Page 1 of 2 12 LastLast
Results 1 to 15 of 18
  1. #1
    Rookie
    Join Date
    Sep 2008
    Posts
    395
    Thumbs Up
    Received: 0
    Given: 0

    Perlmans take on penalty

    Full disclosure, I copied this from a Husker message board. It was a post someone made summarize a radio interview Harvey Perlman was on this morning. Harvey was a law professor and then Dean of the Nebraska Law School before becoming Chancellor. So, he's not just blowing smoke, he's actually a pretty smart guy. It will be interesting to see how this all plays out.

    This morning on KLIN. He said there technically aren't any "exit penalties", but there are provisions for paying liquidated damages to remaining schools who might suffer as a result of the exit. Since the Big 12 apparently now is much better off financially AFTER Nebraska left, there really are no liquidated damages for the remaining schools. Therefore his view is Nebraska should not have to pay for any liquidated damages since they don't exist.

    Asked whether a final settlement would wind up in court, Perlman just said he hopes not but we'll have to see how it works out.



  2. #2
    Legend
    Points: 385,600, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 26.0%
    Achievements:
    SocialRecommendation Second ClassVeteran50000 Experience Points
    bos's Avatar
    Join Date
    Apr 2006
    Posts
    23,583
    Points
    385,600
    Level
    100
    Thumbs Up
    Received: 395
    Given: 273

    Re: Perlmans take on penalty

    Them leaving the conference has caused me emotional damage. I demand reparations.



  3. #3
    All-Star
    Points: 35,043, Level: 57
    Level completed: 67%, Points required for next Level: 407
    Overall activity: 0%
    Achievements:
    Veteran25000 Experience Points

    Join Date
    Apr 2006
    Location
    ic
    Posts
    1,851
    Points
    35,043
    Level
    57
    Thumbs Up
    Received: 1
    Given: 0

    Re: Perlmans take on penalty

    I thought I read somewhere that losing Colorado and Nebraska hurt the viability of a TV network somewhere in the range of 8% less than it would be if those schools had stuck around. I think that is damage. Not a lot, but still damage.

    Edit: LOL at "he's actually a pretty smart guy" when describing the chancellor of your university... Nebraskans....


    Last edited by ISUboi12; 06-15-2010 at 09:51 AM.
    Kinnick smells like syrup.

  4. #4
    Addict
    Points: 132,078, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 0%
    Achievements:
    SocialVeteran50000 Experience Points
    joefrog's Avatar
    Join Date
    Apr 2008
    Location
    Clive, Iowa
    Posts
    6,446
    Points
    132,078
    Level
    100
    Thumbs Up
    Received: 11
    Given: 109

    Re: Perlmans take on penalty

    You can always get a lawyer to take one side or the other of an issue. The conference contract mentions nothing about damages or the state of the conference after you leave it.

    It does however mention specific penalties for leaving early. Nebraska can try and cry their way out of paying what they owe, but they are going to pay. Treason has a price.

    I guarantee had ISU gone to the Big10 we would have had to pay. And we would have been glad to.


    "Dog Eat Dog"
    Read the news
    Someone win,
    Someone lose

  5. #5
    Pro
    Points: 24,944, Level: 48
    Level completed: 40%, Points required for next Level: 606
    Overall activity: 1.0%
    Achievements:
    Veteran10000 Experience Points

    Join Date
    Apr 2009
    Posts
    2,089
    Points
    24,944
    Level
    48
    Thumbs Up
    Received: 23
    Given: 35

    Re: Perlmans take on penalty

    It'll end up in the court.



  6. #6
    Rookie
    Join Date
    Sep 2008
    Posts
    395
    Thumbs Up
    Received: 0
    Given: 0

    Re: Perlmans take on penalty

    Quote Originally Posted by cyclone13 View Post
    It'll end up in the court.
    Agree. My guess is they will reach some type of settlement. My best friend works for the law firm in Lincoln that represents the Univeristy, I will try to get some scoop from him down the road.



  7. #7
    Addict
    Points: 153,516, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 46.0%
    Achievements:
    Veteran50000 Experience Points
    Clonefan32's Avatar
    Join Date
    Nov 2008
    Posts
    8,426
    Points
    153,516
    Level
    100
    Thumbs Up
    Received: 387
    Given: 5

    Re: Perlmans take on penalty

    Quote Originally Posted by bos View Post
    Them leaving the conference has caused me emotional damage. I demand reparations.
    It has also caused me physical damages as re-alignment has caused me to do nothing but sit in front of a computer eating Doritos... I too demand to be compensated for my loss.



  8. #8
    Bench Warmer
    Points: 10,104, Level: 30
    Level completed: 26%, Points required for next Level: 446
    Overall activity: 0%
    Achievements:
    Veteran10000 Experience Points
    Bestaluckcy's Avatar
    Join Date
    Sep 2009
    Location
    Otley, Iowa
    Posts
    345
    Points
    10,104
    Level
    30
    Thumbs Up
    Received: 13
    Given: 9

    Re: Perlmans take on penalty

    In some disputes possession is 9/10ths of the law. If the Big 12 is smart we do not give Nebraska it's due. Let them come and prove they should get it from us.


    Best of luck



  9. #9
    Speechless
    Points: 210,269, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 31.0%
    Achievements:
    Veteran50000 Experience PointsOverdrive

    Join Date
    Apr 2006
    Posts
    26,489
    Points
    210,269
    Level
    100
    Thumbs Up
    Received: 250
    Given: 31

    Re: Perlmans take on penalty

    Quote Originally Posted by MrReality View Post
    Full disclosure, I copied this from a Husker message board. It was a post someone made summarize a radio interview Harvey Perlman was on this morning. Harvey was a law professor and then Dean of the Nebraska Law School before becoming Chancellor. So, he's not just blowing smoke, he's actually a pretty smart guy. It will be interesting to see how this all plays out.

    This morning on KLIN. He said there technically aren't any "exit penalties", but there are provisions for paying liquidated damages to remaining schools who might suffer as a result of the exit. Since the Big 12 apparently now is much better off financially AFTER Nebraska left, there really are no liquidated damages for the remaining schools. Therefore his view is Nebraska should not have to pay for any liquidated damages since they don't exist.

    Asked whether a final settlement would wind up in court, Perlman just said he hopes not but we'll have to see how it works out.
    Here is how I think it would work.

    Nebraska and Colorado are NO LONGER members of the Big XII Conference. Even though they play in the Big XII Conference in football and basketball in the coming year.

    So for all conference revenue received this year, Nebraska and Colorado will NOT receive a share of money. No conference TV appearance money, no TV contract money, no NCAA money, no BCS money, etc. NOTHING that goes through the Big XII Conference. THAT is the penalty.

    Obviously there is some sort of exit penalty. And Nebraska knows it. They are just blowing smoke and trying to negotiate downward the payment.

    We won't have a championship game when they leave so that is upwards of $10 million to $20 million right there of actual damages. Plus the loss of revenues and future revenues of guaranteed sellouts for when Nebraska comes to town. The No liquidated damages claim is bogus. They damaged us. We appear to be a damaged conference and unstable. He should be happy with $10 million. That is cheap.



  10. #10
    All-Star
    Points: 43,612, Level: 64
    Level completed: 51%, Points required for next Level: 638
    Overall activity: 10.0%
    Achievements:
    Veteran25000 Experience Points

    Join Date
    Jan 2009
    Location
    Chicago suburbs
    Posts
    1,647
    Points
    43,612
    Level
    64
    Thumbs Up
    Received: 0
    Given: 0

    Re: Perlmans take on penalty

    Why would anyone trust what he has to say?



  11. #11
    Addict
    Points: 158,327, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 0%
    Achievements:
    SocialVeteran50000 Experience Points
    Palmer's Avatar
    Join Date
    Jun 2008
    Location
    Johnston, IA
    Posts
    7,888
    Points
    158,327
    Level
    100
    Thumbs Up
    Received: 32
    Given: 2

    Re: Perlmans take on penalty

    just pay up doosh


    Carrying the banner for ISU.


  12. #12
    Pro
    Points: 71,868, Level: 83
    Level completed: 25%, Points required for next Level: 1,282
    Overall activity: 3.0%
    Achievements:
    Social50000 Experience PointsVeteran
    SNEDDS3's Avatar
    Join Date
    Apr 2010
    Location
    Cedar Rapids, IA
    Posts
    2,383
    Points
    71,868
    Level
    83
    Thumbs Up
    Received: 25
    Given: 9

    Re: Perlmans take on penalty

    Wouldnt the re-scheduling in the years to come be of some damage? I have no idea, just a thought.


    *Rest in peace corn dog chick

    "what you dont know is that treehouse masters is just mansions for WVU fans"


    CF Fantasy Football Champ 2013


  13. #13
    Pro
    Points: 103,918, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 0%
    Achievements:
    SocialVeteran50000 Experience Points
    vmbplayer's Avatar
    Join Date
    Feb 2008
    Location
    Ankeny
    Posts
    3,447
    Points
    103,918
    Level
    100
    Thumbs Up
    Received: 9
    Given: 6

    Re: Perlmans take on penalty

    If we now have to play 9 conference games and have to buy out the 4th non-conference game we have scheduled for each year it does cause us financial harm. It also hurts our chances at making a bowl game which hurts our financial and raises our travel expenses. They bylaws talk about hurting the remaining member institutions, not the conference as a whole.

    I can see why he would make that argument because it's the best one NE can make to avoid paying. However, there is no way he is going to do anything other than make some argument to support NE's interest.

    At his press conference he stated 'given the circumstances' I don't believe we will owe the Big 12 anything. That was before we even knew that the TV deal would pay everyone else more.

    This is all just posturing out of him. At least we get a look at what the NE/CU argument will be.

    No one will know for sure what is owed until it's through the legal process, but the case he is making is no stronger than Beebe saying they do.


    "Blamo"! The new CF approved swear word.

  14. #14
    Legend
    Points: 197,738, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 17.0%
    Achievements:
    Veteran50000 Experience Points
    jbhtexas's Avatar
    Join Date
    Oct 2006
    Location
    Arlington, TX
    Posts
    10,675
    Points
    197,738
    Level
    100
    Thumbs Up
    Received: 98
    Given: 72

    Re: Perlmans take on penalty

    Here's section 3.2 from the Big 12 Handbook:

    http://www.cyclonefanatic.com/forum/...=1#post1769784

    Effect of Giving Notice. If a Member Institution gives proper Notice pursuant to Section 3.1 (a “Withdrawing Member”), then the Members agree that such withdrawal would cause financial hardship to the remaining Member Institutions of the Conference, and that the financial consequences cannot be measured or estimated with certainty at this time. Therefore, in recognition of the obligations and responsibilities of each Member Institution to all other Member Institutions of the Conference, each Member Institution agrees that the amount of revenue that would have been otherwise distributable to a Withdrawing Member 14 pursuant to Section 2 herein for the final two (2) years of the Current Term or the thencurrent Additional Term, as the case may be, shall be reduced by fifty percent (50%), with the remainder to be distributed to the other Member Institutions who are not Withdrawing Members or Breaching Members (as defined below) as additional Conference revenues in accordance with Section 2 herein. The Member Institutions agree that such reduction in the amount of revenues distributed to a Withdrawing Member is reasonable and shall be in the form of liquidated damages and not be construed as a penalty.
    You see Harvey, it really doesn't matter if the conference suffers hardship or not when a team withdraws. You agreed that it did by signing your Big 12 contract the last time the term was renewed, and you weren't forced to sign that contract. You agreed that withdrawing causes hardship, and you agreed that this hardship can't be measured, and you agreed that the revenue of a school that withdraws will be reduced as specified as consideration for withdrawl because nobody knows what the hardship really is.

    Sorry Harvey...you agreed that a team withdrawing does cause hardship.


    Last edited by jbhtexas; 06-15-2010 at 10:08 AM.
    "Don't worry Boss...they can't do nothin' 'til they're through sparklin'..."

    Avatar - America's new superhero...Cenex Guy

  15. #15
    Rookie
    Join Date
    Sep 2008
    Posts
    395
    Thumbs Up
    Received: 0
    Given: 0

    Re: Perlmans take on penalty

    Quote Originally Posted by Stormin View Post
    Here is how I think it would work.

    Nebraska and Colorado are NO LONGER members of the Big XII Conference. Even though they play in the Big XII Conference in football and basketball in the coming year.
    They are still a part of the Big 12 conference until July of 2011.



Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
  • Football
  • Iowa State vs. North Dakota State
  • August 30, 2014
  • 11:00 AM