Ole miss suing former players

Dawgzilla2

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They arent the first school to try it, but I dont think any of the cases have been decided yet. Some have settled. The idea is to test the viability of these contracts, and deter other players from skipping out.

Heck, Cincinnati sued Sorsby....gotta think they have dropped that suit since they weren't damaged after all
 
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GloryDawg

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Ole Miss judge and a ole miss county. They got a good chance, but LSU will lawyer up those two players and it will be appealed to a higher court. Probably be a year or two then they will settle for less.
 
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Drebin

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patdog

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Ole Miss judge and an ole miss county. They got a good chance, but LSU will lawyer up those two players and it will be appealed to a higher court. Probably be a year or two then they will settle for less.
Honestly I don’t think it will be settled for less. Any appeals would be in Mississippi courts anyway. And I think it’s probably a slam dunk case for UMiss anyway. You sign a contract, take the money & then walk away to go work for the competition 2 weeks later. It is kind of funny that now UMiss has an issue with it. It’s ok if a players leave Clemson under very similar circumstances.
 

FormerBully

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What keeps Clemson from suing them now? I talked to some in the know at Ole Miss yesterday and they told me the University wanted to avoid this, but fan voices had gotten to loud.
 

TheDawg-Pound

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Honestly I don’t think it will be settled for less. Any appeals would be in Mississippi courts anyway. And I think it’s probably a slam dunk case for UMiss anyway. You sign a contract, take the money & then walk away to go work for the competition 2 weeks later. It is kind of funny that now UMiss has an issue with it. It’s ok if a players leave Clemson under very similar circumstances.
It'll be interesting to see if Clemson does the same thing. LSU will likely just pay it and take it out of the pot. No big deal for them. At least UM has an idea of how to handle it once it does go the other way for them (Clemson)
 

Dawg1976

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So they’re fine with poaching a player who signed and enrolled with another school but are suing when someone does basically the same to them. 🤦
 
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johnson86-1

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Honestly I don’t think it will be settled for less. Any appeals would be in Mississippi courts anyway. And I think it’s probably a slam dunk case for UMiss anyway. You sign a contract, take the money & then walk away to go work for the competition 2 weeks later. It is kind of funny that now UMiss has an issue with it. It’s ok if a players leave Clemson under very similar circumstances.
I think recovering any money paid will be easy. But they are asking for essentially liquidated damages. I'm not sure what the amounts are compared to the contract value, but that's no different in concept than coaches having buyout clauses in their contract. You can't demand specific performance (and probably wouldn't want it from a coach that wants to leave), and you can't really quantify how much you are damaged by them leaving. Just going to be a question of whether the amount is unreasonably large. I personally would think you could justify the entire value of the contract. There is such a limited amount of time to pursue transfers. If you sign somebody and you stop trying to fill that role, and they skip out, that leaves you in a hell of a bind when you're talking about a win or two being the difference of millions of dollars for the program potentially. But not sure other people would agree.
 
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bolddogge

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Here It Is Reese Witherspoon GIF
 

Dawgzilla2

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It'll be interesting to see if Clemson does the same thing. LSU will likely just pay it and take it out of the pot. No big deal for them. At least UM has an idea of how to handle it once it does go the other way for them (Clemson)
If LSU pays it, it counts against LSU's revenue sharing cap. Not a huge deal since the collective doesnt have a cap, but it changes their math on NIL.

But, Im a little surprised UMiss didnt sue LSU and Kiffin for tortious interference....although there is enough bad blood there already. And suing another SEC school is probably frowned upon.

None of us have read the contracts, so we dont know the actual terms. But, given the open transfer policy the NCAA agreed to in an antitrust settlement, there is a serious legal question whether any multiyear contract with a player is enforceable.

This will settle, and the players will likely get a bump in their NIL that is in NO WAY related to whatever money they spend fighting the suit.
 
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This is just the logical extension of NIL. If you have players under contract and they breach, you sue them for damages. Every school will do this. Except probably State, because litigation involves lawyers, which a lot of our fan base somehow can't separate from Ole Miss.
 

Dawgzilla2

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I think recovering any money paid will be easy. But they are asking for essentially liquidated damages. I'm not sure what the amounts are compared to the contract value, but that's no different in concept than coaches having buyout clauses in their contract. You can't demand specific performance (and probably wouldn't want it from a coach that wants to leave), and you can't really quantify how much you are damaged by them leaving. Just going to be a question of whether the amount is unreasonably large. I personally would think you could justify the entire value of the contract. There is such a limited amount of time to pursue transfers. If you sign somebody and you stop trying to fill that role, and they skip out, that leaves you in a hell of a bind when you're talking about a win or two being the difference of millions of dollars for the program potentially. But not sure other people would agree.
Seems like they would have a liquidated damages/buyout clause, and just negotiate from there, but I have no idea.

I dont see their damages as huge. These are NIL contracts, not employment agreements, and that creates a problem for the schools. Unlike the collective deals, the schools are vastly over paying for NIL they are barely using, if it all. Its a sham, created to avoid calling the students employees, and it should bite the schools in the ***.

UMiss got the NIL value it bargained for in the 2025 season. Having to shop for replacement transfers is not particularly taxing, but they might put a price on it. I suppose they could argue that having players skip out somehow diminishes the value of their media contracts....but, really? In this environment?
 

maroonmania

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Question:

Does this mean they’re inviting Clemson to sue one of their players?
Would seem Clemson has a path to sue both the player and Ole Miss since Golding supposedly directly contacted the player in question to entice him away to OM after Clemson had an agreement signed and in place and the player had already started attending class at Clemson.
 

ZombieKissinger

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I hope there’s an industry standard percentage or acceptable clause with a percentage range for this sort of thing that becomes use routinely in contracts. There’s a real cost if you think you lock someone down and then have to go find a replacement. Punitive fee should be worked into the percentage to deter it. If every school took the same approach, that could be factored into the NIL deals of the new school and effectively serve as a buyout
 

Called3rdstrikedawg

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Would seem Clemson has a path to sue both the player and Ole Miss since Golding supposedly directly contacted the player in question to entice him away to OM after Clemson had an agreement signed and in place and the player had already started attending class at Clemson.
Wait! What? Are you saying professional college athletes attend classes? Pish Posh!
 
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patdog

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It'll be interesting to see if Clemson does the same thing. LSU will likely just pay it and take it out of the pot. No big deal for them. At least UM has an idea of how to handle it once it does go the other way for them (Clemson)
LSU has said they're not a party to any contract between the players and Mississippi and they're not paying. Of course, that's not to say they might not pay it tomorrow.
 

$altyDawg

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Yeah, let's let the lawyers and Congress fix college sports! Doesn't take Nastradamus to see how this will turn out. money.gif
 

patdog

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I think recovering any money paid will be easy. But they are asking for essentially liquidated damages. I'm not sure what the amounts are compared to the contract value, but that's no different in concept than coaches having buyout clauses in their contract. You can't demand specific performance (and probably wouldn't want it from a coach that wants to leave), and you can't really quantify how much you are damaged by them leaving. Just going to be a question of whether the amount is unreasonably large. I personally would think you could justify the entire value of the contract. There is such a limited amount of time to pursue transfers. If you sign somebody and you stop trying to fill that role, and they skip out, that leaves you in a hell of a bind when you're talking about a win or two being the difference of millions of dollars for the program potentially. But not sure other people would agree.
Good point. But I don't think it matters. The school says they're suing for the amount the contract calls for the players to pay if they don't fulfill the contract. So yeah, could be no different than a coach's buyout which are all routinely paid and 100% enforceable in the courts if they weren't.
 

Drebin

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It'll be interesting to see if Clemson does the same thing. LSU will likely just pay it and take it out of the pot. No big deal for them. At least UM has an idea of how to handle it once it does go the other way for them (Clemson)
Why would LSU pay it? Ole Miss has to claw it back from the players.
 
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Dawgzilla2

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Good point. But I don't think it matters. The school says they're suing for the amount the contract calls for the players to pay if they don't fulfill the contract. So yeah, could be no different than a coach's buyout which are all routinely paid and 100% enforceable in the courts if they weren't.
It matters. A liquidated damages or buyout clause generally has to be a reasonable estimate of the actual damages to be enforceable. (Im not licensed in MS, and dont know the details of MS contract law).

Without knowing all the facts, $1 MM sounds excessive.
 

Dawgzilla2

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Why would LSU pay it? Ole Miss has to claw it back from the players.
LSU convinced the players to leave UMiss, and at least has an interest in the financial impact to them in making the jump. They want their players to be happy with their decision.

LSU says they aren't paying, but maybe the Collective could just slide them a bump in their NIL deal. A move like that might technically violate the revenue sharing rules, but I'm starting to think I don't know how any of this works.
 
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patdog

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It matters. A liquidated damages or buyout clause generally has to be a reasonable estimate of the actual damages to be enforceable. (Im not licensed in MS, and dont know the details of MS contract law).

Without knowing all the facts, $1 MM sounds excessive.
With the reported amounts of NIL contracts, I think $1MM for two key players a team was counting on breaking a contract and leaving right at the end of the transfer portal period is probably more than reasonable. Especially in a Lafayette County court or up to the Mississippi Supreme Court.
 

Chesusdog

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It'll be interesting to see if Clemson does the same thing. LSU will likely just pay it and take it out of the pot. No big deal for them. At least UM has an idea of how to handle it once it does go the other way for them (Clemson)

LSU can always steal from the children's hospital again if they need more money.
 
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DerHntr

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I hope OM gets a terrible reputation for this and it hurts them in recruiting. I also hope it leads to contracts with players where the players don’t hold all of the dang cards
 

JackReacherDawg

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I think recovering any money paid will be easy. But they are asking for essentially liquidated damages. I'm not sure what the amounts are compared to the contract value, but that's no different in concept than coaches having buyout clauses in their contract. You can't demand specific performance (and probably wouldn't want it from a coach that wants to leave), and you can't really quantify how much you are damaged by them leaving. Just going to be a question of whether the amount is unreasonably large. I personally would think you could justify the entire value of the contract. There is such a limited amount of time to pursue transfers. If you sign somebody and you stop trying to fill that role, and they skip out, that leaves you in a hell of a bind when you're talking about a win or two being the difference of millions of dollars for the program potentially. But not sure other people would agree.
You'd think they'd use a bonding company or something so all this could be handled by a 3rd party, keeping their image a bit cleaner.

I expect thats what it will move to. NIL players will have to hold a bond or insurance against breaking the contract. School gets a payout from the insurance bond holder, who takes action against the player for recovery.
 

Walkthedawg

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If LSU had a lick of sense... they would put these players on every news outlet they can with frowning faces and someone on a microphone going on about "these kids are being sued for trying to pick themselves up out of poverty and helping their poor disadvantaged families out of poverty... and .... and.... and... and.....".
 
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