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DuckHeart
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Posts posted by DuckHeart
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On 12/14/2021 at 1:29 PM, Duck1984 said:
Agreed. The contract may be a good deal for the school if Lanning works out.
Isn’t Cristobal personally on the hook for his breach of contract? If so, can we thank him for paying for our new coach for a couple of years?
Cristobal owes Oregon $9 million as liquidated damages----that's his "buyout" per the contract. No doubt his contract with Miami provides that the school will pay it plus any income taxes Cristobal owes as a result of the school paying his liquidated damages. Remember, it is Cristobal who owes Oregon the money, not the University of Miami. However, the new school always agrees to cover the buyout.
Since that is Cristobal's legal responsibility it is taxable income to him. Miami will then have to pick up the incremental taxes caused by the $9 million in taxable income! (Luck for UM that Florida doesn't have a state income tax.) And as pointed out in other posts Miami will pay a non-profit excise tax for all this.
Wacko world isn't it?
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Mike Bellotti was head coach at Chico State for four years, 1984-1988. His record at Chico was 21-25-2. Brooks then hired him to become Oregon's OC. (Thank you Wikipedia) Bellotti had a very nice background when he became Oregon's head coach.
I'd prefer it if Lanning a few years as HC but I'm all in with him.
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At this point we have no idea whether Lanning is an upgrade. I'll know, we all will know, about a year from now.
Some things which annoyed me about Cristobal: His offense. His tendency to not put inferior teams away. Clock management. I was also tired of his macho bravado.
Nothing about Lanning annoys me yet. We'll know in a year.
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Something to do while I wait:
Someone on this board asked whether the "buyout" in Cristobal's contract can be enforce---whether the school can get the $9 million. So this retired lawyer puts this out: Can the liquidated damages provisions in the employment contract between the U of O and Cristobal be enforced. Here is a link to the contract.
Parties to a contract may (with qualifications) agree on what is owed as damages for certain types contract breaches. Those agree upon damages are called liquidated damages. This contract has two liquidated damages provisions.
Section 6.2 Termination by University (not for cause) provides that if the school fired Cristobal without cause that the school must pay 80% of the base pay left on the contract. (base pay is called Guaranteed Salary in the contract). Note that per 6.2.c there is a duty of the coach to mitigate meaning that the coach has the duty to make reasonable efforts to get a job which would reduce what he is owed. Of course, we don't care about this liquidated damage provision as Cristobal wasn't fired. However this provision does show bargaining by the parties on how to deal with termination which is something a judge would likely consider if the U of O had to sue Cristobal in order to be paid the $9 million.
Section 6.3 Termination by Coach is what we care about. And yes 6.3.c says Cristobal owes $9 million if he quits before January 14, 2022. Note the language in 6.3.d and e. Those words go to the enforcement of such a damage provision. Was the language bargained for by the parties? Are the actual damages to the university difficult or impossible to determine? Is this a penalty? (penalties usually can't be enforced). Is this an illegal restraint of trade? (which is more closely looked at in employment cases than other areas)?
Other than Google, I don't have much in the way of research capabilities. I didn't find a case relating to coaching contracts. There are some journal articles but nothing definitive.
My guess is that given the context and language of the contract that the liquidated damage provisions would be enforced.
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Yes, he was all Duck until he wasn't. And that is all we should ask of someone from his background.
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I just read Shoe Dog a couple weeks ago. Yeah, I can see Phil Knight pulling the offer.
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Miami has a lot to offer, family and friends probably being the most important. Then consider weather and proximity to recruits and it is the leader. Then consider that Florida does not have a state income tax. Oregon's taxes incomes over $250,000 (married couple) at 9.9 percent. That's a huge financial advantage. Yes, Oregon has facilities, but those can be built. So, in my view Mario is gone.
I'm sure Mullens has a list of HC candidates. Hope Chris Peterson is on it.
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On 12/4/2021 at 11:53 AM, cartm25 said:
Oh, the good old days when TEs were part of the passing game: Dickson, Paulson, Lyerla, Mundt, etc.
TEs were open last night. Brown wouldn't/couldn't trow to him. Some how he never learned the simple principle that TEs are a QB's best friend. Of course, Brown can't learn it if it is not taught......
Chick or egg: Was Oregon's offense bad because of players or coaches?
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Cristobal is not on PERS. For your information, PERS Tier One is for employees hired before 1996. Cristobal is on OPSRP. Way too much beyond that..:)
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Could have easily said he will be Oregon’s coach year but didn’t. Not at all straight. In my mind he made the elephant bigger.
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On 12/2/2021 at 7:34 AM, Loudduck said:
Bring Donte Williams back? We know he’s an excellent recruiter and It would be a good counter to USC hiring Lincoln Riley. The one thing I worry about with Lincoln Riley is the recruiting in California.
Bring Williams back as what? Someone would have to be fired or reassigned.
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On 11/30/2021 at 6:21 PM, Steven A said:
GAMES !!!!!
Ducks have two more games this season. I doubt Moorhead coaches in the bowl game, therefore game not games.
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Yep, sounds like he is heading out. Hope his last game as a Duck is a win.
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Whittingham is being paid $5.2 million this year. Seriously doubt that he is thinking along the lines you suggest.
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Never thought it was targeting. Didn't launch, not crown of helmet. Just watched it again. View from end zone camera showed it to be facemask to shoulder pad.
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Just read through this thread. Does everyone know the score? Ducks are up by 21 and playing great. Just so you know:)
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On 11/24/2021 at 3:28 PM, MM2 said:
Proactive or reactive? You decide...
If Oregon has such great recruiting then why is Oregon looking outside the gate for a QB? I realize Tyler S. Left a hole but other teams just pump another QB in . That's just good coaching
M2
The coaching staff saw a gap at QB---Shough didn't pan out---he apparently was a dynamo in practice based teammates statements. However, Shough didn't have IT in games. Coaches saw that an brought in Brown, who hasn't been as good as hopes. Yes, having a high level QB is part of coaching but not having IT happens. Given all the injuries, the youth etc, Cristobal has done a good job this year. For fans to say he should be coaching FOR his job; well I don't get it.
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One of the worse loses ever given all the circumstances—which we all know. Oh well. Life goes on
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Bad schemes on both side. Moorhead probably won’t be getting a HC shot after this. Good?
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Question I have is how much Mario is getting from sources other than his school paycheck. That extra money is not public as far as I know.
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I live in the valley(160 ft) have a place in Sunriver (4200), frequently visit Denver (5300).
A well conditioned college football player should be fine. The only problem could be on defense if Utah runs a hurry up.
The longer you are at altitude the better you will be as a conditioned body will acclimate. The key is to drink lots of water. And I mean lots. If you don’t drink enough you’ll have headaches and be lethargic. -
Two reasons. Didn’t want to get hurt and wanted to get ahead of competition for spots with other teams. This is per his dad’s now deleted tweets.
And this is my last post about Pittman. Time to move on.-
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I was really nervous before the Cal and UW games. But have the same feeling I had before tOSU game---calm confidence in the Ducks.
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School money plus Nike plus P Knight money equals Mario being well compensated.
$250,000 per Offensive Lineman. The WILD WILD WEST Has Begun, University of Texas Just Opened Pandora's Box
in Our Beloved Ducks
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I really hope the players understand that they will be required to file returns and pay taxes on their NIL money. In the old days the guy handing the bags of cash probably didn't send out 1099s!