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CokeGreaterThanPepsi
Member Posts: 7,646
CokeGreaterThanPepsi
Member Posts: 7,646
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Wow.
the moment the disease took over
I'm no lawyer, and, like some, I don't pretend to be one. But pretty sure he will win at least some money in a settlement.
Do have to wonder ... will this hurt him from getting another gig.
You can almost guarantee that the reason that Sark has not only gone forward with this lawsuit, but also for the amount that he has, is because it's almost a guarantee slam dunk that he wins or settles. IF it goes to court, all of the dirty laundry comes out and the impact on his character and future coaching prospects go in the shitter so he needs a high sum to cover his future earnings as a result. It's a loss earnings argument on his behalf ... say 20 years of coaching remaining at $4M+ per year discounted to current $'s.
I'd expect that the SC lawyers will play a bit of hard ball to make Sark and his team sweat a bit and see if they can get them to accept a lower settlement but behind closed doors they know that they'll lose badly if they go to trial on this.
I expect that Sark will probably settle for somewhere around $15M and be hired on as a studio analyst on the PAC Network next year.
I'd be shocked if this deal made it to court?
What would USC settle for?
What would Sark settle for?
Is there overlap in those ranges? How close to the high/low end of those ranges are each party?
It's great to say that you disagree. But what do you think will happen?
I read the complaint. I have not seen a copy of the contract. I have not heard USC's side of the story.
After reading the complaint I find it very unlikely that Sark has a valid claim. What he has going for him is that he did immediately seek in-patient treatment and that his family is apparently circling the wagons and willing to perjure themselves on his behalf. However none of his version of events of that weekend sound at all realistic and I am sure there are numerous witnesses who would rebut most of the factual claims.
The range of outcomes at this point is vast. However the range does not come close to $15 million even at the upper limit.
In the complaint itself its claimed that Sark's contract was worth $12.6 million. A jury would have a hard time awarding speculative damages beyond even the full value of a contract that was very unlikely to be fulfilled regardless of the alcohol issue. USC would never, ever settle for more than $12.6 million even if they are somehow completely in the wrong.
My guess at what happens here:
most likely: small settlement ($1-3million)
somewhat likely: USC wins some type of dismissal motion.
If Sark was fired for performance, he'd get the balance of his contract.
The issue is that SC fired him for being in violation of his contract without having to pay him ... and it's a bit of a leap for them to argue against the rehab angle regardless of how legit it was. That's a delicate slope in today's touchy feely world.
The future pay I'm sure would be disputed. That will all depend on what kind of case SC has.
The difference between $12.6 vs $15 isn't that much.
You can be my huckleberry.
There is no basis for future pay. His ability to coach has not been harmed. He isn't an opera singer whose voice was damaged in an operation. He has the same "ability" he did before all of this. The rest of the damages claimed are mental anguish and emotional distress not future earnings but its pretty weak and isn't even specifically laid out in the complaint what emotional distress he suffered. Again, this is just shit thrown at a wall it would never be awarded by a jury.
USC would never settle for $12.6 either that is just the starting point as essentially the maximum realistic damages that could be awarded at trial (or $11.25 now that I read the complaint more carefully.)
So the most USC would settle for if they were really under pressure and Haden did in fact just act unilaterally and emotionally without consulting his own attorneys, which I doubt, is somewhere around half- $6 or maybe $7 million.
Again- worst case scenario for USC that I find very unlikely.