Citing a “a culture of violation and avoidance of respect,” the Tennessee Titans filed a lawsuit today in Nashville against USC and Lane Kiffin for allegedly ignoring the NFL club’s contractual hiring requirements of assistant running backs coach Kennedy Pola.
In the lawsuit filing (pdf) the Titans claim that when Pola took a job with the franchise on Feb. 1, the assistant coach agreed that he would, “not under any circumstance solicit discussions or entertain employment with any other person or entity during the term without given written permission to do so.”
Pola was then hired last Saturday by Kiffin as USC offensive coordinator. The move came just one week before Titans training camp was scheduled to open. That despite the USC coach allegedly failing to obtain contractually required written permission to formally approach Pola about a position on the Trojans staff.
The filing cites Kiffin utilizing, “improper methods and means to direct harm and damage of parties to contract.” The suit also states that, “written consent” from the Titans was required for USC to hire Pola and that “verbal consent” was “inadequate.”
The NFL team added in its lawsuit that despite fully recognizing Pola’s contract requirements with the Titans, Kiffin “encouraged” the assistant coach to breach the terms of his deal.
The Titans are requesting a jury trial while seeking treble, punitive damages against Kiffin and USC.
Though a serious read, the endgame in this lawsuit is more symbolic than punitive. The odds of Pola returning to the Titans are slim to none regardless of court proceedings and any financial settlement obtained by the NFL team will be small, if not altogether insignificant.
It’s probably not a coincidence that this litigation emanates from the same state that Kiffin recently departed as Univ. of Tennessee coach under turbulent circumstances.
Not to mention that individual Titans game tickets go on sale in less than a week.
7:15 pm on July 26th, 2010
Why would Lane Kiffin be bound by any contract stipulations that the Titans have with an Assistant Coach? I would think the only person that would be liable is Pola who signed a contract with the Titans.
7:16 pm on July 26th, 2010
Kiffin better request a change of venue. There is no way that if this ever gets to trial that he gets an impartial jury.
Jeff Fisher and the Titans made a bunch more new friends in Tennessee today, particularly in and around Knoxville.
9:33 pm on July 26th, 2010
There is no way this lawsuit holds any weight in a court of law. It is an attempt by Jeff Fisher to rally the UT fans in the state around his football team. Pretty pathetic actually. Especially considering he is a USC alum.
9:40 pm on July 26th, 2010
Unless it is a tortiuous interference of contract case. You can see much of the legal pleadings and it is filed in the Chancery Court as opposed to Circuit Court which would be more like a contract type case.
10:32 pm on July 26th, 2010
There are torts for interfering with the contract between two other parties. snakeplisken is absolutely right on this one.
12:20 am on July 27th, 2010
It’s not surprising that USC graduates idiots, as evidenced above. Stupids, it’s standard to sue the raiding party…deeper pockets, damages and a message to anyone in the future. The real issue is how soon Haden is fired…just joking.
12:46 am on July 27th, 2010
Below is the Tennessee law under which the Titans are suing. It does hold weight in a court of law, what with it being a law and all. And, it’s not that Kiffin is “bound” by a contract. This law prohibits a kind of fraud or stealing: persuading someone to breach a contract. This isn’t a law that’s unique to Tennessee either, it’s the kind of law that exists in almost every state to one degree or another. They could have filed a similar kind of lawsuit under California law as well.
“It is unlawful for any person, by inducement, persuasion, misrepresentation, or other means, to induce or procure the breach or violation, refusal or failure to perform any lawful contract by any party thereto; and, in every case where a breach or violation of such contract is so procured, the person so procuring or inducing the same shall be liable in treble the amount of damages resulting from or incident to the breach of the contract. The party injured by such breach may bring suit for the breach and for such damages.”
12:48 am on July 27th, 2010
Snake is right. By the way snake, u were great in escape from ny but in the sequel even though u didn’t choke like Kobe has while benefitting from key opponent major injuries, the shot u made fullcourt in la wouldve been impossible today. In la today it wouldve been a soccer ball and you’d be shot by illegals drug dealing in the stadium and encouraged by the Mexican govt. Today the title would be… Escape unless you’re illegal.
10:42 am on July 27th, 2010
As was already said above, Kiffin was not a party to the contract or bound by the contract. Therefore, article’s statement that Kiffin was required to obtain written permission to approach Pola or hire Pola is inaccurate. Pola was required to get written permission before entertaining offers. His failure to do so is a breach of contract and Titans could sue him for the same.
Instead of suing Pola, Titans decided to Sue Kiffin and USC for tortious interference with contract under both statutory law and common law. Basically - a party can not intentionally and knowingly interfere with contractual relationship between parties or intentionally induce another party to breach a contract. This is a claim that is codified in most states, and even where it is not, it is a common law tort claim that can be asserted in any state.
Under Tennessee law, it appears that the Titans can get Treble damages (three times the amount of damages they can establish at trial or by motion), plus punitive damages, and likely recover their attorney fees. This is not some weak claim - this is a slam dunk case with huge liability for USC.
My guess - USC enters into a confidential settlement agreement and mutual release and pays Titans an undisclosed amount of money to settle this case. USC and Lame Kiffin suffer additional bad PR. All because USC and Kiffin lack character and generally suck.
Go Bucks!
12:53 pm on July 27th, 2010
Actually, this kind of suit is strongly disfavored in California, which doesn’t believe in the restriction of employee options.
4:25 pm on July 27th, 2010
Kiffin obviously lacks common sense. A bunch of little cracks in his rep have it almost shattered.
8:21 pm on July 27th, 2010
The word is that this is just the first nail in the coffin for Kiffin at USC. The new AD doesn’t like his style, and wouldn’t have hired him.
Kiffin’s going to have a hard time recruiting over the next two years with NCAA sanctions, which will result in decreased performance on the field in years 3 and 4 of his contract. If he can’t deliver in his first two years, it’s only going to get worse - sub-par seasons affect future recruiting in a cascading effect.
If Kiffin can’t bring home the wins over the next two years, bowl game ineligibility notwithstanding, then he’ll be gone at the first opportunity.
8:53 pm on July 27th, 2010
Basically - a party can not intentionally and knowingly interfere with contractual relationship between parties or intentionally induce another party to breach a contract.
———————————————————-
So you telling me that men and women whose spouse commit adultery cannot sue the other woman or man for breach of contract. People for the most part just get a damn divorce.
Nevertheless I believe the Titans can sue Pola and perhaps Kiffin as co-respondent. Other than that, Titans have no shot.
9:16 pm on July 27th, 2010
I’d have to agree with Buckeye Attorney above. This is not a weak claim. Too many people are letting their emotions/allegiances into this debate. I can assure you, the courts will not. Given a jury trial would be in Nashville, should it come to that, Kiffin and possibly USC are going to get bent over. Anyone who doubts that needs to look up the definition of “tortious interference”. Regardless of trial or settlement, someone’s going to pay some big bucks, contrary to what the story portrays.
9:09 am on July 28th, 2010
The law is the law no matter if you think its right or wrong. USC has broken the rules for years, they are just now are paying the price. Sounds like The Truth has it peged. Kiffin’s Dad needs to step up to the plate and straighten his son out. What a jerk !
6:21 pm on July 28th, 2010
USC files suit in CA alleging abuse of due proces and malicious interference by the Titans. Hello Federal Courts. Add the influence of interstate commerce betyween a Maryland (not Tenn) Corp and a California Corp (not Tenn) and here we go to Fed Court.
By the way, Buckeye Attorney, you seem the type of shyster who seeks trial before prejudiced juries. That’s s real insight to your ethical character. Thanks for revealing yourself to the world.
7:59 am on August 11th, 2010
JAT
It appears your attack on Buckeye Attorney is just as classless as Kiffin and his actions. Where is your “ethical character” hiding? Or do you have any?
Whip