Golden Nugz for 06-19-09
Remember the guy Tubby wanted to hire but the U of Minn rejected the hiring? Jimmy Williams already has a negligent misrepresentation suit against the U but now he also has a suing Tubby, requesting damaages in excess of $50,000.
Williams is alleging fraud and negligent misrepresentation. He said he has been unable to find alternative employment as a coach because of the damage caused by Smith's "false representations of authority."
I am not in his shoes, so I don't know what he is goign through, but it would seem suing the guy who wanted to hire isn't going to help you get a job either. I'm also not a lawyer but it seems like a stretch to me that you can prove that Tubby was fraudulent in this process. And then I get back to if you can't prove it then you get nothing and your chances of landing a job are much slimmer.
- Scout has thier top 10 players from Minnesota. No surprise that Henderson is #1, then in order it is Gjere, Beau Allen, Tobi Okuyemi and Lamonte Edwards to round out the top 5.
- Gopher volleyball has a former Shakopee standout transferring back. Jess Menden (ed note: she's cute click on the link :) ) originally signed with TCU and is coming back to the U.
- I always find this topic very interesting. The interplay between bloggers and traditional media is fascinating and while I was working at Wolves games I would hear a lot of talk about the struggles of the newspaper and traditional media. Always very interesting.
- Finally, Sid tells us that Travis Busch is getting a special waiver from the NCAA and will be allowed to play immediately should he transfer to another D1 school. Busch is heading to Colorado State. I had a dream about seeing Busch and asking him about it, that's all that happened.
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Scout Top 10
Have you noticed that in the Minnesota Top 10 list that when you click on Mark Alt’s name it takes you to JD Pride. I found that very ironic. Plus since Alt is already committed to the U for hockey, why does it not show that he is a commit.
nice catch
what you say here can, and will, be used against you
by GopherNation on Jun 19, 2009 9:24 AM CDT up reply actions
The basis for the negligent misrepresentation claim against Smith
is pretty simple. I’m guessing Williams is alleging that Tubby either should have known or had a duty to find out whether he could hire Willams before he made a job offer. If Williams proves that, well, he hasn’t gotten a job so damages are there. This isn’t as frivolous a claim as you might think. I’ve won on the claim in the past, and if I were representing Williams, Tubby is one of the people you just have to sue, unfortunately.
At the very least, this is good lawyering. You bring in every party who could allegedly be liable, you go through discovering the facts of the lawsuit, and then you either settle or bring it to trial. My guess is this settles – the U doesn’t want to pay for a $150,000 trial. It will be much cheaper for the taxpayer and the U to give this guy one year’s pay and move on.
I wasn't trying to imply it is frivolous
but it is short sighted. If he had trouble getting a D1 job prior to this, it will be near impossible now.
what you say here can, and will, be used against you
by GopherNation on Jun 19, 2009 9:24 AM CDT up reply actions
Williams case
The U does not stand a chance on this case. They need to settle and get this off the news wire for Tubby’s sake. The fact pattern here is a classic case of promissory estoppel. You cannot induce someone to resign from their job and then withdraw the enticement. Williams does not have any illusions of getting another basketball job so he is looking at this lawsuit as his bread and butter. His lawyer will be asking for damages of 200K per year until retirement. I doubt a Minnesota jury would award that kind of money for a case like this. Maybe in Chicago. Definitely in New Jersey.
I guess people can sue anybody for anything these days
This is disgraceful; Williams will garner no respect from this. Just be a man and switch careers like what the majority does at some point in their lives…
"If we got to we're going to crawl in this locker room. And on our back is going to be an axe..."
You mean....
…someone shouldn’t be able to sue when they act in reliance on another person’s promise, and then that other person withdraws the promise and you’re left s.o.l.? Like Garrick said, this is a scenario that is taught to law students in the third week of their first year of law school.
But he shouldn’t get unlimited damages, they should limited to the reasonable expected earnings, reduced by his reasonable efforts to mitigate his damages. He won’t get a lot, but he’ll get enough to make it worth bringing the lawsuit.
My bad.
I didn’t see that he was coerced to resign at first. It still feels wrong, though, that he would go after Tubby even though he meant well. I’m perfectly fine with Williams going after the university, but going after the man who was only trying to help you is just… wrong..
"If we got to we're going to crawl in this locker room. And on our back is going to be an axe..."
A Suggestion
I think TDG should have more coverage of Gopher Volleyball. Pictures, write-ups, and pictures would be greatly appreciated.
by WhiteSpeedReceiver on Jun 19, 2009 11:13 AM CDT reply actions
can I include some pictures too?
what you say here can, and will, be used against you
by GopherNation on Jun 19, 2009 12:41 PM CDT up reply actions
Smiley
I wish I went to Smiley High School…..uh, I think’s Simley, Scouts.
by HutchLeaderGuy on Jun 19, 2009 12:11 PM CDT reply actions
Forgot
I can confirm that Menden is a hottie. Seen her play for Shakopee a bunch.
by HutchLeaderGuy on Jun 19, 2009 12:11 PM CDT reply actions
Maybe she'll need to come over to the TDG offices for an interview
what you say here can, and will, be used against you
Busher at #8
I see they have Max Busher from Rosemount at #8 – funny thing there is I’d consider Zach Vraa the best upcoming senior on the team. Maybe it’s because Vraa plays a lot flashier position (WR) but he was outstanding last year and he was probably the best player on the basketball team too.
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