PERHAPS ONE of our many fine lawyers in Charleston can set me straight.
PERHAPS ONE of our many fine lawyers in Charleston can set me straight.
But it seems the latest move in the Rich Rodriguez-WVU lawsuit has little more significance than the school's prior move to pay the coach $287,000 owed in bonuses and incentives.
In laymen's terms, it's just good old-fashioned posturing.
Rodriguez's lawyers filed a $1.5 million letter of credit with the U.S. District Court in Clarksburg and called it a "gesture of good faith.''
Um, yeah. Sure. The same "good faith'' WVU had when it shipped off the $287K.
The sides are simply covering their butts in a high-stakes game.
As anticipated, the letter of credit was met with a yawn from WVU's lawyers. The school has taken the stance that Rodriguez owes $4 million - not a penny less. In fact, the university wants a little extra for fees because of what it calls a wrongful move from Monongalia Circuit Court to the U.S. District Court.
When reached Tuesday, WVU lawyer Jeff Wakefield wanted to make sure his side's objective was crystal clear.
"There have been erroneous reports that we are in negotiations [with Rodriguez],'' Wakefield said. "I can state we are not in negotiations.
"It's $4 million.''
As we know, it's a nasty case. But, at least from this perspective, it's also fascinating. For instance, Rodriguez's lawyer Marv Robon said in order for the school to win the full $4 million the coach would have to lose every element of his arguments.
Interesting. My understanding was the school simply had to show it was damaged by $4 million. (Heck, the school might have lost that in ticket and television revenue when blue-chip recruit Terrelle Pryor said adios.)
I'll also be interested to see what part, if any, Shredder-gate plays in this case. When reached Tuesday afternoon, WVU athletic director Ed Pastilong said the investigation still hasn't concluded.
He said the school's legal department and the Department of Public Safety have been handling the affair and there's "nothing to report at this time."
What about Rodriguez's claim he had a secret deal with WVU president Mike Garrison? Will we have a "he-said; he-said'' showdown? Will it be a "push?'' Or will the light be cast poorly on one? What reaction will we see if that's Garrison?
PERHAPS ONE of our many fine lawyers in Charleston can set me straight.
But it seems the latest move in the Rich Rodriguez-WVU lawsuit has little more significance than the school's prior move to pay the coach $287,000 owed in bonuses and incentives.
In laymen's terms, it's just good old-fashioned posturing.
Rodriguez's lawyers filed a $1.5 million letter of credit with the U.S. District Court in Clarksburg and called it a "gesture of good faith.''
Um, yeah. Sure. The same "good faith'' WVU had when it shipped off the $287K.
The sides are simply covering their butts in a high-stakes game.
As anticipated, the letter of credit was met with a yawn from WVU's lawyers. The school has taken the stance that Rodriguez owes $4 million - not a penny less. In fact, the university wants a little extra for fees because of what it calls a wrongful move from Monongalia Circuit Court to the U.S. District Court.
When reached Tuesday, WVU lawyer Jeff Wakefield wanted to make sure his side's objective was crystal clear.
"There have been erroneous reports that we are in negotiations [with Rodriguez],'' Wakefield said. "I can state we are not in negotiations.
"It's $4 million.''
As we know, it's a nasty case. But, at least from this perspective, it's also fascinating. For instance, Rodriguez's lawyer Marv Robon said in order for the school to win the full $4 million the coach would have to lose every element of his arguments.
Interesting. My understanding was the school simply had to show it was damaged by $4 million. (Heck, the school might have lost that in ticket and television revenue when blue-chip recruit Terrelle Pryor said adios.)
I'll also be interested to see what part, if any, Shredder-gate plays in this case. When reached Tuesday afternoon, WVU athletic director Ed Pastilong said the investigation still hasn't concluded.
He said the school's legal department and the Department of Public Safety have been handling the affair and there's "nothing to report at this time."
What about Rodriguez's claim he had a secret deal with WVU president Mike Garrison? Will we have a "he-said; he-said'' showdown? Will it be a "push?'' Or will the light be cast poorly on one? What reaction will we see if that's Garrison?
What I find most fascinating, though, is the gambling involved.
Whether WVU fans want to admit it or not, the school is throwing the bones here. By not settling, it's betting there won't be any long-term effects. One lawyer I spoke to wondered if the lawsuit would put up "roadblocks to moving forward.'' Why run a mile, especially when you have to pay for every step, when you can jump a cab?
The view from here though is Rodriguez is at most risk. Again, I'm not lawyer, but what if the coach loses? Not only will he pay $4 million, but also the penalties - the late fees, if you will.
Also, word on the street is lawyers aren't cheap. Can Rodriguez afford to lose?
Perhaps Rodriguez's agent has Robon working on a contingency basis. If, for example, Robon gets the deal reduced by $2.5 million, the lawyer gets $500,000. But what if the deal doesn't get reduced?
And OK, let's say Michigan wants to help bail out Rodriguez and give him money for the buyout. Wouldn't the coach be harshly taxed for that income? One expert said under certain circumstances Rodriguez could get a tax reduction, but he would never reach the point where he wouldn't have to pay more taxes.
Then, of course, there's Robon's argument the court could find Rodriguez was the one mostly harmed and entitled to damages.
Now that would be really fascinating.
nnn
ESPN reporter George Smith and crew spent Tuesday in Charleston conducting interviews for a segment on the Rodriguez situation. They are headed to Morgantown today.
"We're doing a piece that will first air on Outside the Lines and then probably SportsCenter too,'' Smith said. "The target date is Feb. 17.''
Smith and company interviewed WVU fans and alumni, as well as media covering the events, in Charleston.
"We're essentially taking a look at the fallout," Smith said. "It's a hot topic; an ugly divorce. We're showing the passion.''
Smith said Rodriguez has agreed to be interviewed for the piece. He was unsure whether WVU officials would participate.
To contact sports editor Mitch Vingle, send e-mail to mitchvin...@wvgazette.com or call 48-4827.
Post a comment