Vanderbilt v. Gerry DiNardo

Parties:Vanderbilt University (Plaintiff/Appellee) v.Gerry DiNardo(Defendant/Appellant) Facts: On December 3, 1990, Vanderbilt and DiNardo penalize an employment bless hiring DiNardo to be Vanderbilts percentage point football coach. On August 14, 1994, Paul Hoolahan, Vanderbilts gymnastic Director, went to Bell Buckle, Tennessee, where the football group was practicing, to lambast to DiNardo about a slew extension. In November 1994, atomic number 57 State University contacted Vanderbilt in hopes of remark with DiNardo about becoming the head football coach for L.S.U. Hoolahan gave DiNardo license 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 quest payment of liquidated change nether partitioning eighter of the contract. Vanderbilt believed that DiNardo was apt(p) for terzetto social classs of his net compensation: one year down the stairs the original contract and two years infra the Addendum. DiNardo did non oppose to Vanderbilts demand for payment. History: Vanderbilt brought the action against DiNardo for bruise of contract. DiNardo withdraw the action to federal tap, and both parties filed motions for summary judgment. The territory approach held that section eight was an enforceable liquidated damages provision, non an immoral penalty, and that the damages provided down the stairs section eight were reasonable.

The court of justice held that Vanderbilt did not waive its contractual proper(ip)s under section eight when it give DiNardo permission to talk to L.S.U. and that the Addendum was enforceable and encompassing 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 Addendum to the contract enforceable? Was the Addendum not a valid and binding contract? Rules... If you want to suck a full essay, position it on our website: Ordercustompaper.com

If you want to get a full essay, visit our page: write my paper