Any updates on the Ollie saga? | The Boneyard

Any updates on the Ollie saga?

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Since we are well beyond the deadline to ask for arbitration, I assume they have been in negotiations. And they are either still working on a deal or they made a deal and it hasn't been announced yet as a failure to reach a deal would probably have resulted in a lawsuit that we would have heard about by now. If a deal has been reached, it would be nice to hear about it so we can have closure.
 
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Chief00

I did post a thread not very long ago - said it was wrapping up within a couple months.
 

Hans Sprungfeld

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Is this what we're going to do today? We're gonna fight?
I sure hope not.

I've been enjoying the quiet and hoping no one would ask, however much I'd like the matter brought to completion.
 
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I did post a thread not very long ago - said it was wrapping up within a couple months.

My insider info is telling me it should be settled sometime between tomorrow and 2075. I can’t talk about details of it yet since I am part of the negotiations, but I’ll come back on and post an “I told you so” once news stories of the details have been published in The Courant, the CT Post and ESPN. It’s also tough keeping up with all of this stuff going on with Ollie while I’m currently on the recruiting trail with Hurley.
 
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My insider info is telling me it should be settled sometime between tomorrow and 2075. I can’t talk about details of it yet since I am part of the negotiations, but I’ll come back on and post an “I told you so” once news stories of the details have been published in The Courant, the CT Post and ESPN. It’s also tough keeping up with all of this stuff going on with Ollie while I’m currently on the recruiting trail with Hurley.
Dude’s been on target more often than not, so give the Chief some credit.
 

temery

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Since we are well beyond the deadline to ask for arbitration, I assume they have been in negotiations. And they are either still working on a deal or they made a deal and it hasn't been announced yet as a failure to reach a deal would probably have resulted in a lawsuit that we would have heard about by now. If a deal has been reached, it would be nice to hear about it so we can have closure.

I don't understand there being a deadline for arbitration. I know of one law suit that was in the courts for a year before one side asked for arbitration, so it went to arbitration.
 
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I don't understand there being a deadline for arbitration. I know of one law suit that was in the courts for a year before one side asked for arbitration, so it went to arbitration.
There was some deadline 15 days after Herbst upheld the termination for cause. I thought it was a deadline for requesting arbitration.
 

temery

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There was some deadline 15 days after Herbst upheld the termination for cause. I thought it was a deadline for requesting arbitration.

From personal experience, arbitration tends to benefit the party that is wrong.
 

Chin Diesel

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From personal experience, arbitration tends to benefit the party that is wrong.

Well, from a game playing theory, being wrong would entitle you to 0%, so arbitration can't ever hurt.
 

temery

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Well, from a game playing theory, being wrong would entitle you to 0%, so arbitration can't ever hurt.


I don't think anything less of them for asking (couldn't have thought anything less of them already), but it was BS that the court allowed them to force arbitration after a year of motions, hearings, etc.
 

8893

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I don't understand there being a deadline for arbitration. I know of one law suit that was in the courts for a year before one side asked for arbitration, so it went to arbitration.

There is no right to arbitration; it exists only by contract and is defined by the terms of the contract that created it. Here, there was a deadline by which Ollie had to request it, or it was waived. By my reading of the contract, however, he still has the option of de novo consideration in state court, which, as I've said, would be my strong preference if I was in his shoes.

From personal experience, arbitration tends to benefit the party that is wrong.

It all depends on the arbitrator(s). That's why I prefer a jury.

I don't think anything less of them for asking (couldn't have thought anything less of them already), but it was BS that the court allowed them to force arbitration after a year of motions, hearings, etc.

Courts always favor arbitration when there is a mandatory arbitration clause. I've been in the exact situation you describe before and likewise argued that they had waived arbitration by proceeding to court; I was surprised when I read the caselaw about how far you can go in court without waiving a mandatory arbitration clause. IIRC it basically comes down to whether they expressed intention to waive it and whether the other side has been so prejudiced that the court should overlook the contract and public policy in favor of arbitration.
 

8893

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OP got me curious if a lawsuit was filed so I checked the CT Judicial website. Only thing that popped up under his name is the divorce. I know @Chief00 has mentioned that the alimony and child support payments are drivers for KO, which makes sense. In that regard, knowing KO was fired on March 10th, it is notable that the docket for the divorce reveals the following timeline:
  • On March 27th KO files a post-judgment motion to modify alimony and child support payments; on the same day the court sets a hearing date for argument of the motion.
  • On April 11th new counsel appears for Stephanie.
  • The hearing is continued and on June 20th a stipulation is entered, presumably resolving the motion to modify.
If that's accurate, it would seem to be a positive development in terms of increasing the potential for a resolution. Just spitballing here, as I don't do family law, but I imagine the stipulation could be contingent on whatever the outcome of his dispute with the University.
 

temery

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There is no right to arbitration; it exists only by contract and is defined by the terms of the contract that created it. Here, there was a deadline by which Ollie had to request it, or it was waived. By my reading of the contract, however, he still has the option of de novo consideration in state court, which, as I've said, would be my strong preference if I was in his shoes.

You have the right to arbitration if it's in the contract. If you decide to go to court, you should be considered to have given up the right.

That's not the way it worked in my case.
 

8893

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You have the right to arbitration if it's in the contract. If you decide to go to court, you should be considered to have given up the right.

That's not the way it worked in my case.
Yes, it's a contract right...if it's in the contract. That was my point; i.e., it doesn't exist otherwise, and it is defined by the terms of the contract. In this case KO's contract says he has to demand it within a certain time period, and if he does, he waives his right to de novo consideration in court.

I agree with your second sentence; unfortunately the caselaw gives the courts a lot more discretion to send you to arbitration anyway, again depending on the contract and the circumstances. I could explain why I believe the caselaw developed that way, but that would inevitably send the thread down the cesspool chute.
 

HuskyHawk

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I don't understand there being a deadline for arbitration. I know of one law suit that was in the courts for a year before one side asked for arbitration, so it went to arbitration.

Ollie had a deadline under which he could go to binding arbitration. He passed on that. He can sue, or the parties can agree to go to Arbitration, but I doubt UConn would do that now. Mediation is another thing, and many federal courts will require mediation before a case can proceed. But Ollie has not filed suit yet, so now it is just settlement discussions.
 

CL82

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The quiet is the encouraging. Team Ollie's initial approach of going to the media was counter-productive. We'll see. I'd expect to hear something by the end of September.
 
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