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Post by nomar33 on Aug 6, 2010 13:17:04 GMT -5
Well there is a number of things:
1) All recruiting expenses occured while Brady recruited for JMU i mean Marist that year. 2) now it will also include all legal fees incured - Marist I think is a real strong position here as they tried and tried to settle this out of the court system only to be ignored by JMU. JMU further hurt themselves in never taking this seriously and not even answering the lawsuit. 3)Unless JMU appeals - which lets be honest will probably happen on say 1st week in December right before next hearing - then Marist will probably be awarded what they ask 4) JMU doesnt care about the money - a few hundred thousand isnt going to cripple them, at this point they just want to drag it out as long as they can (no granted this could bite them as eventually Marist could recoup all legal coasts) 5) They could use this settlement to say - we will pay you provided you drop the case against Brady (which is my bet)
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Post by petagay77 on Aug 6, 2010 15:13:19 GMT -5
oooh ok .. good point .. good for Marist!
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Post by petagay77 on Aug 12, 2010 12:47:14 GMT -5
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Post by petagay77 on Jan 16, 2011 9:36:06 GMT -5
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Post by yankee on Jan 16, 2011 10:09:28 GMT -5
Hopefully they get his home, his future pension and all of his wordly possessions: . However I think they get a tiny insurance settlement. I think they have a shot to get more from the JMU lawsuit because of the arrogant way they have handled this. If they get a judge who doesn't like being disrespected, JMU may lose a large judgement.
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Post by nomar33 on Jan 21, 2011 12:42:19 GMT -5
No link yet, but word is a NY Judge has vacated original judgment against JMU in the Matt Brady Marist case and they’ll have a chance to argue. More as I can figure it out.
From JMU blog
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Post by nomar33 on Jan 21, 2011 12:50:07 GMT -5
Judge Rules For JMU Posted January 21, 2011 12:00 AM EST Vacates Earlier Ruling, Allows Case To Move On
By Mike Barber
HARRISONBURG - James Madison has won a significant court victory in its dispute with Marist College.
A state judge in Poughkeepsie, N.Y., agreed in late December to vacate his default judgment against JMU, the Virginia attorney general's office confirmed Thursday, giving it a chance to defend itself against a breach-of-contract lawsuit filed by Marist. The ruling also applied to the state of Virginia, a co-defendant in the suit.
"The lawsuit moves forward on the issue of whether any defendants have any liability," Brian Gottstein, spokesman for the Virginia attorney general's office, said in an e-mail Thursday. "The court also denied JMU's motion to dismiss the case on jurisdictional grounds, and normal proceedings like depositions and interrogatories should begin soon."
Gottstein said a hearing is scheduled for Monday in the New York state court in Dutchess County, where Marist is located.
The case revolves around Marist's contention that men's basketball coach Matt Brady broke his contract with the college after leaving for Madison. JMU, according to Marist, was complicit.
Brady, whose case is being handled separately from Madison's, said Thursday he has not decided whether to attend Monday's proceeding. The Dukes play at Hofstra - in nearby Long Island, N.Y. - Monday night.
"I'm up in the air," Brady said. "I've been asked to attend. I'm really sick of it. I'm not sure yet that I'm going."
Brady said neither he nor his attorney requested the Monday date, but said having a game two hours from the court "makes it easier to attend, if I decide to."
New York state judge Charles D. Wood issued a default judgment in favor of Marist last July because JMU‘s state-appointed lawyer, Virginia assistant attorney general John F. Knight, failed to respond to the suit within 30 days.
In September, Knight and Madison's New York-based lawyer, Eric M. Kurtz, along with JMU athletic director Jeff Bourne submitted affidavits accompanying an appeal of Wood's decision. They asked that the default ruling be nullified and a new ruling be rendered on the "merits of the case."
Knight, who is assigned to JMU, said in his affidavit that on Jan. 19, 2010, a representative from the court clerk's office advised "that they had nothing in their system about the case." Calling a separate phone number the next day, he said, he was still told that there was nothing in the system, and that nothing could be done at the time.
Knight said that when he called back on Feb. 2, he was told the case was inactive and that it was too late to file a motion. JMU was trying to get the case dismissed on jurisdictional grounds.
Then, Gottstein said, Wood vacated his initial ruling on Dec. 29. Gottstein said his office didn't receive written notification of the decision until Jan. 12.
Marist filed the lawsuit against Brady, JMU and the state of Virginia in July 2009, alleging that Brady broke his contract when he left the Poughkeepsie school for Madison on March 25, 2008. Marist says the contract prohibited Brady from recruiting to JMU players he had tried to recruit to Marist; Madison ended up signing four of those players.
Neither Knight nor Kurtz returned phone calls Thursday.
JMU spokesman Don Egle declined to comment on the case, as did Bourne.
Rather than immediately assess damages after its default judgment, Wood in July ordered Marist and Madison to try to work out a settlement. But Gottstein said an article in the Poughkeepsie Journal that stated Marist had reached a sealed settlement with JMU and Virginia was incorrect.
"They got it wrong. It did not settle," Gottstein wrote in an e-mail.
Asked about a potential monetary settlement between the parties, Gottstein said "we can't discuss potential settlement talks or legal strategy."
Marist attorney Paul Sullivan did not return phone calls Thursday.
Dutchess County court records show Marist's suit against JMU, Virginia and Brady as one proceeding, but Gottstein said Brady's case is being handled separately.
"Matt Brady has his own counsel and his case will proceed separately from the JMU case," Gottstein said.
Brady's Ohio-based attorney - Joseph Murray - did not return phone calls Thursday.
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ken
All-MAAC 1st Team
Posts: 1,243
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Post by ken on Jan 21, 2011 12:58:22 GMT -5
All this does is allow the court to hear the other side. The case will now be argued in court or in lawyers conference rooms for the next couple years. This case will be a nice money maker for all the attorneys. Marist will get little or nothing.
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Post by nomar33 on Jan 21, 2011 13:43:10 GMT -5
Maybe we can tell them that if they take Martin as well we will call it even
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Post by yankee on Jan 21, 2011 13:48:41 GMT -5
I agree with Ken that Marist stands to win a small monetary amount if JMU starts taking it serious. I don't like that the judge basically let them get off mocking the court, but guess the judge thought it would be reversible thing to not give them a chance to make an argument. Only way Marist gets a big sum of money is if JMU continues to act smug and above this all.
From a fans perspective I do love that this is obviously annoying the heck out of Brady. You can see through his comments he is angry about this whole thing. Drag it out just for that:).
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ctfoxfan
All-MAAC 1st Team
Marist Athletics, strive to be under budget!!
Posts: 1,551
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Post by ctfoxfan on Jan 23, 2011 13:23:18 GMT -5
If theres any justice the award will be just enough to cover CM's buyout. Seems fair to me.
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ken
All-MAAC 1st Team
Posts: 1,243
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Post by ken on Jan 23, 2011 15:00:44 GMT -5
If theres any justice the award will be just enough to cover CM's buyout. Seems fair to me. Great idea, seems fair & reasonable; except for the fact that they need the money now or in the next month to six weeks.
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Post by petagay77 on Jan 23, 2011 17:25:09 GMT -5
Ken make up your mind .. 3 days ago u were singing a different tone .. cmon dude .. dont believe every thing you hear.
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ken
All-MAAC 1st Team
Posts: 1,243
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Post by ken on Jan 24, 2011 9:07:50 GMT -5
Sorry Peta but I fell off the fence the other day. After I witnessed CM bitch at his assistant coaches over the Bauer substitution I was convinced. CM will be gone.
Hear? Any opinion I have is based on my personal observation, all made at games. CM has lost the players, the coaching staff and the officials can't stand him either. I know for a fact the 2 Murrays are very very unhappy! What other conclusion could be reached.
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Post by yankee on Jan 24, 2011 18:52:28 GMT -5
I understand why many might doubt the negative comments of the new posters. However, I 100% believe ken when he says he observed something. He has been posting here awhile and has tried to be positive about the coach on many occassions. In regards to the Marist lawsuit, does Marist have to pay for a lawyer or is it someone they have on staff for these situations. Are they gonna spend more than they are going to possibly get is the question. Any lawsuit victory should also cover attorney fees.
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