More on Marist v. JMU: Damages, Precedent and No Recruit Clause

Mark Selig of the Daily News Record interviewed me for his article on the recent judgment of default entered in favor of Marist University against James Madison University.  (Click on link to view article Marist Article – Daily News Record).  The article covered a number of interesting issues, and I have included a few highlights below:

Damages (which have yet to be determined by the court):

After Brady left Marist, the Red Foxes went 10-23 in 2008-09 and 1-29 last season. They were 18-14 in Brady’s final season in Poughkeepsie. But one prominent legal expert questioned whether damages could be linked to athletic performance. “As long as they tie it to the cost of recruiting, then I think they are on pretty solid ground,” said Paul H. Haagen, co-director of Duke’s center for sports law. “If they try to use some measure of gate or winning or reputation, then I think we’re on new grounds and that’s really problematic.”

Precedential Value:

Said  Fitzgerald: “Maybe this will provide schools with the confidence to enforce college coaching contracts more than they have in the past. …I still think it’s a pretty bold move to sue another athletic institution.”

“Bold,” he said, because it might backfire on Marist, opening it up to a lawsuit if it ever snatches away another school’s coach.

Legality of Marist’s “No Recruit” Clause (preventing former coach Matt Brady from recruiting players whom he had originally recruited to play at Marist:

Haagen said he thinks that recruiting money could be recouped by Marist because the alleged stipulation in Brady’s contract is similar to a non-compete clause in other pacts. “Basically, the claim is the coach had a responsibility to the institution, essentially not to engage in a kind of non-compete clause,” Haagen said. “He’s established a relationship with the recruits, money has been expended in them, and it’s kind of like a customer list.” 

Click on the link below to read Mark’s article in its entirety.  It’s a very interesting read.

Marist Article – Daily News Record


  1. What’s Happening i am new to this, I stumbled upon this I have discovered It absolutely helpful and it has aided me out loads. I’m hoping to contribute &
    assist other customers like its helped me. Great job.

  2. My brother recommended I might like this blog. He was entirely right.

    This post actually made my day. You cann’t imagine simply how much time I had spent
    for this information! Thanks!


  1. […] hard to believe that legal action taken by a mid-major in Poughkeepsie, New York influenced the Tennessee Titans.  However, the Marist case may have planted the seed for tortious […]

  2. […] More on Marist v. JMU: Damages, Precedent and No Recruit Clause […]

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: