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It sends a message that if you don't have a lot of money, go through the motions of hiring minority candidates but don't hire the minority candidate lest you risk a lawsuit for racism. :hot:Quote:
Originally Posted by Boomer
Nice going Jerry B., you idiot!
Before we make this an "LSU thing"... I want to remind everyone that Baldwin was hired... then fired... by the University of Louisiana System (i.e. the state of Louisiana), which means that any monies paid out are paid out of state funds.
That still doesn't mean that I want a piece of crud like Baldwin to get a DIME!
I believe you're wrong on the calculation. Legal interest runs from the date of judicial demand; not from the date of the entry of the judgment.Quote:
Originally Posted by AstroCajun
Hum? Against the State?Quote:
Originally Posted by Chris V.
I'm not aware of any special law applicable to the calculation of legal interest in a judgment rendered against the state.
I am aware no judgment against the state (including interest) can be enforced unless sovereign immunity is waived. Generally speaking, although I admit this isn't my area of practice, judgments against the state are satisfied by way of special legislative appropriations
Law dork coming through...
La. R.S. 13:5112. Suits against the state or political subdivision; court costs; interest
...
C. Legal interest on any claim for personal injury or wrongful death shall accrue at six percent per annum from the date service is requested following judicial demand until the judgment thereon is signed by the trial judge in accordance with Code of Civil Procedure Article 1911. Legal interest accruing subsequent to the signing of the judgment shall be at the rate fixed by R.S. 9:3500.
...
Did anyone see the story on KATC? They mentioned that Baldwin has now won three times in court against UL, which is half of the wins he accumulated as head coach of the football team in three seasons. I thought that was pretty darn funny.
Hey, I thinks its neat when even a McNeese fan can chip in and help the Cajuns involving a discussion to beat back that idiot Baldwin.Quote:
Originally Posted by Chris V.
Thanks... Cowboy!
Not to mention that the Trial Judge, who is black and an LSU law grad, threw the case out initially on a summary judgment (that ruling got reversed on appeal so it went back to the trial court for a trial).Quote:
Originally Posted by CajunRed
Atta boy bummer! Way to show your true colors. This school has no sense of direction and enough of an image problem without clowns like you spouting off your stupidity on a daily basis. Some of you people just cannot help yourselves and get over your envy and hatred of that school to the east!!!! Just come out and say what you really want to say about baldwin. We all know what that is.Quote:
Originally Posted by Boomer
Who's we? you may have your own opinion, and if you do, please let us know what that is. I think he's a bad coach, who doesn't know how to take responsibility for his own actions. What do you think?Quote:
Originally Posted by cayenethepepper
Dude you are an idiot. What Boomer is saying is that a white guy could not win a racial suit if he was fired. Baldwin was fired for losing period. I did play for Baldwin and he was a racist IMO and he played favorites as well. I chose to focus on track instead of football at that point. We as society would be better off if everyone would quit looking at color and blaming ones ethnic background for the reason one succeeds or fails. Baldwin FAILED period. I mean come on guy we were the only 1A school in America with two minority head coaches but we lose a racial lawsuit. We were also the first school in the country to offer black athletes scholarships. Get the ____ out of here you piece of ____.Quote:
Originally Posted by cayenethepepper
Quote:
Originally Posted by cajun4life
Pepperboy I is wanna be. Never went to refineryville but dislikes the cajuns and lives here. Serious Kool-aid drinker.
Call in show expert who knows squat.
Boomer may have misfired on the LSU connection... although, I am constantly reminded that LSU "owns" this state... is it time to tag them with complete responsibility... or just athletic national championships... hummm?
But, as for trying to call out Boomer as a racist... that's classless. Baldwin has made this a race thing... which it was not. Premise: He was hired with fairly clear indications that he was a black man. Conclusion: He was not fired therefore because he was a black man, nor denied equal opportunity to succeed due to race. I believe the university had as much to gain or lose from his success or lack thereof than Baldwin. They would not intentionally deny him. The UL administration should go on record showing how inept they are at anything in football management, and that would clearly demonstrate a lack of intelligence, not an intent to do harm. He and every coach in UL football history should be given a letter, not money, that apologizes for how poorly football has been managed by all former UL administrators.
I do believe the state is being represented poorly. I have no law credentials, but would have achieved getting this thrown out on its initial voyage and any and every appeal to follow. They could not throw a pitch at me on this deal that would not simply be the precursor to measuring for record bat/ball impacts. The UL legal team can easily prove that UL has never done right by football and therefore should not ever be held to any standard higher than Baldwin could achieve. They simply terminated him because they were as clueless as to what to do as Baldwin was as a football coach.
Baldwin has no right whatsoever in gaining financially from this pathetic affair. I would like to see a judgement that does not go in favor of Baldwin, but clearly goes on record stating that UL has never properly managed the football program. The state and the prior UL admin are only guilty of being poor sponsors of UL football... but not being racist.
I also think last year's 3-9 record is proof that it doesn't matter what the color of your skin is... the peak of success is currently .500 or thereabout and the norm is somewhere below that. We will achieve nothing more until the management does something... I mean everything... about it... unbridled private funding... with benefits.
*slow clap*
I regretfully agree with your post 100%. We as fans can only hope that a change in management will change our fate.
That "with benefits" part is what the NCAA is constantly trying to nail us with and is what Dr. A constantly fought against, although I think he took it WAY too far. What Doc T-Joe needs to do now is put together a committee to start a 100 million dollar sports foundation in exactly the same way Dr. A built up our 100+ million dollar academic foundation.
(Oh yeah, and let those guys do their JOB!!! .~..~..~.)
Man ---I guess the "Little knowledge of a subject is dangerous" applies to your assertion of my post---Just a reminder of how stupid this suit is and of what a joke for the same suit of racism to be filed at LSU in the Brady firing!!!! Take a chill pill and don't read into a post something that you have no idea of the reasons for its being posted!!!! After all the things in my life that I have endurded over my stance on the race issue --It is insinuated my being a racist---AAAH sorry pal!!!!
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<table bgcolor=#eaeaea> <td> <font color=#000000> <blockquote> <p align=justify>
On Wednesday, a judge denied UL's request for a new trial in its battle against discrimination claims made by former head football coach Jerry Baldwin.
The university is now calling upon the First Circuit Court of Appeals to decide on the matter. UL attorneys filed the appeal after 19th Judicial District Judge Don Johnson denied a motion for another trial Wednesday.
"We are pleased that we can now bring this to the Court of Appeals and right this wrong," said Larry Marino, one of the attorneys representing UL in the case. "UL's got a long and proud history of diversity, racial diversity, not least of which was hiring Coach Baldwin in the first place. After a 6-27 record, we let him go, and there was not a stitch of evidence that his race was a reason that he was fired and that will come out in appeal."
<center><p><a href="http://www.theadvertiser.com/apps/pbcs.dll/article?AID=/20080710/NEWS01/807100325/1002" target="_blank">The rest of the story</a>
Marsha Sills • msills@theadvertiser.com • July 10, 2008
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In October, a 19th Judicial District Court jury voted 10-2 to award Baldwin $2 million based on claims in his lawsuit that included discrimination, emotional distress and breach of contract.
In April, Johnson defended jurors' decision after UL attorneys' argued that at least two jurors couldn't recall how they answered some of the questions that led to the $2 million verdict. Johnson also denied UL attorneys' argument that Baldwin's attorneys' fees were excessive, which at the time were in excess of $800,000.
Marino said counsel opted to exhaust its options before appealing to a higher court in order to correct "errors" made in the process.
"There are so many errors in this case that we believed that we have a chance to clear up some of these, if not all of them," Marino said. "So we have pursued this at all levels that we possibly could. This is the last of the mechanisms, or means available to us at the trial court level."
Baldwin's attorney, Karl Bernard could not be reached for comment late Wednesday afternoon.
Marino said the appeals process will reveal evidence of a "runaway jury."
"On appeal, it's going to come out very clearly that we had a confused, runaway jury," he said. "That there was an inappropriate member on that jury: a woman who had an unresolved claim of discrimination by her white supervisor and yet the judge let her stay on the jury."
Marino referred to more inconsistencies among jury members in the voting process - arguments that didn't gain ground with Johnson.
"They held that Coach Baldwin was not fired because of his race, but they also held that race was a determining factor in his firing. That's inconsistent," Marino said. "You also have them saying breach of contract, but in finding that, also finding there was an abuse of rights. ... How can you find an abuse of rights if there was a breach of contract?"
According to court records, jurors supported Baldwin's claims of breach of contract, but did not find that it was in bad faith. One of the conditions for the concept of abuse of rights is a good faith violation, according to instructions given to the jurors.
Jurors also found evidence of interference with Baldwin's contract by former Athletic Director Nelson Schexnayder, who was named in the suit.
Jurors did not find that there was an intentional infliction of emotional distress, however did vote that there was evidence of negligent infliction.
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If this suit stands . . . Baldwin will have been paid $416,666 for every win he produced at UL.
Back when Baldwin was refired from duty the highest paid football coach in the NCAA was Steve Spurrier with a 2.1 million dollar contract. He won 10 games in 2001 and so was paid $210,000 per win.
Moral of the story? Perhaps good coaches are cheaper than bad coaches. :o:
LOL! Check out the comments section. The colonel and Alcajun let everyone know in NO uncertain terms that even ______es can get an 8th grade education!Quote:
Originally Posted by NewsCopy
Z
I noticed the comments under the article and got a good chuckle from those idiots.Quote:
Originally Posted by Zeebart21
I would like to see the court papers for this case. I would just like to see how Baldwin was treated unfairly or wrongfully terminated. When I first heard about this lawsuit, I seriously laughed thinking that Baldwin was just bitter and looking for a buck. But then he actually won the suit and it went from funny to bewilderment. The fact that the University was one of the first University's in the South to encourage the advancement of African Americans in athletics would do something like this is a head scratcher. No matter the outcome of the Appeal, the damage is done, I don't know how much the University had payed for legal fees but i'm sure it's a good bit. We got one black eye when we didn't win with this clown, and now we've got another one from this suit. It's sad and sickening.
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<table bgcolor=#eaeaea> <td> <font color=#000000> <blockquote> <p align=justify>
UL's appeal to the 1st Circuit Court has former football coach Jerry Baldwin's lawyer unphased.
"We believe that the 1st Circuit Court of Appeal will find that the jury's verdict was in fact based upon sound competent evidence," said Karl Bernard, Baldwin's attorney.
<center><p><a href="http://www.theadvertiser.com/apps/pbcs.dll/article?AID=/20080711/NEWS01/807110301/-1/NEWSFRONT2" target="_blank">The rest of the story</a>
Marsha Sills • msills@theadvertiser.com • July 11, 2008
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On Wednesday, UL attorneys' attempt for a new trial was denied in court. Bernard was unavailable for comment Wednesday afternoon.
Larry Marino, one of the UL attorneys handling the case, cited a "runaway" and confused jury as one of the reasons why UL has continued to fight a jury's 10-2 decision last October to award Baldwin $2 million for his claims that he was fired because he was black. On Wednesday, Marino also claimed that one juror had a pending discrimination claim against her white employer.
Bernard disagreed with Marino's claims.
"The record will show that everyone in the trial, prior to the decision being made was pleased with the make-up of the jury - from gender standpoint, racial standpoint, economic standpoint," Bernard said Thursday. "We all praised the jury after the jury was seated because of the outstanding members that were among the jurors, including retired professionals."
Baldwin was hired by UL in 1998 and was fired in 2001. The university paid out his contract for the remaining two years. University officials have maintained that the coach was terminated because of his losing record of 6-27 during his tenure at UL.
UL has fought the verdict with several motions, all of which were denied by 19th Judicial District Judge Don Johnson.
Last year, the 1st Circuit reversed Johnson's decision on a partial summary judgment that dismissed Baldwin's claim of discrimination.
Baldwin hasn't spoken to the media about the case. He's now pastor of New Living Word Ministries in Ruston. The church's Web site offers a biography on Baldwin and includes information on his past coaching career, including his time at UL.
"He's not going to comment during this particular time," Bernard said. "We recognize based upon comments from the lawyers representing the Board of Supervisors that this case is not over. We'll continue to press forward."
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Duh, the only "evidence" in this fiasco is "6-27" and whatever the contract said about compensation.Quote:
Originally Posted by NewsCopy
You do know that his attny Karl Bernard is a former UL player? Just a reminder....Thanks Doc A!Quote:
Originally Posted by ULtimateCajun
I wonder if Jay would be willing to write the next UL expose' "Fumbled: The Jerry Baldwin Saga" detailing the events leading to the hiring of Baldwin and the subsequent lawsuit.