Lawyers... Weigh In

21,025 Views | 105 Replies | Last: 1 yr ago by 1876er
WdlsAg
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Tortious Interference by Austin and Detrimental Reliance on Schloss's part in of what would have been very lucrative $$$ had there been a Natty! Alunni donations, merchandise, etc. etc. etc. The damages are real.

The fact that A&M was in the final, up 1-0, makes it highly probable that they were on pace to win.
The fact that the deal was in place weeks before means he breached a duty of loyalty, best interest, and avoidance of conflicts of interest. He didn't fulfill a duty of good faith. He failed to withdraw himself and notify the university that he was no longer fit for the legal responsibilities at hand. As part of the employment contract, A&M relied upon him to fulfill his duties to the fullest.

In his role, Schloss had a legal duty to steward the University's resources. A coach of a winning program on the path to the natty is at the center of an event worth millions for the university and millions for the city.

This was severely breached!

There was motive to avoid winning by Schloss and staff after they committed to TU because it would have made their new job more difficult.

Put it in front of a jury in Brazos County... explain the economic damages to the University and the City and see what happens.
BudFox7
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Save you some time. Although entertaining, nothing will happen to anyone.
Wabs
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BudFox7 said:

Save you some time. Although entertaining, nothing will happen to anyone.
PaulsBunions
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BudFox7 said:

Save you some time. Although entertaining, nothing will happen to anyone.


I don't see why it's not worth a discussion
barbacoa taco
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considering coaches leave positions for other schools all the time, there's no case here. now if it can be proven that he was actively recruiting for Texas while employed by A&M, that's a breach of contract situation
BaseballAggie13
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PaulsBunions said:

BudFox7 said:

Save you some time. Although entertaining, nothing will happen to anyone.


I don't see why it's not worth a discussion


I agree. I'd like to hear what an attorney thinks about this.
TheBonifaceOption
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barbacoa taco said:

considering coaches leave positions for other schools all the time, there's no case here. now if it can be proven that he was actively recruiting for Texas while employed by A&M, that's a breach of contract situation

What would you call recruiting while wearing maroon and already having dry ink with Austin?
panhandlefarmer
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Some of you people run after you get punched in the face.
WdlsAg
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barbacoa taco said:

considering coaches leave positions for other schools all the time, there's no case here. now if it can be proven that he was actively recruiting for Texas while employed by A&M, that's a breach of contract situation

"Coaches leave all the time"... but this situation was unprecedented... not with his team in the Natty, not with the ability to throw the game, when winning directly makes the new job harder. Coaches get paid millions because they influence the ability to move millions! He should have avoided new job discussions until after the season or withdrawn from his current position when he could no longer fulfill his duties. It wasn't just pride on the line, millions of dollars were at stake to the university and city.
Captn_Ag05
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Not happening, not even worth discussing.

Now, if you have receipts on him sexually harassing or sending unsolicited nude pictures to students then there might be complete PR nightmare for him and his new program.

Otherwise all this other stuff is just noise.
Gigem_94
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If you sue then you are telling all prospective coaches that they may get sued too in the future. They won't take this job.
twk
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I can save you time for another reason: sovereign immunity. You won't get anywhere trying to sue a subdivision of the state of Texas. Ask the late Mike Leach.

FOIA requests and such, OK. But the idea of any kind of tort claim is a complete waste of time. Forget about it.
AggieBill005
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And this may prove to be true with the burner phone story. Will be interesting to see.
ChubbyHubby
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PaulsBunions said:

BudFox7 said:

Save you some time. Although entertaining, nothing will happen to anyone.


I don't see why it's not worth a discussion


Because Schloss and the horns are not dumb, nothing was signed and official until the day after the season ended. This literally happens all the time in coaching hires
well_endowed_ag
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If anybody has a copy of Schlossnagle's A&M contract, link me to it and I'll do an analysis of it.
Drum5343
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TheBonifaceOption said:

barbacoa taco said:

considering coaches leave positions for other schools all the time, there's no case here. now if it can be proven that he was actively recruiting for Texas while employed by A&M, that's a breach of contract situation

What would you call recruiting while wearing maroon and already having dry ink with Austin?
This is such a big deal to me. You're telling me it's possible for Schloss to actively look out for the best interests of Texas A&M Baseball while he is employed there in name only? It would be one thing if he was headed somewhere like Oregon or Ohio State. But the Aggie team he was supposedly trying to build would be playing against him in the coming year. Cannot convince me he would be able to put that professional conflict of interest aside.
kharrell
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So are you guys saying you have to quit your current job before negotiating for a new job? That's not how life works.
TAMUallen
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I tried to get aggiehawg to weigh in but that thread, posted first on politics got bumped here and I think it got erased or buried because the amount of threads has been insane
twk
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well_endowed_ag said:

If anybody has a copy of Schlossnagle's A&M contract, link me to it and I'll do an analysis of it.
It's got a buyout provision contemplating him taking a new job.
Stringfellow Hawke
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kharrell said:

So are you guys saying you have to quit your current job before negotiating for a new job? That's not how life works.
Let us all know how it works to utilize current company resources to find a new job.
Albatross Necklace
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kharrell said:

So are you guys saying you have to quit your current job before negotiating for a new job? That's not how life works.
Typically when you leave your current job for a competitor, you notify your current employer and they will likely escort you out of the building due to conflict of interest and to prevent potential sabotage.

In this instance, the conflict of interest was not disclosed until after he failed his objective, which leads to speculation if it was intentional sabotage.
NorCal
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twk said:

I can save you time for another reason: sovereign immunity. You won't get anywhere trying to sue a subdivision of the state of Texas. Ask the late Mike Leach.

FOIA requests and such, OK. But the idea of any kind of tort claim is a complete waste of time. Forget about it.


I'd think the lawsuit would be against the individuals (coaches) and possibly could include CDC and t.u. As for sovereign immunity, I don't know if that would cover a specific remedy that prevents the coaches from working at t.u. due to their conduct for t.u. while employed at A&M.
1939
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This isn't about a lawsuit with damages as much as NCAA violations. It would be great if we could get him hit with penalties and even a suspension or ban from the NCAA. If he has been recruiting players to tu while still employed by A&M he needs to be hit with a hammer.
Lola68
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You don't sue tu, you sue schloss. If he's all about the money, take it from him. At least what A&M paid him.
TAMUallen
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1939 said:

This isn't about a lawsuit with damages as much as NCAA violations. It would be great if we could get him hit with penalties and even a suspension or ban from the NCAA. If he has been recruiting players to tu while still employed by A&M he needs to be hit with a hammer.


It is 100 percent about a lawsuit for breaches and damages.

The NCAA is secondary and just a cherry on top
Serious Lee
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twk said:

I can save you time for another reason: sovereign immunity. You won't get anywhere trying to sue a subdivision of the state of Texas. Ask the late Mike Leach.

FOIA requests and such, OK. But the idea of any kind of tort claim is a complete waste of time. Forget about it.
i mean, baylor tried this with alot, ALOT more $$$ at stake. how did it work out for them?
houag80
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Why don't we ask Buzzbe his opinion?
1939
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What law was broken? coaches leave all the time.
TexasRebel
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well_endowed_ag said:

If anybody has a copy of Schlossnagle's A&M contract, link me to it and I'll do an analysis of it.


Are contracts with Texas A&M not public information?
TAMUallen
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1939 said:

What law was broken? coaches leave all the time.


Are we talking the same thing here?

tu officially fires coach the day of our national championship game. Less than 24 hours later, they hire our coach who chastised a reporter who asked him about leaving.

Coaching contracts and leaving for a rival, where your friend is the AD, don't suddenly happen in less than 24 hours after losing the national championship
TexasRebel
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Lola68 said:

You don't sue tu, you sue schloss. If he's all about the money, take it from him. At least what A&M paid him.


…and the damages he caused while "working" against his own future.
Drum5343
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kharrell said:

So are you guys saying you have to quit your current job before negotiating for a new job? That's not how life works.


Is it ethical or legal for the CEO of a large company to secretly work deals out with that company's biggest competitor? Especially ones that will have large negative impacts on his current employer?
agnerd
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Next question does any of it matter? He went from being an employee of the State of Texas to being an employee of the State of Texas. Seems like that might give him immunity for ANYTHING he did that isn't an NCAA violation.
2thFixinAg
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The team was one was run away from Tieing the game in the ninth. In the last game
Of the season.

Good luck
Proving he didn't do his job.


Seriously. Have people lost their mental abilities?

It happens. It sucked. Move on.

Quit letting it traumatize you. Then those d!cks really win.
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