The Tennessee Titans are suing Southern California and coach Lane Kiffin for "maliciously" luring away assistant running backs coach Kennedy Pola a week before training camp opens.
Tennessee Football Inc., the company that owns the Titans, filed the lawsuit Monday in Davidson County Chancery Court against both the university and Kiffin.
The lawsuit accuses Southern California and Kiffin of violating Pola's contract that required him to have written permission to discuss a job with anyone other than the Titans.
Tennessee hired Pola as running backs coach in February only to lose him Saturday to Southern California as the Trojans' new offensive coordinator and running backs coach.
"USC and Kiffin maliciously intended to -- and did -- induce Pola to breach the Pola contract," the lawsuit charges.
"USC and Kiffin engaged in improper means in their procurement of the breach and were not legally justified in their actions. Kiffin and USC's actions, through him, were part of a course and pattern of conduct fostered by Kiffin and USC to use improper methods and means to the direct harm and damage of parties to contracts ..."
The Titans declined to comment Monday beyond the lawsuit.
Titans coach Jeff Fisher, a Southern California alumnus, said Saturday that Kiffin neglected to make the customary courtesy phone call to let him and the NFL team know he was interested in hiring Pola. Fisher himself had hired Pola, letting go Earnest Byner to free up the spot on his coaching staff.
Pola's contract ran at least to Feb. 14, 2011, with the NFL in the final year of its current labor agreement with the players.
The lawsuit lawsuit notes that written permission from the president and general counsel was needed because verbal "consent is inadequate." The lawsuit also notes Southern California and Kiffin, through Pola, knew about his contract requirements.
"Pola was not given express written consent by Tennessee Football or the Commissioner of the NFL to entertain employment with any other entity," the lawsuit argues.
The move left the Titans without a running backs coach one week before training camp opens, which the lawsuit argues disrupts planning, causes "potential loss of confidence by players" and the loss of salary and benefits already paid to Pola along with "future damage."
The lawsuit is particularly harsh on Kiffin for what it calls intentional actions. Kiffin said he first spoke to Pola on Friday, and then called Fisher on Saturday after Pola called him back, apparently to accept the job.
Kiffin acknowledged in a statement that timing wasn't perfect.
"I have spoken with Coach Fisher and he now has an accurate understanding of the timeline of events," Kiffin said. "We realize the timing of this isn't perfect for all parties, but this is a great opportunity and promotion for Kennedy."
Fisher told The Tennessean newspaper he was very disappointed in Kiffin's lack of professionalism. The lawsuit doesn't hold back in criticizing Kiffin for "furtherance of a culture of violation and avoidance of respect for the sanctity of contract, which Kiffin similarly practices ..." in inducing Pola to breach his contract.
The lawsuit notes Kiffin "abruptly departed" his coaching job at the University of Tennessee in January after just 14 months, which angered Volunteers' fans. Kiffin also lured four other Tennessee coaches to join him at Southern California, and the lawsuit also notes how Kiffin tried to hire Eric Bienemy away from NFL's Vikings, forcing Minnesota to redo his contract to keep the assistant.
The lawsuit asks for a jury trial and punitive damages and attorneys fees.
The Tennessean first reported the lawsuit on its website.
I realize this issue is minor, but its another speedbump that Kiffin seems to stumble over that keeps him in the spotlight.
The lawsuit is without merit. Its just to appease Tennessee fans. USC has no reason to abide by internal contract policy that they have no knowledge of. The only person the Titans can legitimately sue is Pola. USC and Kiffin, the Titans have no case against. The case against Pola is weak as well, because basically you can make the argument that the NFL and College football are completely separate organizations.
This is just because the Titans ownership share the state's hatred for Lane and USC and want to demonstrate that here. This is nothing more than a chest thumping from the Titans and the case will be dropped before it ever gets to court.
Most of what Socal says is true. This was only brought as a crotch kick to Kiffin. My guess is that the Titans may want to drag this out just long enough to get a deposition out of Kiffin, which should be hilarious because that guy keeps his mouth as tight as a $2 hooker.
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Sorry, I have a habit of skimming what he throws up, but the case against Pola isn't weak. According to his contract, he breached it several ways and the Titans can prevent him from working for any professional or amateur team. Either definition includes USC.
"Well, my wife assassinated my sexual identity, and my children are eating my dreams." -Louis CK
Killian wrote:Most of what Socal says is true. This was only brought as a crotch kick to Kiffin. My guess is that the Titans may want to drag this out just long enough to get a deposition out of Kiffin, which should be hilarious because that guy keeps his mouth as tight as a $2 hooker.
-edit-
Sorry, I have a habit of skimming what he throws up, but the case against Pola isn't weak. According to his contract, he breached it several ways and the Titans can prevent him from working for any professional or amateur team. Either definition includes USC.
Beat me to the punch. There's definitely merit to a lawsuit against Pola. As a practical matter, of course, look for that one to settle in exchange for a payment from Pola to the Titans.
War Wagon wrote:The first time I click on one of your youtube links will be the first time.
This suit seems designed solely to generate publicity and bad blood. The Tennessee Chancery court has no jurisdiction over USC and Kiffin. I don't know enough about Tennessee courts to say for sure - but the name "Chancery Court" also suggests that it is a court that grants equitable relief - such as enjoining the move from the Titans to USC. Again - no jurisdiction. The Titans dont want it to go to a federal Court because a real, "appointed" judge will throw the thing out as fast as possible seeing its just a case of slander vs USC.
Generally, to prove tortuous interference, you need to prove the following:
1) the defendant knew of the existence of the contract (and the relevant terms)
2) the defendant desired to induce one of the parties to the contract to break the contract in order to INJURE the other party (i.e., malicious intent)
3) the party breached the contract due to the defendant's inducement
4) injury resulted
The hardest thing to prove is that the defendant's goal was to injure the plaintiff. Just because USC caused someone to breach an agreement, and injury resulted, does not mean the Titans win. You need to have malicious intent.
Polas contract said that he wasnt to solicit employment with another entity while under contract with the Titans, however if USC made the contact with Pola, then Pola didnt solicit another job. It all leads back to the Titans trying to slander USC, perhaps a counter suit will make it go away.
I will leave the merits of the case to those on this board that make their living in that area.
What this will do is make it harder for him to hire coaches in the future. I no way will it be impossible, but it will make it more difficult. It also is another black eye for the USC program that doesn't need it at this point.
Lawsuit aside, Socaltrjn would be going nuts about this if the tables were turned and the Titans hired away a USC coach a few days before practice started in Aug.
Moving Sale wrote:I really are a fucking POS.
Softball Bat wrote:
I am the dumbest motherfucker ever to post on the board.
Left Seater wrote:I will leave the merits of the case to those on this board that make their living in that area.
What this will do is make it harder for him to hire coaches in the future. I no way will it be impossible, but it will make it more difficult. It also is another black eye for the USC program that doesn't need it at this point.
Lawsuit aside, Socaltrjn would be going nuts about this if the tables were turned and the Titans hired away a USC coach a few days before practice started in Aug.
if they hired the runningbacks coach? Yeah, Id be bitter. The Trojans have had turnover in their staff every year since 2004, thats what had made them under perform the last 5 years.
Left Seater wrote:I will leave the merits of the case to those on this board that make their living in that area.
What this will do is make it harder for him to hire coaches in the future. I no way will it be impossible, but it will make it more difficult. It also is another black eye for the USC program that doesn't need it at this point.
Lawsuit aside, Socaltrjn would be going nuts about this if the tables were turned and the Titans hired away a USC coach a few days before practice started in Aug.
You got that right.
Remember - USC is perfect and has never done anything wrong.
At all.
Of course they did stuff wrong, they didnt look far enough in to where reggie Bush got the 4,000 dollar car to see that the money came from an agent. Thing is, these other schools have now had the same issue an suddenly the media has flipped its story saying it is no longer the schools fault but the agents who prey on student athletes.
