That type of threat should do wonders for the settlement value of the suit.

Though it was more about liquidated damages. There might be some stuff in the ruling though as they did discuss the permission seeking elements.

http://openjurist.org/174/f3d/751/vanderbilt-university-v-gerry-dinardo

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"Culture of violation" reference. Yes, the Titans' attorneys framed it all in terms of the contract issue. But that phrase may raise some hackles, because it could lead to some interesting deposition subjects -- you know, to prove the "culture of violation" of which the Pola incident was part.

In that case, at least in CA, wrongful conduct is not an independent element of the tort -- as would be the case, for example, on a claim of interference with prospective economic advantage (where no breach is induced).

There still would be an affirmative defense that the conduct falls within the competition privilege, but USC and Kiffin would bear the burden of proof on this. And Kiffin's decision not to tell Fisher until after the fact could harm such a defense, at least in a jury's eyes.

Not too shabby and a pretty good safeguard against dui.

My quick take on these cases is they're always hard to prove, and particularly so when the interferer -- even if acting ruthlessly -- was focused on a business advantage for itself, and not hurting the other guy.

If the innocent side's injury is just the fallout from a self-interested move, these claims are tough to pursue.

ducking so that the cameras wouldn't get his name and number for the poster.

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The bar varies from state-to-state, but I think I remember finding CA's was on the tougher end of the spectrum.

Specifically, if the interferer had a legitimate business justification for interfering -- other than, for example, to spite Jeff Fisher or screw the Titans -- you may not win. Because SC and the Titans aren't competitors, that can also make it tough.

Pola himself may be screwed, however.

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I doubt this will actually materialize to much, but it's still awesome.

And I'd imagine they have to act simply due to the complexities of protecting a staff from other pro organizations, let alone the Kiffin contingency.

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11. Pola agreed in paragraph 11(c) of the Pola Contract that he would not "under any circumstances solicit discussions or entertain employment with any other person or entity during the Term unless...given written permission to do so by [Tennessee Football] or by the Commissioner in accordance with NFL Rules," and that "[v]erbal consent is inadequate." Pola Contract, para. 11(c)
12. Pola was not given express written consent by Tennessee Football or the Commissioner of the NFL to entertain employment with any other entity.

I'm only about to be a first year law student, but that seems pretty damn indefensible.

http://aolradio.podcast.aol.com/fanhouse/SDOC5914.pdf

I have no knowledge. And I wonder whether, if it is not signed by a week from tomorrow, it will not ever be signed. It seems to me that foregoing that signing would be a decent way for the university to settle the suit with the Titans, though it would still leave the head coach on the hook.

Which is to say, Heisman Trophy winner Mike Garrett better move fast if he wants to make sure his alma mater will have their RB coach this fall.

Did Lane lie?

Noooooooooooooo

...if any more details come out about the whole Dillon Baxter fiasco.

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Tennessee Titans sue Lane Kiffin, Southern Cal

The Titans on Monday filed a lawsuit against the University of Southern Cal and head coach Lane Kiffin for "maliciously" interfering with the contract of running backs coach Kennedy Pola.

The lawsuit was filed in Davidson County Chancery Court and it claims Pola breached his contract with the Titans after being induced by Kiffin. Pola, hired by the Titans in January, was hired by USC over the weekend as the school's new offensive coordinator.

http://www.tennessean.com/article/20100726/SPORTS01/100726032/Tennessee+Titans+sue+Lane...