Elite fan club sues Jazz for $19 million

[Hopper]

Well, Kicky, among other things Miller (or the Jazz franchise, whoever) was charged with breach of fiduciary duty. I aint no damn bottom feeder, but I think that's different from an explicit contractual duty.

 

[sirkickyass]

Well, Kicky, among other things Miller (or the Jazz franchise, whoever) was charged with breach of fiduciary duty. I aint no damn bottom feeder, but I think that's different from an explicit contractual duty.

Well, as a practical matter I'll tell you that the likely reason the plaintiffs pled that is because it's the easiest duty to prove a breach of because it has the highest standards. Regardless of whether or not it's true, you'd plead a fiduciary relationship to survive a procedural motion to dismiss.

On another practical note, fiduciary duties aren't assumed. They have to be explicitly stated in some form. At the least they'd have to attach an affadavit of one of the plaintiffs stating that Larry Miller bound himself in some way to that standard of care to the 100 club. If they really want to try to win the claim at the trial level, they're going to have to provide evidence that such a duty existed, the best evidence of which would be a formalized agreement between themselves and the Jazz where Miller takes on the duty as part of his "steward" role.

 

[Hopper]

On another practical note, fiduciary duties aren't assumed. They have to be explicitly stated in some form.

Ya think? I thought they were generally implied, by the law, not by express agreement, by virtue of the nature of the relationship in question.

 

[sirkickyass]

Ya think? I thought they were generally implied, by the law, not by express agreement, by virtue of the nature of the relationship in question.

I omitted a clause I meant to include there. It should have read "they have to be explicitly stated in some form; either by operation of law under an applicable statute or legal precedent or by an assumption of the duty through a mutually-signed instrument."

As far as I know (and I haven't specifically researched Utah law on the issue), there isn't some sort of precedent for a fiduciary duty between a club "steward" and the club that occurs by operation of law. In fact, the choice of the word steward might be significant because they didn't choose the word fiduciary.

 

[bigb]

This thread has become amazingly boring for me to read, since I have no clue what kicky and aint are saying (and don't really want to know, either).

 

[Hopper]

I have no clue what kicky and aint are saying (and don't really want to know, either).

Well, Ratch, lemme tell ya anyways, eh? We aint sayin nuthin that aint purty simple. The Jazz, they ROCK, and them rich-*** whiners can just go eat a hot dog, see?