Moore had a case because Bob Davis (the new HC) cited Moore’s age as a reason to let him go, “Though Davie was free to choose any coach he wanted, he specifically cited Moore's age—64—as a factor in the decision. “ Notre Dame also accused Moore of abusing players and said he presented a negative image of the University. Reading through previous articles, it feels like that was the straw that made him want to sue, and he might not have otherwise.
In terms of what he sued for vs what he got, said “ Moore originally sought $3 million incompensatory damages from the University and Davie, $1 million incompensatory damages from Blue & Gold Illustrated, and $5 millionin punitive damages from the defendants. By contrast, the juryin the trial awarded Moore less than $86,000, plus court costsand legal fees and front pay (if any) to be determined by the judge.
Basically, Smalls doesn’t have much of a case compared to Moore, there’s nothing explicit that says he’s let go for his age, and Marshall isn’t defaming him to further enrage him either. Also how much could he really expect to get from this suit, Notre Dame refused to settle out of court because Moore’s lawyers wouldn’t negotiate, and I believe Marshall could buckle down and ride it out through court, almost guaranteed to be paying less then 6 figures, and most likely they’ll pay nothing.
When Bob Davie took over the high-profile Notre Dame football program at the end of the 1996 season, he fired his predecessor...
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Civil Rights - age discrimination - 42-USC 2000e. Plaintiff claimed that he was terminated in December, 1996 due to his age. Notre Dame claimed that Moore was fired because he abused players and did not represent a positive image of the school.
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