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Rashada is suing Napier and a Florida booster.

TheOriginalCane said:
Alright, let's back up for a minute.

I agree that the Collective, in and of itself, is not a party to the lawsuit. But the people who negotiated the deal and made the (false) assertions are. So if I am using "Collective" and "Hathnocock" interchangeably, it's just a minor and unintentional oversight.

Yes, the Collective is a party to a contract, but this is not a breach of contract case. Yes, certain individuals gave false assurances to "ignore the man behind the curtain" and convinced Jaden Rashada to sign an LOI in spite of the termination of the NIL deal.

There are numerous valid strategic reasons for why Hardin is filing as he is. He clearly wants to shift the focus to powerful and/or wealthy individuals who played fast-and-loose with their assertions that the NIL was being repudiated because "Velocity Automotive" could no longer be the payor of record for about a third of the deal. Humorously, I have never heard of any offer where the Gator Collective assured Rashada as to "hey, no problem, our wacky booster backed out of one-third of the payment, but we will gladly pay you the other two-thirds".

So, yes, no intention for me to say "Collective" when Hathnocock and Slingblade Billy and at least one other adult tried to bluff Jaden into signing an LOI for zero guaranteed dollars.
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The funny thing is that both of these collectives dissolved soon after this all happened…and it was no secret to UF alumni why it had all happened. Florida Victorious is the UF collective that exists now and it’s run by totally different individuals.
 
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Tad Footeball said:
Not that we're standing on high ground on this front but there isn't reallllly a potential silver lining here for the ol' Gaytes. They've proven to be as inept as they are underwhelming when it comes to hiring new coaches and this cloud/stain is something you absolutely do not want in the NIL era.
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This is true. Probably for their buy out causes.
 
AlexCane said:
Yup. As I said earlier, the potential for inequity is rife. On the one hand, you have wealthy and sophisticated boosters with access to lawyers, and on the other hand, you have high school kids who can't understand a contract and its implications but with the carrot of a huge payday ahead. And even with agents on their behalf, you still have a significant disparity between the two sides. Kudos I guess to Rashada for taking on the machine. And btw, kudos to you for recognizing that ambiguity. I noticed that as well. The termination clause is very, very vague and grants UF's collective a lot of discretion to act as it deems fit. I think that's likely why there is no breach of contract against the collective.
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That’s why this is particularly egregious to me and why I am on board with the punitive damages claim. Take the rivalry out of it - to do this to a teenager, regarding his education and future career, etc. is so gross. The law consistently tries to correct power imbalances and UF took advantage of this kid at every turn.
 
The more I think about this, this is just a stinker all-around.

The Gators already have a black eye. Regardless of what the truth is, everyone now believes their NIL program is weak and their coach was apparently so desperate, he was pleading with Rashada to commit in exchange for $1 million.

On the other side, Rashada and his team may be looking at long litigation with little upside. I've litigated with and against these fantastically wealthy individuals and they have "f u" money and simply don't care spending millions in legal fees because it appeases their ego to win. No idea who Hathcock is and his attitude, but these multimillionaires generally don't give a __. No one wants to litigate against guys like this. It's a war of attrition.

As an aside, really questionable for Rashada to file in federal court. I guess he didn't want to be hometowned in podunk Gainesville but federal court won't be a friendly venue either.
 
LuCane said:
All fair.

I’ve watched some corporate level fraud in the inducement claims fall through the cracks. Lack of evidence of a smoking gun (I don’t know if they have locked up the material misrepresentations from the collective rep), for example - among other tenuous attempts at proving the elements.

And, then, like someone else earlier in the thread alluded to, proving damages to full extent (in this case, the 9.5M, for example).

From what I’ve seen, not the easiest claim to prove. With that said, I’m for whatever makes UF look their worst.
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I saw somewhere else (not on this board), that Rashada’s side allegedly was recording all of his recruiting conversations. Now, I don’t know if it’s true and I don’t know the recording rules in all states (I think he was from CA? But some conversations could have been in other states while he was on visits.) So we will see 1) IF this is true, and 2) IF he has any from Miami, and 3) IF any of these get admitted into evidence.
 
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caneingville said:
That’s why this is particularly egregious to me and why I am on board with the punitive damages claim. Take the rivalry out of it - to do this to a teenager, regarding his education and future career, etc. is so gross. The law consistently tries to correct power imbalances and UF took advantage of this kid at every turn.
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The standard for punitives is very, very high. It may be unfair, but that doesn't mean its a punitive case. Short of some shocking evidence, it doesn't reach that level.
 
AlexCane said:
The more I think about this, this is just a stinker all-around.

The Gators already have a black eye. Regardless of what the truth is, everyone now believes their NIL program is weak and their coach was apparently so desperate, he was pleading with Rashada to commit in exchange for $1 million.

On the other side, Rashada and his team may be looking at long litigation with little upside. I've litigated with and against these fantastically wealthy individuals and they have "f u" money and simply don't care spending millions in legal fees because it appeases their ego to win. No idea who Hathcock is and his attitude, but these multimillionaires generally don't give a __. No one wants to litigate against guys like this. It's a war of attrition.

As an aside, really questionable for Rashada to file in federal court. I guess he didn't want to be hometowned in podunk Gainesville but federal court won't be a friendly venue either.
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100% agree. FYI, the weakness of the NIL program is one big reason why there’s already been a lot of unrest in Gainesville and everyone wants the AD gone.

It will be beyond embarrassing if we lose to them in August. They are us during our Golden years. I’m not exaggerating. They even sound like us now on their message boards, which I never thought would happen.
 
AlexCane said:
The more I think about this, this is just a stinker all-around.

The Gators already have a black eye. Regardless of what the truth is, everyone now believes their NIL program is weak and their coach was apparently so desperate, he was pleading with Rashada to commit in exchange for $1 million.

On the other side, Rashada and his team may be looking at long litigation with little upside. I've litigated with and against these fantastically wealthy individuals and they have "f u" money and simply don't care spending millions in legal fees because it appeases their ego to win. No idea who Hathcock is and his attitude, but these multimillionaires generally don't give a __. No one wants to litigate against guys like this. It's a war of attrition.

As an aside, really questionable for Rashada to file in federal court. I guess he didn't want to be hometowned in podunk Gainesville but federal court won't be a friendly venue either.
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As pointed out earlier, I think Rusty Hardin knows what he is doing by choosing a venue where all but one judge is a SemenHole.
 
BigDikDaddyFromCincinnati said:
I understand all that you wrote. I don't disagree. I also understand nuance and that not all things are either-or propositions. When I see people say/write things like "he deserves what he's earned" and " you don't work for free," it slightly irks me because it lacks nuance. I've seen what you say across these boards plenty, therefore I know you know what I'm talking about.

People seem to be taking sides on this portal/NIL thing and I'm not a fan of that because I think long term it's bad for the sport. At some point, donors stop donating and boosters stop boosting if the wins aren't enough. At some point - and I believe we are nearing it - CFB becomes nothing more than straight up HwooreHouse athletics where the highest bidders get all the talent. Once all the top players hit the portal every year, we will have reached Ground Zero in this regard.
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Alabama and Georgia have been outbidding everyone for many years
 
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AlexCane said:
The standard for punitives is very, very high. It may be unfair, but that doesn't mean its a punitive case. Short of some shocking evidence, it doesn't reach that level.
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I know, I used to be a litigator myself before going in-house (I’m retired now). And I agree that this isn’t that type of litigation. I also think they probably threw too many claims in the complaint, but I’m okay with all that too. I saw this whole thing happen as it was going down and it was so obvious what they were doing to the kid. Everyone knew because it was all over the message boards, Twitter, everywhere. I have zero doubts the kid’s allegations are all provable.


If they get away with this, other schools are going to do it because they can as well. What’s going to stop any big money school from promising whomever they want whatever they want, and then take their chances, fight it out, drown the little guys in due diligence, whatever. ****, Bama is saving so much money now that Saban is retired they could just start a settlement fund for their leftovers so they don’t even go to court. I realize this all sounds ridiculous and far-fetched, but nothing surprises me with college football anymore.
 
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Shogungts said:
I think this is back when Ruiz was the primary NIL booster which I don't believe is the case any more. Not saying Miami doesn't have NIL money (clearly they do), but I don't know if the current boosters would have thrown around that type of money even in the early days of NIL.

EDIT: And reading further, that 9.5M looks sus
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******* insanity.
 
caneingville said:
I know, I used to be a litigator myself before going in-house (I’m retired now). And I agree that this isn’t that type of litigation. I also think they probably threw too many claims in the complaint, but I’m okay with all that too. I saw this whole thing happen as it was going down and it was so obvious what they were doing to the kid. Everyone knew because it was all over the message boards, Twitter, everywhere. I have zero doubts the kid’s allegations are all provable.


If they get away with this, other schools are going to do it because they can as well. What’s going to stop any big money school from promising whomever they want whatever they want, and then take their chances, fight it out, drown the little guys in due diligence, whatever. ****, Bama is saving so much money now that Saban is retired they could just start a settlement fund for their leftovers so they don’t even go to court. I realize this all sounds ridiculous and far-fetched, but nothing surprises me with college football anymore.
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Aren't NIL deals "at will"?

Quick side question....who was the Gator staffer who called Miami "freaks" in the filing??
 
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Empirical Cane said:
Lane Kiffin to Florida.
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He's kind of got a nice thing going at Ole Miss right now. Got them humming, has NIL support, getting a pretty good salary and the expectations are much lower. He may want the UF job, but if I was in his situation, I'd prefer Ole Miss.
 
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