Im sure this will not make many happy around here.

[gravedigger]

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.

[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?

[Commercecomet24]

Hey as long as more unm dirty laundry gets aired I dont care who wins.

[Leroy Jenkins]

Settlement = win. TSUN might pay for this to go away. That could be what Mars is playing for.

[Harrydawg]

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.........

[gravedigger]

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.

[Bass Chaser]

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.

[Bucky Dog]

Yeah I don't give two shits if Nutts wins or not. All that has come from it is glory in its own right.

[Jack Lambert]

The winning and losing is meaningless. It's the bad PR that matters.

[shannondawg]

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.

[QuadrupleOption]

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.....

[TrapGame]

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.

[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.

[Todd4State]

The whole basis of the suit is that by Ole Miss saying that the NCAA investigation was totally on Nutt and therefore prevented him from getting another coaching job. As long as Nutt doesn't take another coaching job he should be in good shape to get some form of damages if not settle out of court.

[Todd4State]

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.

[yjnkdawg]

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.

[Jarius]

Who gives a shit who wins the suit? Houston Nutt is a piece of shit just like Freeze. They are all a bunch of idiots and it has been glorious to watch unfold. Ole Miss has already lost in this whole ordeal. If the motion to dismiss is denied, only more positive things will occur for MSU so hopefully it does not get thrown out. Other than that I don't care who actually wins. They keep destroying their own program and we keep benefitting. I hope they keep going full retard against each other.

[yjnkdawg]

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.



Mars is not your country bumkin Attorney. If he thought there was any potential loophole in the agreement, I highly doubt that he would use that as Exhibit 1. But the copy of the severance agreement I read did not say "instruct" but to "direct". Big difference in terminology. It said the control groups but also to UM (University of Miss) were directed to do so.

[InTheIttaBenaHotSun]

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.

[yjnkdawg]

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.

[Todd4State]

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.

And why would they want to do that? (Rhetorical question)

I'm pretty sure it's because they know that the escorts were for recruits- at least some of them. I personally believe that Freeze used escorts for himself and Ole Miss used escorts for recruits. In the past Ole Miss has actually been put on probation before for using strippers to recruit players. This isn't something new to them- in fact they probably advanced it from strippers to escorts. Although I highly suspect the stripper in the past were hooking up with players and recruits as well. Anyway, if and when it's found that the escorts were for football recruits they're going to have a major sex scandal on their hands in addition to already being off the matrix grid on probation- they're definitely toeing the death penalty line. Or at least an even longer period of probation...IF they're lucky.

[Todd4State]

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.

[HeCannotGo]

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.

[Bully13]

regardless of the verdict, lying to croots isn't a good look for tsun. they've been exposed to hell and back on that and the NCAA shouldn't be very pleased with that aspect. The court of public opinion has already rendered its decision on that and there are prolly some high school coaches pretty pissed about how tsun did their former players.

[dawgoneyall]

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.

LOL. Your assessment of the events is not in the realm of reality.

[sandwolf]

LOL. Your assessment of the events is not in the realm of reality.

How about instead of LOL'ing, you explain how his assessment is wrong.

[WesternSkyDawg]

How about instead of LOL'ing, you explain how his assessment is wrong.

Here's a shot at that:

Nutt/Mars would probably like the contract language to be stronger, as HeCannotGo pointed out. But the breach of contract claim is not the only cause of action pled in the Complaint. Mars also pled Breach of the Covenant of Good Faith and Fair Dealing. Every contract in the state of Mississippi, written or oral, contains this covenant by operation of law. So you can escape a technical breach of the contract language and still be liable for damages if your actions are in bad faith.

Example: you sell your house to someone then invite the Stones, Keith Moon, and Joe Walsh over for a little going away party before you tender the premises to the buyer. The house, of course, gets trashed beyond belief. Your contract says that you must tender the house in "habitable" condition. No pictures are taken; no representations are made that it be substantially the same condition as on the date of closing; the only contractual condition is that it be 'habitable'.
You live in the house for a week after it was trashed, then tender it to the buyer, and when the buyer naturally complains, you say "Uhn, uhn, uhn: I lived in it for a week without getting sick. So it must be 'habitable'." You might get away without technically breaching the contract language. But you would've breached the express or implied covenant of good faith and fair dealing.

To be sure, you'd rather have a breach of the express terms of the contract than to have to rely on a breach of the covenant of good faith and fair dealing; it would be a cleaner, more straightforward case. And yes, that's an extreme example. But the lengths OM went to to misrepresent the truth and lay their NCAA issues at the feet of Nutt is pretty extreme as well, isn't it? That's where judges and juries come in.

I'd probably lean toward OM winning the final verdict as well. But the court of public opinion is a different matter. Hell, forget OM and its rivals...Nutt himself is probably enjoying a bit of repair to his reputation just by showing how far OM went to spin this away from them and against him. In the end, just by showing his successor as a fraud with connections to unsavory elements makes anything Nutt did pale in comparison. I.e. he, and everyone other than OM, has won already.

[Mimi's Babies]

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.

[BeardoMSU]

LOL. Your assessment of the events is not in the realm of reality.

Your Hot Takes are always so insightful. Thank you so very much.**

[Mimi's Babies]

And why would they want to do that? (Rhetorical question)

I'm pretty sure it's because they know that the escorts were for recruits- at least some of them. I personally believe that Freeze used escorts for himself and Ole Miss used escorts for recruits. In the past Ole Miss has actually been put on probation before for using strippers to recruit players. This isn't something new to them- in fact they probably advanced it from strippers to escorts. Although I highly suspect the stripper in the past were hooking up with players and recruits as well. Anyway, if and when it's found that the escorts were for football recruits they're going to have a major sex scandal on their hands in addition to already being off the matrix grid on probation- they're definitely toeing the death penalty line. Or at least an even longer period of probation...IF they're lucky.

Someone stated that two people close to freszeus said that the prostitutes were for the RECRUITS. There are pictures floating with one recruit and his prostitute.

[Dawgbite]

The way I see it, Ole Miss needs Nutt to get another coaching job to disprove damages to his career. Ole Miss needs a disposable babysitter coach for the next 3-5 years. It's a match made in heaven, solves two problems with one hire.

[sandwolf]

Here's a shot at that:

Nutt/Mars would probably like the contract language to be stronger, as HeCannotGo pointed out. But the breach of contract claim is not the only cause of action pled in the Complaint. Mars also pled Breach of the Covenant of Good Faith and Fair Dealing. Every contract in the state of Mississippi, written or oral, contains this covenant by operation of law. So you can escape a technical breach of the contract language and still be liable for damages if your actions are in bad faith.

Example: you sell your house to someone then invite the Stones, Keith Moon, and Joe Walsh over for a little going away party before you tender the premises to the buyer. The house, of course, gets trashed beyond belief. Your contract says that you must tender the house in "habitable" condition. No pictures are taken; no representations are made that it be substantially the same condition as on the date of closing; the only contractual condition is that it be 'habitable'.
You live in the house for a week after it was trashed, then tender it to the buyer, and when the buyer naturally complains, you say "Uhn, uhn, uhn: I lived in it for a week without getting sick. So it must be 'habitable'." You might get away without technically breaching the contract language. But you would've breached the express or implied covenant of good faith and fair dealing.

To be sure, you'd rather have a breach of the express terms of the contract than to have to rely on a breach of the covenant of good faith and fair dealing; it would be a cleaner, more straightforward case. And yes, that's an extreme example. But the lengths OM went to to misrepresent the truth and lay their NCAA issues at the feet of Nutt is pretty extreme as well, isn't it? That's where judges and juries come in.

I'd probably lean toward OM winning the final verdict as well. But the court of public opinion is a different matter. Hell, forget OM and its rivals...Nutt himself is probably enjoying a bit of repair to his reputation just by showing how far OM went to spin this away from them and against him. In the end, just by showing his successor as a fraud with connections to unsavory elements makes anything Nutt did pale in comparison. I.e. he, and everyone other than OM, has won already.

Solid, informative post. Thanks.

[gravedigger]

Here's a shot at that:

Nutt/Mars would probably like the contract language to be stronger, as HeCannotGo pointed out. But the breach of contract claim is not the only cause of action pled in the Complaint. Mars also pled Breach of the Covenant of Good Faith and Fair Dealing. Every contract in the state of Mississippi, written or oral, contains this covenant by operation of law. So you can escape a technical breach of the contract language and still be liable for damages if your actions are in bad faith.

Example: you sell your house to someone then invite the Stones, Keith Moon, and Joe Walsh over for a little going away party before you tender the premises to the buyer. The house, of course, gets trashed beyond belief. Your contract says that you must tender the house in "habitable" condition. No pictures are taken; no representations are made that it be substantially the same condition as on the date of closing; the only contractual condition is that it be 'habitable'.
You live in the house for a week after it was trashed, then tender it to the buyer, and when the buyer naturally complains, you say "Uhn, uhn, uhn: I lived in it for a week without getting sick. So it must be 'habitable'." You might get away without technically breaching the contract language. But you would've breached the express or implied covenant of good faith and fair dealing.

To be sure, you'd rather have a breach of the express terms of the contract than to have to rely on a breach of the covenant of good faith and fair dealing; it would be a cleaner, more straightforward case. And yes, that's an extreme example. But the lengths OM went to to misrepresent the truth and lay their NCAA issues at the feet of Nutt is pretty extreme as well, isn't it? That's where judges and juries come in.

I'd probably lean toward OM winning the final verdict as well. But the court of public opinion is a different matter. Hell, forget OM and its rivals...Nutt himself is probably enjoying a bit of repair to his reputation just by showing how far OM went to spin this away from them and against him. In the end, just by showing his successor as a fraud with connections to unsavory elements makes anything Nutt did pale in comparison. I.e. he, and everyone other than OM, has won already.

I agree with Mars on that point and it?s clear what he was doing each time he made a public statement. Om was in a tough place: apologize based on the fact they did disparage him, in which case they admit to the world and the NCAA That Om was the source of the leaks. Or keep fighting knowing more and more would come out. I don?t doubt mars has access to phone records that indicate more embarrassing facts than have been revealed. He?s telling them in so many words ?I can trickle this out forever?.

At the end of the day, Ole Miss only has to show that Nutt signed an agreement that stated they had to direct employees to not disparage. The question becomes, if you required the higher standard, why did your attorney not ask for it in the contract?

Mars spins a great tale, but he cannot produce transcripts of the conversations even though we know it went down that way or close.

[Schultzy]

Slam dunk for Mars, y?all have been watching too many courtroom dramas.

[gravedigger]

Slam dunk for Mars, y?all have been watching too many courtroom dramas.

Have you never asked yourself why contracts are so tedious, repetitive and obscure? 20 million dollars hung on one word...directs.

Pretty expensive word. At the end of the day it will save OM that much. Of course their inability to use two others will cost them much more....we?re sorry.

[Schultzy]

You’re being too smart by half. In a non- disparagement agreement you can’t say anything derogatory about the other side even if it’s true.

The tediousness of the contract protects both sides and the word “direct” in no way could get either side off the hook if you break the agreement.

[BiscuitEater]

Sorry, but this is the gift that just keeps on giving.

For example .. OM went before the COI and testified that they DID NOT USE BURNER phones. Nutt's suit proved that Bucky and Bjork (+others) used burner phones. Using burner phones is at worse a level 2 violation .. BUT lying to the NCAA COI about using burner phones is a LEVEL 1 violation.

YAHTZEE !!!

[Ezsoil]

[QUOTE=gravedigger;817434]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.



As we are finding out ...cases do not have to get to court to have a an effect on one side or the other... as discovery is a true weapon. I can say i punished anyone who ever sued me... you give them a rectal exam of epic proportions. You deny, delay, and make their life a living hell. You put PI's on everyone....the judge, all the attorney's involved, and that usually uncovers a treasure trove of interesting info. I had a judge who was going through a divorce...I supplied the ex wife with so much info, she was able to change his life.....he deserved it.

[Bully13]

[QUOTE=gravedigger;817434]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.





As we are finding out ...cases do not have to get to court to have a an effect on one side or the other... as discovery is a true weapon. I can say i punished anyone who ever sued me... you give them a rectal exam of epic proportions. You deny, delay, and make their life a living hell. You put PI's on everyone....the judge, all the attorney's involved, and that usually uncovers a treasure trove of interesting info. I had a judge who was going through a divorce...I supplied the ex wife with so much info, she was able to change his life.....he deserved it.

informative. thanks for that. looking forward to your 64th post sir.