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Sports 790

Discussion in 'BBS Hangout' started by pgabriel, Dec 10, 2004.

  1. MadMax

    MadMax Member

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    ongoing compensation is not even among the factors considered for enforceablility in a Texas court.
     
  2. NJRocket

    NJRocket Member

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    I know from personal experience that these clauses didn't hold up in the past when I hired guys with non-competes...for the same reason why this one looks as though it won't hold up. If Texas law is different, then so be it, but it seems as though Charlie will stay on the air because he wasn't being compensated by his former employer.
     
  3. Rockets34Legend

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    [​IMG]

    The guy on the right currently works with Fox Sports West (I think). I usually see him during halftime and the post game during Lakers and Clippers games.
     
  4. Rivaldo2181

    Rivaldo2181 Member

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    He is great at play by play but not as good at the talk show portion of his job...He talks TOO much, I feel bad for Rich b/c he rarely gets to give his opinion because Van der meer dominates the convo...I like Charlie Palillo and since he has left the "Drive time playas" just aren't the same...I'll probably tune in to Charlie more. I noticed last night around 2 am that the station was FOX sports, I thought it was an ESPN run station. Isn't FOX their rival?
     
  5. MadMax

    MadMax Member

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    no...that's not at all what the article says

    "However, Brian Zimmerman, Pallilo's attorney, said that since Pallilo did not receive specific compensation for the non-compete clause, which was not present in his first three-year deal with Infinity, he was free to appear immediately on KBME."

    but i'm sure you know more about this than i do.
     
  6. NJRocket

    NJRocket Member

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    Does he have a non-compete?

    Yes

    Is he getting compensated?

    No

    Can he go on the air?

    Yes

    Doesn't seem like the non-compete is holding up at the moment.
     
  7. MadMax

    MadMax Member

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    NO KIDDING, EINSTEIN!!! BUT NOT FOR THE REASON YOU ASSERTED!!!

    Pipe and I both said that these things are enforceable, assuming the language is correct. I specifically said that without actually reading the contract, I had no idea if it would be enforceable or not. But that generally, here is the criteria for enforceability...and then related personal experience in actually enforcing these things in Texas, which by the way, is the state whose laws control in this specific matter.
     
  8. NJRocket

    NJRocket Member

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    Max...I don't claim to know anything close to what you know when it comes to Texas law...but what i DO know is that my experience was different than what you are stating...and possibly because it was in another state.

    What I also know is that this guy apparently has a non compete and is working
     
  9. MadMax

    MadMax Member

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    NJ -- Texas law controls here...not your experience in NJ. the reasons you stated this thing would not be enforceable are not even taken under consideration here in Texas. get it??? so to come in and say, "see...i told ya so" rings very, very hollow...because you didn't tell us jack. It had nothing to do with why this thing was ultimately not enforced..which is exactly what Pipe and I were pointing out.
     
  10. SamCassell

    SamCassell Member

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    NJRocket might not be a lawyer, but I have sources that tell me that he did stay at a holiday inn express last night.

    :p
     
  11. NJRocket

    NJRocket Member

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    It isn't being enforced ...and I told you it wouldn't be....so therefore, I told ya so
     
  12. NJRocket

    NJRocket Member

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    true...i have to go perform emergency surgery now
     
  13. Miguel

    Miguel Member

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    AHAHA That was you! I remember that call. :D

    That was pretty hilarious. :p
     
  14. MadMax

    MadMax Member

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    huh? did i say it definitely would be enforced?? how did you "tell me so??" i said, these kinds of contracts are enforceable..i showed the grounds by which they were enforceable...and then said i didn't know if this one would be enforceable or not, because i've never read it.

    so how again did you tell anyone so???
     
  15. NJRocket

    NJRocket Member

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    Ummm, because I said it wouldn't be enforced and it isn't ...have a cream soda sydney and calm down...sheeesh!

    Its ok to be wrong sometimes.:p
     
  16. MadMax

    MadMax Member

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    how am i wrong, again?
     
  17. NJRocket

    NJRocket Member

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    I like horses
     
  18. Miguel

    Miguel Member

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    :mad:
    That was cruel Chance, who's in charge of switching over to Rome/Premier Radio? I started to hear Colin Cowherd's show, I was like "WHAAAAAAAAAAAT WHERE'S MY YEAR IN REVIEW?!"

    :p

    Next week on Rome:
    Andrew Sicilliano
    Rich Eisen
    George Lopez
    John Feinstein


    Monday - Wednesday should rawk, I don't like Feinstein too much.
     
  19. Chance

    Chance Member

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    The argument is about compensation but in this case we are not talking about monetary compensation. Did we pay him? Of course. We paid him we.. and what he was worth and agreed to. The non-compete portion of it deals with how we compensated him, meaning what more did we give him as far as experience and skillset, that he did not have prior to going into the non-compete time frame. He argued...and won...that we didn't do ****. We did not teach him one thing. We did not facilitate him making one new contact. We did not provide him with a single new experience which he could draw upon. We did not promote him and build upon his legend. We did nothing that made him a more sought product. His attorney argues this and won.

    Personally, I disagree. We provided a forum for him. If he had been sitting in his apartment for the past three years he would not be as valuable as he is because of us. He would not have went to China. He would not have done hundreds of hours of Texans pre and post game.

    He won. Congratulations. He signed a non-compete and lawyered his way out of it. Way to be a pillar.
     
  20. MadMax

    MadMax Member

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    wait...don't run away. you kicked this thing off with you're "i told you so," followed by a moderated, "I don't claim to know anything close to what you know when it comes to Texas law," which was usurped by your "Its ok to be wrong sometimes."

    so i ask again...how am i wrong???
     

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