I know there have been other threads on this, but I skimmed over the complaint and severance agreement today and had a few thoughts I wanted to share that didn't seem to fit in the other threads. I haven't read through all the NCAA documents on Ole Miss's investigation, so some of this came as news to me, assuming it's accurate. That said, I've read enough complaints to know you can't believe everything you read in a complaint, and I think it will be especially interesting to see the answers to this complaint to see what is really contested by any of the defendants.
It seems pretty clear that at least Matt Wyatt and possibly other journalists have talked with Mars and provided details of what Freeze or Bjork or both told them about Nutt. The allegations in some of those paragraphs don't have the normal disclaimer, "on information and belief" and includes some pretty specific details.
There are numerous references to conversations with the crisis communications firm regarding how to handle PR surrounding the allegations. I don't see any way these communications are likely to be privileged, and I suspect if this suit lasts long enough for discovery to occur, this firm will have its records subpoenaed and the people who handled this matter there are likely to be deposed. Even if most reporters won't be willing to reveal their sources, I don't see a way the people who talked with Bjork and/or Freeze about what to say to the reporters would be able to refuse to say what was discussed.
Ole Miss's breach of contract defense seems like it will have to be based on an argument regarding who is included in the "control group" and therefore required not to disparage Nutt. I think it's likely to be a difficult argument that the AD and head football coach should not be included in that group.
I don't recall seeing any liquidated damages provision regarding breach of the confidentiality provision, which surprised me.
Nutt was paid $8,000,000 (or maybe $6,000,000 - I couldn't read the copied version very clearly) not to coach Ole Miss. I hadn't realized it was that much, and I didn't see anything in the provision offsetting future earnings, though I only skimmed the agreement so it could have been there somewhere.
It seems pretty clear that at least Matt Wyatt and possibly other journalists have talked with Mars and provided details of what Freeze or Bjork or both told them about Nutt. The allegations in some of those paragraphs don't have the normal disclaimer, "on information and belief" and includes some pretty specific details.
There are numerous references to conversations with the crisis communications firm regarding how to handle PR surrounding the allegations. I don't see any way these communications are likely to be privileged, and I suspect if this suit lasts long enough for discovery to occur, this firm will have its records subpoenaed and the people who handled this matter there are likely to be deposed. Even if most reporters won't be willing to reveal their sources, I don't see a way the people who talked with Bjork and/or Freeze about what to say to the reporters would be able to refuse to say what was discussed.
Ole Miss's breach of contract defense seems like it will have to be based on an argument regarding who is included in the "control group" and therefore required not to disparage Nutt. I think it's likely to be a difficult argument that the AD and head football coach should not be included in that group.
I don't recall seeing any liquidated damages provision regarding breach of the confidentiality provision, which surprised me.
Nutt was paid $8,000,000 (or maybe $6,000,000 - I couldn't read the copied version very clearly) not to coach Ole Miss. I hadn't realized it was that much, and I didn't see anything in the provision offsetting future earnings, though I only skimmed the agreement so it could have been there somewhere.
