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Im sure this will not make many happy around here.
But after reading the lawsuit from Mars, and the agreement that Nutt signed with OM when he left, OM does have a valid point. ALL they agreEd to was to INSTRUCT control groups and other om representatives to not to say anything, truthful or not, that hurt Nutt's career or vice versa. They did not agree to not utter anything negative.
Lets say that again. They agreed to tell om people to not run him down. Not that to guarantee that they wouldnt.
At the end of the day, this suit KILLS OM. But they win the verdict.
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What to do about proof that UM employees planted bad information to news outlets about Nutt being the primary suspect.......
Is this not a direct breach of the ageeement?
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Originally Posted by
Harrydawg
What to do about proof that UM employees planted bad information to news outlets about Nutt being the primary suspect.......
Is this not a direct breach of the ageeement?
The agreement was that OM was to instruct control groups and employees not to. If the court (rightfully) interprets that as the same thing as being libel for the failed results of their instruction, then I will have a renewed faith in our legal system to 'get it right' to steal a phrase. A it stands, I think that language was intentional because they knew it was bound to happen....and thus...a loophole. What they didnt count on is the price they'd pay in the leading up to the verdict.
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Originally Posted by
Harrydawg
What to do about proof that UM employees planted bad information to news outlets about Nutt being the primary suspect.......
Is this not a direct breach of the ageeement?
From what I read in the severance agreement it is. And the agreement refers to UM employees as well.
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Originally Posted by
yjnkdawg
From what I read in the severance agreement it is. And the agreement refers to UM employees as well.
Yep. And the sticking point is Freeze was an Ole Miss employee when the wrongdoing towards Nutt occurred. I almost want to say slander but I'm not a lawyer so I'm not sure if that is the legally correct term.
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Gravedigger is correct in his original post in this thread. UM will "win" the case but lose the war.
The severance agreement doesn't say that Ole Miss agrees not to say negative things about Nutt. Instead, it says that Ole Miss will direct its "control group" (presumably its high-level employees) not to say anything negative about Nutt.
If the parties intended to have a real nondisparagement clause, the severance agreement would have said something like: "Ole Miss agrees that it shall refrain from making any disparaging comments about Coach Nutt to any member of the media or in any public forum." There's a million different ways to say this, all of which are quite different from what the contract actually says.
The fact that Ole Miss actually did say negative things about Nutt to members of the media doesn't mean that there was a breach of the contract. All Ole Miss has to do is produce a memo to its employees in which they are directed not to say bad things about Nutt. Even if such a memo wasn't originally sent, I have no doubt that one will be created after the fact and back-dated accordingly.
Ole Miss will likely produce earlier drafts of the contract in which Nutt's attorney wanted real nondisparagement language in order to show that what ended up in the contract was the watered-down, toothless language that the parties finally agreed to after trading four or five drafts.
The fact that Mars has been rather public about this litigation is further evidence of the weakness of his case. It's not his fault; he was dealt a bad hand here with the contract language. He's doing a good job of using the media to make Ole Miss look foolish even though Ole Miss has a sound legal position. This situation is proof of the old adage that if the law is on your side, argue the law; if the facts are on your side, argue the facts; if the law and the facts are against you, pound the table. Mars is pounding the table, and Ole Miss is being bloodied.
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Originally Posted by
Harrydawg
What to do about proof that UM employees planted bad information to news outlets about Nutt being the primary suspect.......
Is this not a direct breach of the ageeement?
Phone records and news articles. Phone records and I would guess statements from the people listed would put a ding in OM defense. OM RELEASED two students names that in itself is a FERPA LAW violation. Slander, defimation of character, liable have happened across the board with OM not only against Mr. Nutt but our two students.
Last edited by Mimi's Babies; 10-13-2017 at 12:44 PM.
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Hey as long as more unm dirty laundry gets aired I dont care who wins.
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Originally Posted by
Commercecomet24
Hey as long as more unm dirty laundry gets aired I dont care who wins.
I would say that’s where most everyone stands. They don’t care about the verdict because the suit has confirmed what everyone thought OM was doing.
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Settlement = win. TSUN might pay for this to go away. That could be what Mars is playing for.
Everyone wants to be a beast...until its time to do what beasts do.
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There is no way this whole thing can get better. The list of embarrassing disasters could not ever be imagined by even the largest hater of us all.
After what we've witness it wouldn't shock me if Vitter was caught in bed with a dead boy.........
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Yeah I don't give two shits if Nutts wins or not. All that has come from it is glory in its own right.
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The winning and losing is meaningless. It's the bad PR that matters.
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Originally Posted by
Jack Lambert
The winning and losing is meaningless. It's the bad PR that matters.
Yeah, and you woulda thought after taking out Freeze with a phone number om would try to go ahead and cry uncle. But nooooooo, they are ole miss. They are shitbirds.
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They done peed in the whiskey, just saw an article from the USA Today, sending them down the river. No way they win this one, maybe in court, but not in public opinion, and that is so important to those 17'ers.
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Have the details of the original agreement been made public?
If not, then all you have is the OM admin's word that they didn't do anything wrong. And shit, we've all heard THAT before.....
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Of all the complete BS that has been UM, the fact that there was a missed (unredacted) phone number may the largest whooper of them all. No way that was a simple oversight. That number was intentionally left in there in order to make a clean break. But why? I had a bear tell me last week that Hugh cut a deal and signed an ammunity agreement with the NCAA.
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Originally Posted by
Harrydawg
Of all the complete BS that has been UM, the fact that there was a missed (unredacted) phone number may the largest whooper of them all. No way that was a simple oversight. That number was intentionally left in there in order to make a clean break. But why? I had a bear tell me last week that Hugh cut a deal and signed an ammunity agreement with the NCAA.
I think it was an oversight. If they wanted it to be found they would have left it in several times amongst hundreds of calls. And I don't know who redacted the phone numbers but Freeze probably isn't the sharpest tool in the shed. Plus, if you came up to me and asked me to go through my phone log for an entire and delete numbers to whatever I'm pretty sure I would miss a number or two here and there.
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Originally Posted by
Harrydawg
Of all the complete BS that has been UM, the fact that there was a missed (unredacted) phone number may the largest whooper of them all. No way that was a simple oversight. That number was intentionally left in there in order to make a clean break. But why? I had a bear tell me last week that Hugh cut a deal and signed an ammunity agreement with the NCAA.
It allegedly could be to distant the escort situation away from the football program and to make it appear that Freeze was contacting them for his own personal benefit. Thus it was all Freeze. I agree to if they had been going through those records with a fine tooth comb as you would imagine they would have you would think that call would have been redacted.
Last edited by yjnkdawg; 10-12-2017 at 11:47 PM.
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Originally Posted by
yjnkdawg
It allegedly could be to distant the escort situation away from the football program and to make it appear that Freeze was contacting them for his own personal benefit. Thus it was all Freeze. I agree to if they had been going through those records with a fine tooth comb as you would imagine they would have you would think that call would have been redacted.
That's exactly why it was not redacted.
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