UTK QB Nico Iamaleava holding out for more NIL money (TN/Nico part ways - Entering portal)

[4Q Basket Case]

not really. It depends on how the contract is written. If a contract has mandatory criteria - i.e. we are paying you this NIL and in exchange you have to do this many public appearances, you have to remain at this school for this long, or just a fixed duration for the contract terms, etc, then a contract can have penalties for not meeting those criteria, whether there are damages or not.

Exactly right. Damages in the sense of a tort (e.g., someone falsely says something bad about you in print) don’t apply.

In this case, it’s breach of contract. You paid someone to do ‘X’ and they didn’t do it. Your recourse (monetary or otherwise) depends on the terms of the contract.

 

[BamaFanatJSU]

Exactly right. Damages in the sense of a tort (e.g., someone falsely says something bad about you in print) don’t apply.

In this case, it’s breach of contract. You paid someone to do ‘X’ and they didn’t do it. Your recourse (monetary or otherwise) depends on the terms of the contract.

Given that the college football / NIL / pay-for-play landscape doesn't have the structure of a CBA like the NFL and NFLPA have (which allows teams to punish players for holding out through fines and lost years toward free agency), the collectives and athletic departments don't really have much of a choice other than suing for Breach of Contract if they want these NIL deals to have any teeth at all.

 

[uaintn]

Eventually someone is going to try it. Not much to lose. And even if you only get part of it back, you make your point and have some money to give to your favorite school's collective. As several astute posters have already observed, the contract language controls. Time to tighten up some of that language.

Or, I guess you could sue for specific performance. These seem to be unique personal services. Make him come back to campus, put on your colors, and create an ad about what a great school it is.

 

[RdunawayTX]

I've seen some stuff on Instagram that alludes to his dad being the one behind all of this. Granted, it's social media, so take it for what it's worth. But when this type of money comes into play, parents normally get involved, whether with good intentions or bad. I know if my kid was a 19 year old football player getting $2.4mm per year, I'd definitely get involved so he wouldn't go spend it all on sour gummies and Dr. Pepper.

But I like sour gummies and Dr. Pepper....

 

[bamaga]

Alabama and Iowa both should have done this last season over a certain OL.

There needs to be some repercussions at some point for grabbing a bag of money and going back on your word.

I don’t think Alabama has a case, when the greatest to ever do it, retires. The kid had a good reason to leave if he came here to be coached by the best. Now, maybe Iowa. But even then I could see him going back to Tuscaloosa. Different scenarios Altogether.
I realize your post was for jocularity.

 

[4Q Basket Case]

Looks like the Arkansas collective has hired an attorney to pursue Madden Iamaleava under a buyout clause in their contract.

Arkansas' NIL Collective has taken Madden Iamaleava saga to the next level, hires attorney

I don't think they've actually filed suit yet because they haven't spoken with Madden or his representatives.

But raise your hand if you think the Iamaleavas will say, "Oh...so sorry. You're right. Here's your money back."

So I'd expect a suit in pretty short order.

Again, because the contract isn't a public document (at least not yet) very few people know exactly what its terms are. But it looks like the Arkansas Edge collective thinks they have a case.

Where now, Tennessee?

 

[Slowpoke Catracho]

Looks like the Arkansas collective has hired an attorney to pursue Madden Iamaleava under a buyout clause in their contract.

Arkansas' NIL Collective has taken Madden Iamaleava saga to the next level, hires attorney

I don't think they've actually filed suit yet because they haven't spoken with Madden or his representatives.

But raise your hand if you think the Iamaleavas will say, "Oh...so sorry. You're right. Here's your money back."?

So I'd expect a suit in pretty short order.

Again, because the contract isn't a public document (at least not yet) very few people know exactly what its terms are. But it looks like Arkansas Edge collective thinks they have a case.

Where now, Tennessee?

This is the way it should be. If you enter into a contract it should be legally binding.

 

[4Q Basket Case]

This is the way it should be. If you enter into a contact it should be legally binding.

I agree 10,000%.

I don't know if garnishment applies to income of the nature of pay-for-play. And we're a bit away from this yet. But it would be really funny Madden's pay-for-play money from UCLA were attached in some manner (or interpled to the court, which distributed it to Arkansas Edge) and never reached the Iamaleavas' hands.

The dad might be the dumbest advisor I've ever run across.