Sounds a lot like what went down when Matt Brady left Marist for James Madison a couple of years ago. Marist ended up winning that case: http://www.marist.edu/publicaffairs/index.html?id=592
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Ryan Carey
Site Programmer



Member Since: 11/11/2004
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  Message Not Read  RE: Geno facing some real trouble
   Posted: 6/21/2011 3:41:14 PM 
Tim Burke wrote:
http://sports-law.blogspot.com/2011/06/kent-state-univers...


Hey!  I know that blogger!  

Ryan M. Carey
BBA 2001

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The Situation
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Member Since: 7/12/2010
Location: Columbus, OH
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  Message Not Read  RE: Geno facing some real trouble
   Posted: 6/21/2011 5:04:28 PM 
I would love to see Geno or Bradley or both pay up for this nonsense. How can we expect more from the Terrelle Pyors of the world when their coaches and their schools are just as likely to succumb to the temptations of the business of college sports. It's unfortunate when you have to see one if your own get bit but had Groce not been so mediocre this year, this whole mess could've happened to us. (although I'm not aware of any conditions of Groce's contract)
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Bobcat Love
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  Message Not Read  RE: Geno facing some real trouble
   Posted: 6/21/2011 5:22:01 PM 
Timeout!! Timeout!!! Timeout!!! (Goes to the shoulders jumping out of bounds)
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Tim Burke
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Member Since: 11/23/2004
Location: St. Petersburg, FL
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  Message Not Read  RE: Geno facing some real trouble
   Posted: 6/21/2011 10:38:16 PM 
Ryan Carey wrote:
Tim Burke wrote:
http://sports-law.blogspot.com/2011/06/kent-state-univers...


Hey!  I know that blogger!  


Some of us know Nathaniel better than he'd wish we did hahaha.

Ohio '99 EMU '00 USF '08(?)

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Bobcatbob
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Member Since: 12/21/2004
Location: Coolville, OH
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  Message Not Read  RE: Geno facing some real trouble
   Posted: 6/22/2011 8:43:49 AM 
OK, attorney members, how can the notion that the liquidattion clause of a contract HE SIGNED is unconscionalbe be an affirmative defense?
Are we not accountable for our actions in contract law? It' s not like he was relying on a lazy public defender to handle his negotiations. 
If it weren't so important, I'd think Geno was joking.
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Ryan Carey
Site Programmer



Member Since: 11/11/2004
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  Message Not Read  RE: Geno facing some real trouble
   Posted: 6/22/2011 9:31:27 AM 
One of the articles said Geno was claiming the contract was modified after he signed it.  I would imagine that would be easy to prove assuming he has a copy of what he signed.  As standard practice I generally get a copy of things I sign...

Ryan M. Carey
BBA 2001

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BobcatSports
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Member Since: 2/2/2006
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  Message Not Read  RE: Geno facing some real trouble
   Posted: 6/22/2011 11:40:18 AM 
Will this matter have a negative reflection and a possible dismissal of Kent St. from the ranks of the "Last Innocents" as referenced in todays Wall Street Journal article?
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Pataskala
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  Message Not Read  RE: Geno facing some real trouble
   Posted: 6/22/2011 8:29:41 PM 
Bobcatbob wrote:
OK, attorney members, how can the notion that the liquidattion clause of a contract HE SIGNED is unconscionalbe be an affirmative defense?
Are we not accountable for our actions in contract law? It' s not like he was relying on a lazy public defender to handle his negotiations. 
If it weren't so important, I'd think Geno was joking.


From my employment law days, a provision of an employment contract can be unconscionable if the employer can exert undue influence over the employee (think Colonel Parker and Elvis) or the terms of the contract are extremely unfair.  Arguably, four years times Geno's annual salary may be extremely unfair, given that KSU found a successor right away and maybe for a lot less money.  My guess is Geno didn't bother to have an attorney look over the contract before he signed it.

And no, I don't think KSU will lose its "innocence"; this ain't an NCAA infraction.

We will get by.
We will get by.
We will get by.
We will survive.
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C Money
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  Message Not Read  RE: Geno facing some real trouble
   Posted: 6/23/2011 9:45:26 AM 
Pataskala wrote:
Bobcatbob wrote:
OK, attorney members, how can the notion that the liquidattion clause of a contract HE SIGNED is unconscionalbe be an affirmative defense?
Are we not accountable for our actions in contract law? It' s not like he was relying on a lazy public defender to handle his negotiations. 
If it weren't so important, I'd think Geno was joking.


From my employment law days, a provision of an employment contract can be unconscionable if the employer can exert undue influence over the employee (think Colonel Parker and Elvis) or the terms of the contract are extremely unfair.  Arguably, four years times Geno's annual salary may be extremely unfair, given that KSU found a successor right away and maybe for a lot less money.  My guess is Geno didn't bother to have an attorney look over the contract before he signed it.

And no, I don't think KSU will lose its "innocence"; this ain't an NCAA infraction.


Also, as the article kinda sorta says, a liquidated damages clause has to be a reasonable estimate of damages that will be suffered in the event of breach, i.e., it can't be a penalty.  Essentially, the parties at the outset are saying that rather than going through the process of fighting about how much damages were incurred as a result of any breach, we'll just put that figure at X. But if X is completely detached from reality and way too harsh, a court can strike it out as unconscionable. That's a judgment call, but that's why they're called "judges".

It could possibly be attorney malpractice to not argue unconscionability in a case like this, given the uncertainty surrounding how much value Geno added to the Kent State program. Then again, the more uncertainty there is, the more likely a liquidated damages clause will be upheld.

Basically, it's just lawyers being lawyers. They'll settle for a $100k-$200k, Bradley will pick up the tab, and Kent State will continue to be a brown stain on the MAC's mattress.
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Big Willy
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Member Since: 12/29/2004
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  Message Not Read  RE: Geno facing some real trouble
   Posted: 6/23/2011 2:34:28 PM 
C Money wrote:
Pataskala wrote:
Bobcatbob wrote:
OK, attorney members, how can the notion that the liquidattion clause of a contract HE SIGNED is unconscionalbe be an affirmative defense?
Are we not accountable for our actions in contract law? It' s not like he was relying on a lazy public defender to handle his negotiations. 
If it weren't so important, I'd think Geno was joking.


From my employment law days, a provision of an employment contract can be unconscionable if the employer can exert undue influence over the employee (think Colonel Parker and Elvis) or the terms of the contract are extremely unfair.  Arguably, four years times Geno's annual salary may be extremely unfair, given that KSU found a successor right away and maybe for a lot less money.  My guess is Geno didn't bother to have an attorney look over the contract before he signed it.

And no, I don't think KSU will lose its "innocence"; this ain't an NCAA infraction.



It could possibly be attorney malpractice to not argue unconscionability in a case like this, given the uncertainty surrounding how much value Geno added to the Kent State program.


Regarding how much value Geno added to the Kent State program, Geno could have Love testify on his behalf.
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giacomo
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  Message Not Read  RE: Geno facing some real trouble
   Posted: 6/24/2011 10:39:16 AM 
He probably didn't consult with an attorney when he inked the KSU deal, as he just wanted his first head coaching job. It also looks like he didn''t consult with an atorney when he inked the Bradley deal, as he was so excited to double his money. I'll bet he hires one now.
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JSF
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Member Since: 1/29/2005
Location: Houston, TX
Post Count: 6,554

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  Message Not Read  RE: Geno facing some real trouble
   Posted: 6/24/2011 10:49:03 AM 
His first D-I head coaching job. He coached at Shawnee State and Muskingum.

"Loyalty to a hometown or city is fleeting and interchangeable, but college is a stamp of identity."- Kyle Whelliston, One Beautiful Season.

My blog about depression and mental illness: https://bit.ly/3buGXH8

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giacomo
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  Message Not Read  RE: Geno facing some real trouble
   Posted: 6/24/2011 12:41:10 PM 
I stand corrected. Let's say his first head coaching job that paid any money.
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OUVan
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Member Since: 12/20/2004
Location: Bethesda, MD
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  Message Not Read  RE: Geno facing some real trouble
   Posted: 7/11/2011 1:03:20 PM 

Now Jim Les is suing Bradley for the remaining three years that he had left on his contract.  His new contract with UC Davis is split between coaching and teaching. His old contract called for the amount Bradley owed him being offset by his new salary.  The contract says that it is for "coaching" but Bradley is contending that his teaching is part of the deal.

http://sports.espn.go.com/chicago/ncb/news/story?id=6750688
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