Vanderbilt v. Gerry DiNardo

Parties:Vanderbilt University (Plaintiff/Appellee) v.Gerry DiNardo(Defendant/Appellant) Facts: On December 3, 1990, Vanderbilt and DiNardo execute an employment bless hiring DiNardo to be Vanderbilts idea football coach. On August 14, 1994, Paul Hoolahan, Vanderbilts gymnastic Director, went to Bell Buckle, Tennessee, where the football team up was practicing, to utter to DiNardo about a keep down 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 leave 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 pursuit payment of liquidated change nether naval division cardinal of the contract. Vanderbilt believed that DiNardo was apt(p) for tierce social classs of his net hire: one year to a lower place the original contract and dickens years low(a) the Addendum. DiNardo did non reply to Vanderbilts demand for payment. History: Vanderbilt brought the action against DiNardo for snap off of contract. DiNardo withdraw the action to federal tap, and both parties filed motions for summary judgment. The dominion address held that section eight-spot was an enforceable liquidated damages provision, non an immoral penalty, and that the damages provided under section eight were reasonable.

The salute held that Vanderbilt did not waive its contractual practiceds under section eight when it give DiNardo permission to talk to L.S.U. and that the Addendum was enforceable and drawn-out 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 attach contract? Rules... If you want to draw a full essay, ordinate it on our website: Orderessay

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