Nonstopdrivel
13 years ago
Why are courts so hesitant to award specific performance?
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beast
13 years ago

Actually, if I were Josh Bell and really wanted to be an asshole, I'd find a sleazeball attorney and sue the Packers for breach of contract.

Originally Posted by: Wade 



For not giving a Super Bowl ring to someone to be breach of contract, wouldn't the ring and/or Super Bowl winnings have to be written into the contract? I have no idea if it is or isn't but my guess is that's it's not talked about in the contracts but more of something assumed.

Also I believe I've read some where the rings are normally considered a gift from the owners (at least in the in the NFL legal writing) and therefor the NFL and Owners lawyers would argue that point, saying Owners can choose to give or not give a gift to whom ever you choose.

In the Packers case, Mark Murphy and some of the top staff might do that instead of the Owners.

Of course you can try to sue about anything... but it doesn't mean you won't lose and have the pay the lawyer bills of both sides.
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Wade
  • Wade
  • Veteran Member
13 years ago
Rourke:
Courts don't like ordering people to take a specific action. They tend to focus instead on "making the injured party whole," on providing the value they would have received but for the breach. And they tend to think "a dollar worth of value" is the same everywhere.

Specific performance requires them to say "this particular value can only be received one way.

Its the difference between buying a house and agreeing to mow the house's lawn. If I pay a kid to mow my lawn and he doesn't do it, I can hire someone else to do it instead. My "damages" are the money I paid the kid. So the court would award me those damages (make the first kid repay me) and I'm where I'd be without the breach, with the lawn mowed minus the cost of mowing. On the other hand, if the kid's dad agrees to sell me his cool house next to Jessica Biel's mansion, the only way I'm going to get what I expected is if I get *that* house. If I just get my money back, I'm still without being able to see Jessica in a bikini from my back yard. I haven't been made, er, whole.


Beast:
I didn't say the sleazy lawyer would win. But I think they'd have a good case -- especially since the Packers ended up with how many people on IR? And if every one of them, except Bell, got a ring worth at least 30,000, it doesn't look all that much like a gift. Getting a ring for the owner's mistress or favorite son is a gift. Giving a Christmas ham to every employee is a gift. Giving a ring worth five figures to every employee....well, if I were an ordinary for-profit enterprise, I wouldn't want to argue to my shareholders that it's a gift.

Do the Packers file a gift tax return for each of the other 150 plus recipients? (Since it's beyond the annual exemption amount, if it's a gift, its a gift subject to the gift tax.)

It smells like an employer holding a grudge getting back at someone for not accepting a lower salary than already promised. (Oh, yes, and if an employer gave everyone a ham except one employee who pissed the boss off ... then I'd make the same argument. That would also smell.)


And do not be conformed to this world, but be transformed by the renewing of your mind, that you may prove what is that good and acceptable and perfect will of God.
Romans 12:2 (NKJV)
Zero2Cool
13 years ago
Josh Bell didn't want the injury settlement because it was LESS than what he'd get on Inured Reserve. He contributed nothing to the team in leadership or anything of the sort.

Four pages on JOSH BELL??? What, the, HELL!
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mi_keys
13 years ago
Wade,

Out of curiosity would the gift tax apply to the Packers when it's the NFL that buys the 150 rings? I'm guessing that the point of the gift tax above a certain threshold is to prevent companies from dumping off earnings as "gifts" back to investors or employees tax-free instead of with a taxable dividend or income. Would the NFL be the ones to pay the gift tax?
Born and bred a cheesehead
nerdmann
13 years ago

Josh Bell didn't want the injury settlement because it was LESS than what he'd get on Inured Reserve. He contributed nothing to the team in leadership or anything of the sort.

Four pages on JOSH BELL??? What, the, HELL!

Originally Posted by: Zero2Cool 





I agree. He forced the team to pay him $500,000.00, rather than taking a settlement and trying to hook with another team. Makes him less attractive as a player, especially now that he's bitching about wanting a ring.
It's a shame too, because I actually liked Bell. He's a Charlie Peprah type player, at CB.
“Winning is not a sometime thing, it is an all the time thing. You don't do things right once in a while…you do them right all the time.”
Nonstopdrivel
13 years ago
What's so wrong with his decision? If he suspected the Packers had a chance to go a long way and perhaps be a perennial winner, wouldn't it make sense to try to hang around and compete for a job the following year?
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Zero2Cool
13 years ago

What's so wrong with his decision? If he suspected the Packers had a chance to go a long way and perhaps be a perennial winner, wouldn't it make sense to try to hang around and compete for a job the following year?

Originally Posted by: Nonstopdrivel 



](*,) 😣 😣 😣 😣 😣
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nerdmann
13 years ago

What's so wrong with his decision? If he suspected the Packers had a chance to go a long way and perhaps be a perennial winner, wouldn't it make sense to try to hang around and compete for a job the following year?

Originally Posted by: Nonstopdrivel 




It's what I would have done. But why sign a guy if he's gonna force you to pay him a half mil instead of accepting an injury settlement and then try to go actually earn some money somewhere?

“Winning is not a sometime thing, it is an all the time thing. You don't do things right once in a while…you do them right all the time.”
Wade
  • Wade
  • Veteran Member
13 years ago

Wade,

Out of curiosity would the gift tax apply to the Packers when it's the NFL that buys the 150 rings? I'm guessing that the point of the gift tax above a certain threshold is to prevent companies from dumping off earnings as "gifts" back to investors or employees tax-free instead of with a taxable dividend or income. Would the NFL be the ones to pay the gift tax?

Originally Posted by: mi_keys 



I dunno. Indeed, now that I think about it, I'm not even sure that the gift tax applies to artificial persons (i.e. corporations). It's probably just "meals and entertainment expense" or some such, like the party favors at a corporate-hosted banquet.



And do not be conformed to this world, but be transformed by the renewing of your mind, that you may prove what is that good and acceptable and perfect will of God.
Romans 12:2 (NKJV)
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beast (3h) : Yeah, but also some of the wording suggestions Jax only pranked called the QB, not the others... and if he had an open spreadsheet & 3 calls
beast (3h) : Thank goodness he's not leaving the Turtle in the Red Tide
Mucky Tundra (3h) : Cowboys 1st round pick Tyler Booker will indeed be bringing his pet turtle to Dallas with him
Mucky Tundra (3h) : that contained all prospects info and contact
Mucky Tundra (3h) : beast, according the Falcons statement Jax came across it on an ipad. If I had to guess, probably an open spread sheet or something
Zero2Cool (4h) : Simmons put up an emoji with cheese.
beast (4h) : Not sure anyone is interested in Isaiah Simmons... Collin Oliver might of taken his potential slot
beast (4h) : I'm going with Jax Ulbrich is not telling the whole truth... he accidentally came across it? Why would a defensive coordinator have a QB #?
Zero2Cool (5h) : He's not that great, but final piece of the script.\
Zero2Cool (5h) : If we add Isaiah Simmons, book your Super Bowl tickets
Mucky Tundra (5h) : Colts 1st round TE Tyler Warren also got prank called, was that Jax Ulbrich as well?
Zero2Cool (5h) : Jax Ulbrich, Jeff Ulbrich’s son, released an apology for his role in the Shedeur Sanders prank call.
Martha Careful (5h) : apparently he did not participate in practice or play on the east west shrine game nor the NFL combine. The kid was a mediocre spoiled brat
Mucky Tundra (5h) : Yeah that one that was a super wounded duck that Sanders supporters are highlighting to prove a point
Zero2Cool (6h) : Shough is the guy who missed guys at combine isn't he?
beast (6h) : It's not official until I'm dead! I have a chance still! (Not really)
Mucky Tundra (15h) : I could feel my body decomposing in real time when I read that
Mucky Tundra (15h) : @MIKEYSAINRISTIL Tyler Shough will officially be the last person drafted to the NFL born in the 1900’s
Mucky Tundra (26-Apr) : saw the tweet, he meant the city
Mucky Tundra (26-Apr) : Was that for the team or the city?
Zero2Cool (26-Apr) : Adam Schefter @AdamSchefter · 3m Draft grade is in: Green Bay gets an A. The people, the city, the venue were all superb. NFL Draft’s next
Zero2Cool (26-Apr) : Matt LaFleur says Jaire Alexander is participating in #Packers offseason program, which has been conducted virtually during this first week
Zero2Cool (26-Apr) : ✅ ...
buckeyepackfan (26-Apr) : Check
Zero2Cool (26-Apr) : Matthew Golden cahanged 81 to 22??
TheKanataThrilla (26-Apr) : Sam Howell to Vikings...guess no Aaron
Martha Careful (26-Apr) : 1 round 7 min, with one extra minute if there is a trade. 2nd round 4 minutes, 3rd -3, 2 thereafter IMO
Martha Careful (26-Apr) : Agree
dfosterf (26-Apr) : Great idea imo
dfosterf (26-Apr) : 1st round to 7 minutes with one extension
dfosterf (26-Apr) : NFL comissioner wants to shorten the 2st
Mucky Tundra (26-Apr) : @jalenreagors They’re discussing if Sheduer can go back to college on NFL Network LMFAOOOOO
beast (26-Apr) : Great point Martha
beast (26-Apr) : Buddy Ryan used to say if a candy bar goes missing, there are two to blame, Rex and Rob 🤪 jk 😁
Martha Careful (26-Apr) : Bum Phillips used to say there are two ways to get better. Get better players or get players to play better. We have a new DL coach
Zero2Cool (26-Apr) : Yes. Look at the losses last year. They can win.
beast (26-Apr) : Can Packers win with their current DL?
bboystyle (26-Apr) : waiting for a pass rusher.
dfosterf (25-Apr) : 5 minutes between picks in the 3rd
dfosterf (25-Apr) : 3rd. Hate this phone
dfosterf (25-Apr) : 4rd
dfosterf (25-Apr) : 5 minutes in the 4
dfosterf (25-Apr) : 7 minutes between picks in the 2nd round
Martha Careful (25-Apr) : Sorry to bitch, but the headline writers in that section absolutely mislead, or don't know how to read. It is maddening
Martha Careful (25-Apr) : No thanks. Not a dependable guy to be in the right place and run the right route. Dumb as a box of rocks.
Zero2Cool (25-Apr) : Losing 2nd round pick for a one year rental, not ideal. Especially a headcase.
TheKanataThrilla (25-Apr) : Pickens for Jaire may be interesting. Definitely not sure we want Pickens long term.
dfosterf (25-Apr) : No.Absolutely not
Zero2Cool (25-Apr) : NO NO NO NO NO NO!!1 🤬🤬🤬🤬🤬
dhazer (25-Apr) : scenario: Our main prospects are off the board when our pick comes around, do we just throw a 2nd round pick at Pittsburgh for Pickens
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