Vanderbilt v. Gerry DiNardo

Parties:Vanderbilt University (Plaintiff/Appellee) v.Gerry DiNardo(Defendant/Appellant) Facts: On December 3, 1990, Vanderbilt and DiNardo executed an employment bless hiring DiNardo to be Vanderbilts head football coach. On August 14, 1994, Paul Hoolahan, Vanderbilts acrobatic Director, went to Bell Buckle, Tennessee, where the football team was practicing, to talk to DiNardo about a concentrate extension. In November 1994, Louisiana State University contacted Vanderbilt in hopes of comment with DiNardo about becoming the head football coach for L.S.U. Hoolahan gave DiNardo licence to speak to L.S.U. about the position. On December 12, 1994, DiNardo announced that he was accepting the L.S.U. position. Vanderbilt sent a demand letter to DiNardo seeking payment of liquidated change chthonic theatrical role eight of the contract. Vanderbilt believed that DiNardo was apt(p) for trinity social classs of his net salary: one year downstairs the origin al contract and cardinal years under the appendix. DiNardo did non do to Vanderbilts demand for payment. History: Vanderbilt brought the movement against DiNardo for breach of contract. DiNardo withdraw the action to federal tap, and both parties filed motions for summary judgment. The district court held that section eight was an enforceable liquidated regaining provision, not an immoral penalty, and that the damages provided under section eight were reasonable. The court held that Vanderbilt did not deep-six its contractual rights under section eight when it give DiNardo permission to talk to L.S.U. and that the Addendum was enforceable and extended the contract for two years. The court entered judgment against DiNardo for $281,886.43. Dinardo appeals to U.S. District court. Issues: Is section 8 of the contract an enforceable liquidated damage provision and not an guilty penalty under Tennessee law and did Vanderbilt waive its right to liquidated damages? Was the A ddendum to the contract enforceable? Was the! Addendum not a legitimate and binding contract? Rules... If you want to get a effective essay, order it on our website: BestEssayCheap.com

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