July 27, 2010

Never one to seemingly be away from controversy, USC Head Coach Lane Kiffin is back in the national media spotlight again.

Kiffin and USC were sued (lawsuit here) by the NFL’s Tennessee Titans for the circumstances surrounding the recent USC hiring of now former Titans Running Back coach, Kennedy Pola.

The lawsuit was filed in Davidson County Chancery Court and it claims Pola breached his contract with the Titans after being induced by Kiffin. Pola, hired by the Titans in January, was hired by USC over the weekend as the school’s new offensive coordinator.

Over the weekend, Coach Jeff Fisher, a former Southern Cal player, sounded off against Kiffin, who formerly coached at the University of Tennessee, for recruiting Pola without first asking for permission to speak to him. (via The Tennessean)

The Titans are suing under the theories of common law tortious interference of contract and inducement of breach of contract, both claims stating the belief that Kiffin, and USC by way of Kiffin, intentionally and maliciously induced Pola to breach his contract with the Titans, to the Titans detriment.

Pola had provisions in his contract stating that he could not directly or indirectly work for or entertain offers with another team with the express written consent of the Titans organization.

Without being privy to all of the details, it looks like the case will come down to a matter of proving intent.  There apparently being no written consent from the Titans, there seems to be a breach of contract by Pola, and its a matter of whether or not Kiffin intentionally interfered with, or induced Pola to breach the contract.  You’ll remember from a few days ago, Kiffin was treating the entire situation as a misunderstanding, which could have the effect of negating the intent element,

“We reached out to Kennedy Pola (on Friday) to gauge whether he had any possible interest in returning to USC before we moved forward with the process,” Kiffin said in a statement released by USC.

“Kennedy said he would think about it and get back to us (Saturday). Once Kennedy did call back earlier today, out of my great respect for Coach Fisher I immediately reached out to Coach to make him aware of the situation. I have spoken with Coach Fisher and he now has an accurate understanding of the timeline of events.

“We realize the timing of this isn’t perfect for all parties, but this is a great opportunity and promotion for Kennedy.” (via The Tennessean)

If Kiffin and USC can show that Kiffin’s actions weren’t done intentionally or maliciously, thereby negating the element of intent, then the Titan’s claim would be in jeopardy.  Of course, in light of “Kiffin fostering a culture of violation and avoidance of the sanctity of contract, which he similarly practices”, negating the intent claim may be easier said then done.

In the end, regardless of the Titan’s request of punitive damages and treble damages as a result of Kiffin/USC’s conduct, the trial is purely based on principle.  Even if USC loses the case, or settles, the judgment against them will surely not break the program, nor will it pay all of the Titan’s bills.

It may however, teach a lesson to the current coach of the USC Trojan’s football team.

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