Vanderbilt v. Gerry DiNardo
Date Submitted: 09/10/2006 03:46:09
Parties:Vanderbilt University (Plaintiff/Appellee) v.Gerry DiNardo(Defendant/Appellant)
Facts: On December 3, 1990, Vanderbilt and DiNardo executed an employment contract hiring DiNardo to be Vanderbilt's head football coach. On August 14, 1994, Paul Hoolahan, Vanderbilt's Athletic Director, went to Bell Buckle, Tennessee, where the football team was practicing, to talk to DiNardo about a contract extension. In November 1994, Louisiana State University contacted Vanderbilt in hopes of speaking with DiNardo about becoming the head football coach for L.
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contract, not the three years held by the district court. District court's judgment that the contract contained an enforceable liquidated damage provision, and we affirm the portion of the judgment reflecting damages calculated under the original five-year contract. The district court's judgment concluding that the Addendum was enforceable as a matter of law.
Conclusion: The court held that the damage clause was enforceable and reasonable and ordered the former coach to pay for the damages.
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