Rich Rodriguez (official thread)

[LightningRod]

The offer doesn't surprise me. This case is being fought in the press as well as in the courts. Each side is attempting to get its story out in the media to the potential jurors that its position is the correct position. The defense team is probably trying to mitigate if not eliminate prejudgment interest and cost assessments in case it loses. Good faith offers to settle are taken into account when deciding these matters post verdict.

Addressing the federal court's jurisdiction, RR's lawyers missed the boat on the removal petition. Because the nature of this case does not involve the constitution, laws or treaties of the US, the federal court's jurisdiction is proper only if RR can prove (he bears the burden of proof on this issue) that the lawsuit involves Citizens of a State against Citizens of another State (otherwise known as diversity of citizenship jurisdiction). RR's attorneys did not set forth an affirmative statement in he removal petition that RR was a citizen of Michigan when he was served with process. The other problem with federal jurisdiction in this case is that a State and its alter ego is not considered a Citizen for purposes of determining this diversity of citizenship jurisdiction. There are a few 4th Circuit opinions holding that state universities are alter egos of a state for diversity purposes. I would expect a ruling on this issue in a few weeks, especially if the judge is inclined to remand the case to state court. Judges are like you and me - why do something when we can pass it off to somebody else.

[sandgk]

So, LightningRod, with the case still in the State of West Virginia (albeit it presently in Federal Circuit) what you are basically saying is that RR is Screwed Blue and Tattooed.

[LightningRod]

The jury pool for the federal court covers a wider geographic area than the jury pool for the county court. In either case both sides are attempting to *educate* (taint) the potential jurors. When the court's jurisdiction is finally resolved, I would expect the presiding judge to place a gag order on the parties to stop the nonsense. This may be one of those cases where it will not matter where the case is tried because the entire state populace is up in arms. Perhaps RR's attorneys will make a motion to change venue to southern WV where at least there might be some VaTech fans living in WV who might actually remain neutral.

[methomps]

Originally Posted by LightningRod

The offer doesn't surprise me. This case is being fought in the press as well as in the courts. Each side is attempting to get its story out in the media to the potential jurors that its position is the correct position. The defense team is probably trying to mitigate if not eliminate prejudgment interest and cost assessments in case it loses. Good faith offers to settle are taken into account when deciding these matters post verdict.

Addressing the federal court's jurisdiction, RR's lawyers missed the boat on the removal petition. Because the nature of this case does not involve the constitution, laws or treaties of the US, the federal court's jurisdiction is proper only if RR can prove (he bears the burden of proof on this issue) that the lawsuit involves Citizens of a State against Citizens of another State (otherwise known as diversity of citizenship jurisdiction). RR's attorneys did not set forth an affirmative statement in he removal petition that RR was a citizen of Michigan when he was served with process. The other problem with federal jurisdiction in this case is that a State and its alter ego is not considered a Citizen for purposes of determining this diversity of citizenship jurisdiction. There are a few 4th Circuit opinions holding that state universities are alter egos of a state for diversity purposes. I would expect a ruling on this issue in a few weeks, especially if the judge is inclined to remand the case to state court. Judges are like you and me - why do something when we can pass it off to somebody else.

I don't think RR's failure to specifically say "citizen" is a big issue, as it is a mere technical defect and he clearly lays out the essential facts necessary for citizeship. That West Virginia U is an arm of the state is a detail that I hadn't considered.

[mstevmac]

I'm sick of RR complaining and bitching about how he has to pay the penalty FROM HIS CONTRACT THAT HE BROKE. Man up and pay the price. I'm sick of this crap. He's a little whiny bitch trying to get around something that shouldn't be broken without paying the price. I can't wait to see this joker come into the shoe next season and Tress wipe the floor with this fool.

[BuckeyeMike80]

Originally Posted by MililaniBuckeye

If you only go back a quarter century, yes...

Back when RR was playing in college, Miami was kicking his team's ass up and down the field yearly.....

and he probably remembers when bobby bowden was the coach at WVU anyway, so the chance to replace a guy of that ummmm stature probably will attract a big name coach if Jimbo Fisher decides he doesn't want to wait.....

[Oh8ch]

Somehow, I can't think that the people at Michigan are altogether pleased about the conduct of their new head coach,

Had house guests this week whose roots are in Michigan. They are still in touch with some folks close to the program, including one of the coaches just let go. This in turn puts them in touch with input from a broader network of folks who are tied closely to the program (the sort of insider network that nets us so much of the info we enjoy on this board).

Their strong sense is that behnd the scenes folks are indeed wondering what the AD has gone and done. In deference to the program these are folks will stay low key and off the record. But they are not looking through the maize and blue glasses some of our visiting posters are wearing.