landmark wrote:Pay the man that ran the program into the ground? Pay the man that had 4 players play all four years for him? Pay the man that had 2 players miss the fall semester due to grades, oh one of whom is your own cousin? SIU's apr dropped like a rock under lowery. clo was no saint i doubt he wants his dirty laundry aired in court
pafan wrote:SIU isn't dumb. If they didn't think they had a case to get off with less than the sum total they owe Lowery (1.5 million or so), they wouldn't have taken this step.
The scenarios:
a) Lowery agrees that he breached the contract with SIU and is owed nothing
b) Lowery attempts to reach a negotiated settlement with SIU
c) Lowery sues. SIU spends 20,000 to 40,000 on their legal fees and the court finds in Lowery's favor; SIU pays a few more thousand dollars for Lowery's legal costs.
d) Lowery sues. SIU spends 20,000 to 40,000 on their legal fees and the court finds in SIU's favor.
In the worst case, SIU pays 2% more to Lowery.
Trapped in CA wrote:landmark wrote:Pay the man that ran the program into the ground? Pay the man that had 4 players play all four years for him? Pay the man that had 2 players miss the fall semester due to grades, oh one of whom is your own cousin? SIU's apr dropped like a rock under lowery. clo was no saint i doubt he wants his dirty laundry aired in court
Yes. Pay him. It may not be the full amount, but negotiate in private at least. It's not about hurt feelings or people flunking classes. Its about contract law.
Unless there is a specific condition of the contract that poor APR performance equals "for cause" its not going to stand up to scrutiny in court. If the contract defines the for cause firings as the usual things: breaking the law, moral turpitude (see Larry Eustachy @ Iowa State or Bobby Petrino more recently), or violation university/NCAA regs, Lowery could present a defamation cause (though it would be a weak argument at this point).
Prom date gets a corsage & dinner regardless of what happens after the dance.
DawgieStyle wrote:of course there is no defense for this in your eyes.
You aren't an alum. of the school, where he destroyed our basketball program, our name, made us a laughing stock in college basketball, and made no commitment to the student part of student athlete.
I get he contract. He had a contract to be the head coach. Sometimes wins don't come. I'm ok with that.
But there is NO! excuse for the academic problems, continual off the court behavioral problems of players, and a horrid player retention problem. Those are on him, and I would completely argue based on those alone, not wins and losses, that he completely violated the terms of his contract.
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