SI: Breaking Down Kevin Ollie's Case Against UConn and the University's Likely Defenses

[8893]

Understood - My point was more to the fact that a Good Faith and Fair Dealings covenant applies both ways/to both parties.

Good point; I think it comes down to the spirit of the agreement rather than the letter, but that all depends on the perspective of whoever will be reviewing it. The unfortunate fact is that both sides signed an agreement that they each wish said something different than it does, which inevitably forces you to try and stick a square peg in a round hole.

 

[CL82]

It's a university, state run proceeding and not a lawsuit. If it were a lawsuit then the rules of discovery would apply. Going through the current process doesn't necessarily mean the University would have shared this information voluntarily with K.O's legal team. The FOIA was the only way to get the information given that UCONN is a public institution and required to comply with those kind of requests.

Mmm, I think it is because KO's outside counsel haven't filed a lawsuit and thus aren't entitled to discovery.

 

[husky8273]

Sure thing buddy. His present grandstanding attorney is private, not his union representation. And he was at the BE tournament within earshot of you. "Chief knows things"

and the seasoned litigators breached their new client's confidentiality by bragging at a location where they knew there would be many interested eavesdroppers. Unlikely.

 

[Chief00]

Doesn't that firm have a history with UConn? Seems more like they're out for blood than a compromise

Yep. My guess is he also wants this case to be part of his website - all the big $ wins for his clients. $10 million would impress but not $1-3M.

The attorney has nothing to lose now that he screwed up with the FOI request.
The only thing the outside World remembers is that $30,000 Miller story even though it’s hearsay. It hurts KO’s reputation and the university’s desire to thread the cause/sanction needle. So it serves no ones interest. And one would think the FBI will investigate given their interest in that area now. Miller is not the sharpest knife in the draw and now he’s pulled his wife, who perhaps is bitter he was fired, into the mess. Everything else is pretty boring away from CT.

 

[Chief00]

and the seasoned litigators breached their new client's confidentiality by bragging at a location where they knew there would be many interested eavesdroppers. Unlikely.

I reported it at that point in time, I don’t think he said anything he did not say in the newspapers. I think he felt he was standing up for his client - no case specifics. Or confidentiality. Your view is nonsense.

 

[auror]

I don't agree that the GF&FD goes out the window if KO can demonstrate facts suggesting that the fix was in to fire him for performance-related reasons before any of the alleged NCAA violations came to light, especially if they can show that other coaches also signed the certifications despite lack of compliance. Again, it's still a hard row to hoe, and I don't know what the evidence is, but the timeline would be very helpful in understanding it

I believe UConn has fired any coaches directly implicated in past sanctions, right?. Calhoun got failure to foster an atmosphere of compliance or whatever and wasn't fired, but that's not something you really can sign off on a compliance form about.

 

[ctchamps]

The lastest I heard is that the university made what they feel was a very fair settlement offer to KO in the last 2 weeks. He believes he can do better in court. The university is not willing to go above the number. So that is where we are at.

FWIW, the attorneys on the university side don't think they can lose in court. Not with the contract language and Ollie lieing to university officials about possible violations.

Was this their first offer?

 

[Chief00]

Was this their first offer?

As I mentioned in this thread - Benedict felt the settlement thing out on 3/3 without a specific offer. After that conversation in Houston - it was felt that for cause was the only route.

 

[husky8273]

Was this their first offer?

As I mentioned in this thread - Benedict felt the settlement thing out on 3/3 without a specific offer. After that conversation in Houston - it was felt that for cause was the only route.

so............Yes?

 

[TRest]

I reported it at that point in time, I don’t think he said anything he did not say in the newspapers. I think he felt he was standing up for his client - no case specifics. Or confidentiality. Your view is nonsense.

Link?

 

[husky8273]

Link?

this??? ................"I am hearing KO’s agent and legal people are furious; talking lots of smack at Big East Tournament."

 

[ctchamps]

As I mentioned in this thread - Benedict felt the settlement thing out on 3/3 without a specific offer. After that conversation in Houston - it was felt that for cause was the only route.

so..Yes?

Yes and no. Benedict's job was most likely in jeopardy along with KO's. My conjecture is that there are people other than Herbst who have sway over whether he remains. They set the upper limit of the offer.

If Chief00 is accurate Benedict approached KO to determine if he was amenable to that amount and determined he wasn't. I've heard from a source that KO approached the AD with his own offer and was rejected.

So the university felt that the best way to get KO to settle on their number was to invoke "Just Cause".

The rational for the informal approach is that if DB made an offer in writing I believe that would have removed the opportunity for "Just Cause".

Of course approaching the coach while prepping for a game as opposed to his being present with legal consultation was unlikely to get KO to agree. So IMO Benedict does not come off noble with this action if Chief00 is to be believed. And I suspect Chief does have some of the facts.

 

[Chief00]

Yes and no. Benedict's job was most likely in jeopardy along with KO's. My conjecture is that there are people other than Herbst who have sway over whether he remains. They set the upper limit of the offer.

If Chief00 is accurate Benedict approached KO to determine if he was amenable to that amount and determined he wasn't. I've heard from a source that KO approached the AD with his own offer and was rejected.

So the university felt that the best way to get KO to settle on their number was to invoke "Just Cause".

The rational for the informal approach is that if DB made an offer in writing I believe that would have removed the opportunity for "Just Cause".

Of course approaching the coach while prepping for a game as opposed to his being present with legal consultation was unlikely to get KO to agree. So IMO Benedict does not come off noble with this action if Chief00 is to be believed. And I suspect Chief does have some of the facts.

Just to reiterate and be clear - I said in Houston Benedict felt the settlement thing out “without a specific offer”.
Perhaps if KO’s reaction was more receptive this thing would have progressed further and we would have been spared this self destruction. Benedict understood what his parameters were for the conversation and knew a general range, but while KO seemed reasonable at first - when it came to money - he wanted $10 million - so no need to go further.
I don’t know if they would have made a specific offer unless they knew it would be accepted - not sure how you align that with firing for cause? Is that an issue? IDK.

 

[Chief00]

Yes and no. Benedict's job was most likely in jeopardy along with KO's. My conjecture is that there are people other than Herbst who have sway over whether he remains. They set the upper limit of the offer.

If Chief00 is accurate Benedict approached KO to determine if he was amenable to that amount and determined he wasn't. I've heard from a source that KO approached the AD with his own offer and was rejected.

So the university felt that the best way to get KO to settle on their number was to invoke "Just Cause".

The rational for the informal approach is that if DB made an offer in writing I believe that would have removed the opportunity for "Just Cause".

Of course approaching the coach while prepping for a game as opposed to his being present with legal consultation was unlikely to get KO to agree. So IMO Benedict does not come off noble with this action if Chief00 is to be believed. And I suspect Chief does have some of the facts.

One last thing - I agree with much that you say and I normally want that focus pregame - but the writing was so on the wall - KO knew he was gone - so it was a reasonable attempt to avoid what has happened since. I don’t think he was trying to get him to legally commit to anything. It was a reasonable conversation with an employee who was very much underperforming and who had broken rules that can get you terminated. A good boss will do that and even help an under performing employee with an exit plan without burning bridges or impacting his ability seeking a new job.

 

[ctchamps]

One last thing - I agree with much that you say and I normally want that focus pregame - but the writing was so on the wall - KO knew he was gone - so it was a reasonable attempt to avoid what has happened since. I don’t think he was trying to get him to legally commit to anything. It was a reasonable conversation with an employee who was very much underperforming and who had broken rules that can get you terminated. A good boss will do that and even help an under performing employee with an exit plan without burning bridges or impacting his ability seeking a new job.

Why Houston? The proper setting would be in DB’s office. Why wait until the final hours of firing someone to “get a feel” where the employee stands? If the handwriting was obvious there was a lot of time to get an impression of KO’s position as opposed to the final day.

And why reveal this to you or any of the people in this forum? I had previously believed that a lot of the negative KO stuff people presented here was from disgruntled coaches and players. Now I’m wondering how much stuff came from the AD.

As I stated before people in this forum should be refraining from using this forum to reveal what they know. I’m not a legal expert but if someone on KO’s legal team became aware that the AD was leaking stuff to the public that revealed something you’re suggesting or things KO’s done which people have openly stated in this forum I imagine it would help KO.