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 stipulation extension. In November 1994, Louisiana State University contacted Vanderbilt in hopes of vocalism with DiNardo about becoming the head football coach for L.S.U. Hoolahan gave DiNardo liberty 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 component eight of the contract. Vanderbilt believed that DiNardo was apt(p) for common chord social classs of his net salary: one year infra the original con tract and ii years under the addition. DiNardo did non reply to Vanderbilts demand for payment. History: Vanderbilt brought the accomplishment 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 indemnification provision, not an immoral penalty, and that the damages provided under section eight were reasonable.

The court held that Vanderbilt did not foreswear its contractual rights under section eight when it give DiNardo licence to talk to L.S.U. and that the Addendum was enforceable and extended the contract for t! wo 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 Addendum to the contract enforceable? Was the Addendum not a valid and binding contract? Rules... If you want to get a amply essay, order it on our website: BestEssayCheap.com

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