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Bucknuts and Scout Part ways

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Lamb is a big get for Scout. BN had nothing in BBall before he came on board and the best posters at BN were all in the BBall forum. It will be interesting to see where they land. BBall is going to be a big growth are in the next few years.

Duane is the only other person on BN I cared about and I hope to get his input from the HS rag.


The link to the complaint is a good read. Of course you need the rejoinder for some balance, but their case certainly reads strong.

Got a buddy in Florida who was premium at BN. He was calling me to ask what I thought he should do. That was easy - come on over to the Planet.
 
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I find it interesting that the Affiliate Agreement was to expire on March 31, 2007 anyway. Makes me wonder what was really going on for them to not just ride it out for three more months. I'm rather sorry the exhibits aren't scanned - I'd be interested in reading that agreement to see exactly how the default provisions were spelled out. I'm also curious when the Magazine Agreement expires.
 
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Money, money, money.

Lies, deception or lack of trust.

That does seem to be the heart of the matter. I suspect that Bucknuts will have an upperhand in the discovery process - not by virtue of thorough leverage, but more because every document they see on Scout's financials will give tham information they never before held in hand.

All of the serious allegations center on, or devolve to, the alleged lack of clear accounting by Scout of revenues, customer leads, advertising revenues. There are also serious allegations concerning Scout's inability to execute the Magazine Agreement - but in truth, those could go away once the document search is complete. (Bucknuts alleges that Scout never made clear how large the newstand sales were, and hence assumes that they have received less revenue than their due.)

There are some odd things in this though - things to which I, as a non-lawyer would, if on a jury go either "What?" or "You are kidding me!"

What? - Bucknuts includes in its complaint an excerpt from the original web-site agreement from 2001 that is intended to bolster their claim that Scout did not live up to its obligations to provide a higher quality of recruiting coverage than Bucknuts was doing prior to joining Scout. (Specifically give great in and out of state recruiting coverage - the lack thereof demanding that Bucknuts hire its own scouts or gurus).
Anyone remember the layout and depth of coverage - the recruiting database if you will from 2001, prior to Scout? I think Scout could make a good case that they provided material that improved on that offering by Bucknuts, no matter its real and actual deficiencies in rating players of importance to Bucknuts in or out of state.

The one that was a real "You have to be kidding" moment is when Bucknuts complains that they are forced to hand-code the HTML for their web-pages, thus adding to their costs. That doesn't stand up to the common sense test. There are plenty of simple, free, and powerful HTML editors available on the Internet that would handle all the coding. That complaint (which is minor in the scheme of things) simply does not wash.
 
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Folanator;680867; said:
I also like fireing the first shot by Bucknuts becasue it established jurisdiction in Dayton and makes Scout spend more $. :biggrin:
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Most like likely Scout and the Citadel Partners will hire local counsel to handle the complaint against them and file their answer to the complaint and then Judge Singer will have a hearing on Permanent Injuntive Relief to rule on the matter.

PrincessPeach;681021; said:
I'm rather sorry the exhibits aren't scanned - I'd be interested in reading that agreement to see exactly how the default provisions were spelled out. I'm also curious when the Magazine Agreement expires.
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After the Defendants' file their answer the next step in the process will be for both sides to file their witnesses/exhibits.

sandgk;681033; said:
There are some odd things in this though - things to which I, as a non-lawyer would, if on a jury go either "What?" or "You are kidding me!"
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This case will not go to trial because no jury demand was filed for in this complaint.

Judge Singer will simply have a hearing to hear the evidence and then rule on the case.

When the Defendants file their answer I'll be sure to link it.
 
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Buckeyeskickbuttocks;681104; said:
Could still have a "bench trial" Same thing as a regular trial, just the judge plays the role of judge and jury. Not uncommon in cases that are particularly business complicated (ie dry as fuck)
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That's right BKB! The hearing will basically be a bench trial. No jury, just the judge, the lawyers, the parties and any/all witnesses.

Or Judge Singer could just say to hell with it, there will be no oral hearing and I'll just rule on all the evidence provided, so expect a written decision sometime in the near future.
 
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