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Posted by ukcatfannfl (Member # 1425) on 05-27-2009, 05:29 PM:

Bayer et al - read this and give us your opinion of the legallity of Billy's document and UK

[link]

Welcome to Big Blue Law 101

Today class, we try to figure out exactly what a memorandum of understanding is.This is an important lesson as we must decide whether or not the UKAA owes Billy Gillispie $6 million plus damages. So, pay attention:

What is a Memorandum of Understanding?

______________________________________________

For example - I would deal in MOU's with foreign countries until a treaty (or formal contract) could be acted on for the senior leadership of a country. i.e. satellite coverage for all 26 countries during the 1st gulf war. These mou's we very much binding do each ally. etc etc

Just curious as to other posters take!

How much do we owe Billy? [Frown]

[ 05-27-2009, 05:34 PM: Message edited by: ukcatfannfl ]

Posted by bayer (Member # 462) on 05-27-2009, 06:13 PM:

The short answer is a Memorandum of Understanding is just as binding as a contract provided both parties have executed the doument. In fact, in the business world people often use a MOU in place of a more detailed contract.

I think the issue that will be debated in the lawsuit it whether or not both parties acted in good faith to move toward the more formal contract.

One side matter, if you will recall the attorney for Coach G said about two years ago the reason his client (Coach G) had not signed a more detailed contract was related to a disagreement over the language regarding what circumstances UK could discharge his client with pay or without pay. Looks like he nailed that one. So, now the parties get to litigate what they did agree to.

[ 05-27-2009, 06:14 PM: Message edited by: bayer ]

Posted by casedog (Member # 1436) on 05-27-2009, 06:26 PM:

I thought they reached a settlement. What happened?

Posted by m hamilton (Member # 127) on 05-27-2009, 08:32 PM:

BCG is ready to start getting some media attention!

Posted by LouisvilleCat (Member # 2679) on 05-27-2009, 11:54 PM:

quote:
Originally posted by casedog:
I thought they reached a settlement. What happened?

I thought it was that UK offered a settlement but BCG declined that offer and now it is moving to the courts.

My two main questions: Did BCG default on the terms of the MOU when he either canceled or just did not show up for speaking engagements like the Rotary Club? Also, if BCG did break the MOU by not making appearances, doesn't that give UK the right to pay less money for his services?

Posted by viperz (Member # 289) on 05-28-2009, 01:47 AM:

Gillispie must figure he's never getting another big gig if he's pursuing this course. He looks worse and worse with each passing day.

Posted by CatfanRick (Member # 126) on 05-28-2009, 02:02 AM:

Just Listed! Billy Gillispie’s house

Gillispie has put his house up for sale.

Posted by MountainMafia (Member # 2066) on 05-28-2009, 05:50 AM:

Viperz:

quote:
Gillispie must figure he's never getting another big gig if he's pursuing this course. He looks worse and worse with each passing day.

The lawsuit almost guarantees he will not get another gig anytime soon....employers don't like disgruntled employees. However, he must feel as though he has a pretty good chance of winning, otherwise why jeopardize any future employment opportunities.

Posted by casedog (Member # 1436) on 05-28-2009, 05:58 AM:

From what I've read (I'm no lawyer, though I did stay at a Holiday Inn Express last night!) Gillispie will likely win the suit but I agree, his major college coaching career is over.

If current rumors as to his behavior are correct, perhaps he doesn't even care.

Posted by catmandoo (Member # 1284) on 05-28-2009, 09:21 AM:

This is the problem with our judicial process. There are so many loop holes in the law. In this case why even have contracts?.... Just have MOU's. We have far to many laws that are so vague and it makes it great for lawyers.

Lawyers are going to make fortunes off this mess and until we clean up the laws and system for interpreting them you can bet situations like this will continue.

Posted by bayer (Member # 462) on 05-28-2009, 09:26 AM:

Look, the issue on the MOU is whether it was intended to be a long term contract or a year to year contract which was renewable or voidable at the option of either party. Coach G will argue long term, UK will argue year to year.

Posted by catlogic15 (Member # 1227) on 05-28-2009, 09:33 AM:

In the CJ story this morning, it states Clyde lives in Texas now.

Posted by Atlanta Cat Fan (Member # 1746) on 05-28-2009, 03:24 PM:

quote:
Originally posted by catmandoo:
This is the problem with our judicial process. There are so many loop holes in the law. In this case why even have contracts?.... Just have MOU's. We have far to many laws that are so vague and it makes it great for lawyers.

If there had been a contract in this case, it would have filled in many of the ambiguities in the memorandum of understanding. Personally, it is my practice not to enter into anything enforceable over the long term until the real contract is done. We use non-binding letters of intent to describe the big terms we intend to incorporate in the future but make clear that they are not enforceable until incorporated into a real agreement.

Posted by Atlanta Cat Fan (Member # 1746) on 05-28-2009, 03:26 PM:

quote:
Originally posted by casedog:
If current rumors as to his behavior are correct, perhaps he doesn't even care.

If the rumors are true, UK may try to use them as a defense to the contract by arguing he breached the contract himself (either through his treatment of students and staff or through his refusal to do certain things that the UK folks believed were part of his job description). Haven't seen that yet and maybe UK doesn't want to air the dirty laundry, but I would sure threaten Coach G with that possibility if he wasn't willing to talk settlement of the claim for something less than what I thought was a reasonable number.

Posted by bayer (Member # 462) on 05-28-2009, 03:30 PM:

As I poiinted out earlier, this discharge is exactly the reason Coach G's attorney was holding out on the formal contract. He wanted language spelling out the reasons for which Coach G could be discharged with pay and/or without pay.