Dr Lynch, NCAA Wrestling Champ’s suit vs PSU

[HAMMER167]

PSU wrestling great Scott Lynch, and former teammate, is a man of great integrity seems he was treated unfairly in this situation of looking out for players from a medical standpoint.
https://www.espn.com/college-footba.../ex-psu-doctor-alleges-pressure-clear-players

 

[hlstone]

Should have paid him the 50k and been done with it.

 

[Crusher1950]

Franklin sure taking a beating over on rivals board

 

[matter7172]

Suriano wishes he had been a football player instead of a wrestler.

 

[nerfstate]

Suriano wishes he had been a football player instead of a wrestler.

My thoughts exactly.

 

[tikk10]

Interesting that he's asking for only $50k in damages, which I imagine represents lost wages if he hadn't been terminated. Interesting because the school will probably wind up spending more than that in attorneys fees, not to mention that the accompanying stories could exceed $50k in damaging PR.

I'm not suggesting that the school should have settled prior to the suit being filed, but I think the fact that it became a lawsuit means that the decision to not settle was either a strategic mistake (b/c it will cost the school more than the damages sought) or a calculated principled stand (perhaps b/c they feel they had a legitimate basis to terminate and/or want to send a signal to other employees/staff that they can't be chiseled). If the doctor's claim has any legitimacy, it was almost certainly a strategic mistake to not settle.

EDIT. My comment was based on a misunderstanding of the damages sought. The ESPN article in OP misreported that Lynch "is seeking $50,000 in damages."

 

[Dogwelder]

Suriano wishes he had been a football player instead of a wrestler.

He’s just the right size to play the coxswain position.

 

[El-Jefe]

He’s just the right size to play the coxswain position.

For the crewsliner?

 

[HOCKEYGOD11]

<blockquote class="twitter-tweet"><p lang="en" dir="ltr">This is ABSURD!!! Absolute and total BS!!! As a parent of a son with an injury, <a href="https://twitter.com/coachjfranklin?ref_src=twsrc^tfw">@coachjfranklin</a> and the entire staff have been nothing but supportive of our players and have their best interest at heart. None of this is true. <a href="https://t.co/wucNoDzfCQ">https://t.co/wucNoDzfCQ</a></p>&mdash; Jen Simmons (@JenGroveSimmons) <a href="">August 26, 2019</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

 

[HOCKEYGOD11]

<blockquote class="twitter-tweet" data-lang="en"><p lang="en" dir="ltr">Lemme go ahead and save y’all the time of speculating.... this is complete and total BS straight up <a href="https://t.co/pzhr6tWFgX">https://t.co/pzhr6tWFgX</a></p>&mdash; Jason Cabinda (@jasoncabinda) <a href="">August 27, 2019</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

 

[tikk10]

<blockquote class="twitter-tweet" data-lang="en"><p lang="en" dir="ltr">Lemme go ahead and save y’all the time of speculating.... this is complete and total BS straight up <a href="https://t.co/pzhr6tWFgX">https://t.co/pzhr6tWFgX</a></p>&mdash; Jason Cabinda (@jasoncabinda) <a href="

View embedded media

">August 27, 2019</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

You only need to paste the link to the tweet, not the embed link, which breaks here. Rivals automatically parses FB, Instagram, and Twitter links.

 

[ptomaselli]

Should have paid him the 50k and been done with it.

A close look at the paperwork says "sums in excess of $50,000." The amount is unknown but it could be quite sizeable.

 

[psu_flip]

The "excess of $50k" means its a jury trial case vs. an arbitration case that's heard before 3 attorneys. It doesn't mean that's what he's demanding to resolve the case. It sucks to see one of our own get entangled in something like this.

 

[tikk10]

A close look at the paperwork says "sums in excess of $50,000." The amount is unknown but it could be quite sizeable.

Thanks, I didn't see the lawsuit when I first commented but the lawsuit actually seeks multiple categories of damages, including punitive, so he'll be asking for far more than $50k. The $50k figure was maybe a statutory minimum to clear it from being relegated to arbitration, or one of the causes of action could only be claimed if damages sought were in excess of $50k.

 

[RoarLions1]

I get the whole social media thing, and that some will air their opinions publicly. They may be right, they may not be in a bigger picture sense. I'll wait to see how this plays out in court if it makes it that far.

 

[Diego Badman]

I get the whole social media thing, and that some will air their opinions publicly. They may be right, they may not be in a bigger picture sense. I'll wait to see how this plays out in court if it makes it that far.

A lot of these cases take the shotgun approach and add people who are on the fringe of the complaint. I’m involved in 2. Both don’t involve me, but they’re counting on my insurer to cut his losses/costs and offer a settlement. It would probably cost more to get me removed. And, as an aside, very often these are filed in Philadelphia—a much more venue favorable to the Plaintiff.

 

[HOCKEYGOD11]

 

[dicemen99]

FWIW, there was a post that seemed fairly knowledgeable about the situation. Stated that the remainder of compensation for the contract that he was let go from was $1.9 million, so that is the minimum damages that they would be seekiing.

That's a lot of reasons for a dispute to take place and there are lawyers involved so there is a broad spectrum of possible "truths" depending on the perspective (sorry, tikk).

 

[HOCKEYGOD11]

 

[Lovethissport]

I know nothing about the inner workings of the football team, or whether there is any merit to these claims. I do, however, know Scott Lynch very well as he was my teammate at PSU for three years. He is a first class individual whose integrity has never been questioned. Too bad this could not be resolved....but don’t be too quick to discount what he says. Again....I have no knowledge of any of the facts. Just the character of the accuser. He is a man of integrity. And a dammed good wrestler. NCCA Champion in 1984 season, 134lbs.

 

[tikk10]

You can read the lawsuit here. It's pretty well-drafted. It doesn't really getting into the details of how Lynch believes Franklin interfered, perhaps because some of those details get into HIPPA territory, and perhaps because they're not necessary to survive a motion to dismiss, which is surely coming from PSU and the other defendants.

Lynch does allege in detail (starting around ¶ 68) how, in Feb 2019, he offered a list of recommendations to address what he alleges was a problem with Franklin's interference with Lynch's medical autonomy and authority with respect to return-to-play decisions. The recommendations included a new hire to act as an independent buffer between the coaching staff and certain physicians.

Shortly thereafter, Lynch alleges that he was essentially let go under the pretext that PSU wanted to hire an orthopedic surgeon who resided in State College, as opposed to Hershey (where Lynch resides).

 

[tikk10]

FWIW, there was a post that seemed fairly knowledgeable about the situation. Stated that the remainder of compensation for the contract that he was let go from was $1.9 million, so that is the minimum damages that they would be seekiing.

That's a lot of reasons for a dispute to take place and there are lawyers involved so there is a broad spectrum of possible "truths" depending on the perspective (sorry, tikk).

Exhibit 1 of the complaint includes Lynch's compensation as of June 2018. It's not a simple document to decipher but it states that his base compensation was $523k with another $130k in incentives/bonus, or approx $653k total.

Earlier on in the complaint (¶ 33) it alleges an agreement between PSU and Lynch's employer, the Milton Hershey Medical Ctr, which annual sums are in the $900k/yr range, and which contract was to run through June 2021. If you prorate backwards to the time Lynch was terminated you get into the $1.9m ballpark, so I imagine that's where this number came from, but I think Lynch, personally, was only due a little more than half that.

 

[lyndj]

I know nothing about the inner workings of the football team, or whether there is any merit to these claims. I do, however, know Scott Lynch very well as he was my teammate at PSU for three years. He is a first class individual whose integrity has never been questioned. Too bad this could not be resolved....but don’t be too quick to discount what he says. Again....I have no knowledge of any of the facts. Just the character of the accuser. He is a man of integrity. And a dammed good wrestler. NCCA Champion in 1984 season, 134lbs.

Well, your first class buddy with integrity has impeccable timing putting his beloved alma mater in the news a week before the season. I'm sure he is to you what you say he is and I don't know him to dispute that but I question the timing.

 

[pawrestlersintn]

Well, your first class buddy with integrity has impeccable timing putting his beloved alma mater in the news a week before the season. I'm sure he is to you what you say he is and I don't know him to dispute that but I question the timing.

So, if you believed someone screwed you out of $1,000,000, you'd time the lawsuit in order to save them some embarrassment?

 

[TiredOldLion]

So if he wanted to keep the job why didn’t he move to State College?
I’ll move for a half a mil a year!

 

[El-Jefe]

Well, your first class buddy with integrity has impeccable timing putting his beloved alma mater in the news a week before the season. I'm sure he is to you what you say he is and I don't know him to dispute that but I question the timing.

So he should've waited 6 months until football season ends? That's a gift for the PSU attorneys' inevitable motion to dismiss.

In any case, this is on Barbour. If Franklin did what is alleged, then he should be suspended or gone -- that's what got Beckman fired at Illinois and made him radioactive at North Carolina (granted, Beckman was a very egregious example). If Franklin didn't, then this matter should've been dealt with privately. Either way, that's her job.

 

[lyndj]

So, if you believed someone screwed you out of $1,000,000, you'd time the lawsuit in order to save them some embarrassment?

He did what was in his best interest. He was informed he was being relieved in January and his exit interview was in February where he made his list of recommendations. The timing right now was absolutely intentionally beneficial to him. Kudos.

 

[lyndj]

So he should've waited 6 months until football season ends? That's a gift for the PSU attorneys' inevitable motion to dismiss.

In any case, this is on Barbour. If Franklin did what is alleged, then he should be suspended or gone -- that's what got Beckman fired at Illinois and made him radioactive at North Carolina (granted, Beckman was a very egregious example). If Franklin didn't, then this matter should've been dealt with privately. Either way, that's her job.

Not wait until season's over, perhaps before the season started but it certainly wouldn't be as effective as now so I get it. Just sucks to be fodder for the press yet again. He needs to do what he feels he needs to do.

 

[tikk10]

He did what was in his best interest. He was informed he was being relieved in January and his exit interview was in February where he made his list of recommendations. The timing right now was absolutely intentionally beneficial to him. Kudos.

A suit like this doesn't get filed the week after someone gets terminated. There were probably settlement discussions over the last few months and this got filed when those discussions fell apart. Not saying you're wrong about the timing aspect but I don't see how it gains Lynch any advantage in court. It'd be news whenever it was filed.

 

[KBay]

Exhibit 1 of the complaint includes Lynch's compensation as of June 2018. It's not a simple document to decipher but it states that his base compensation was $523k with another $130k in incentives/bonus, or approx $653k total.

Earlier on in the complaint (¶ 33) it alleges an agreement between PSU and Lynch's employer, the Milton Hershey Medical Ctr, which annual sums are in the $900k/yr range, and which contract was to run through June 2021. If you prorate backwards to the time Lynch was terminated you get into the $1.9m ballpark, so I imagine that's where this number came from, but I think Lynch, personally, was only due a little more than half that.

I assume that a plaintiff in a breach-of-contract action has a duty to mitigate damages under Pennsylvania law. If so, and if Dr. Lynch is an orthopedic surgeon worth his salt, he should be able to make up most or all of his alleged "loss" in a reasonable amount of time.

 

[GOLDBANGER]

Trace McSorley's mother is vehemently defending Franklin as well, on Facebook.

 

[tikk10]

I assume that a plaintiff in a breach-of-contract action has a duty to mitigate damages under Pennsylvania law. If so, and if Dr. Lynch is an orthopedic surgeon worth his salt, he should be able to make up most or all of his alleged "loss" in a reasonable amount of time.

In a wrongful termination context I don't see how mitigation of damages would apply. It's a duty on plaintiffs to mitigate losses that could have been reasonably avoided; note the past perfect tense. It's no defense to say that after we wrongfully terminated you, you turned down other equally lucrative employment opportunities.

 

[KBay]

In a wrongful termination context I don't see how mitigation of damages would apply. It's a duty on plaintiffs to mitigate losses that could have been reasonably avoided; note the past perfect tense. It's no defense to say that after we wrongfully terminated you, you turned down other equally lucrative employment opportunities.

I disagree, but we shall see.

 

[RoarLions1]

Facebook, forums galore, plenty of talk at the water cooler, and much, much more I'm sure. Much of it has been pointed, and is taking sides, which I get. Other than influencing weak-minded people that know little, and don't want to wait for a verdict, it means nothing. I know Scott too, and have seen nothing but high-character behavior on his part. Despite this, my opinion isn't pertinent to the case...so I'll wait to see how it plays out.

 

[Dogwelder]

Facebook, forums galore, plenty of talk at the water cooler, and much, much more I'm sure. Much of it has been pointed, and is taking sides, which I get. Other than influencing weak-minded people that know little, and don't want to wait for a verdict, it means nothing. I know Scott too, and have seen nothing but high-character behavior on his part. Despite this, my opinion isn't pertinent to the case...so I'll wait to see how it plays out.

Lemme shout it from the rooftops. I don’t like to talk. I repeat: I don’t like to talk. You won’t catch me talking. No sir.

I could not resist poking fun, Roar!

 

[Ezcheez]

PSU wrestling great Scott Lynch, and former teammate, is a man of great integrity seems he was treated unfairly in this situation of looking out for players from a medical standpoint.
https://www.espn.com/college-footba.../ex-psu-doctor-alleges-pressure-clear-players

BS

 

[pawrestlersintn]

BS

Insightful.

 

[Used2BEerie]

Insightful.

Or Inciteful?

 

[tabenn]

PSU wrestling great Scott Lynch, and former teammate, is a man of great integrity seems he was treated unfairly in this situation of looking out for players from a medical standpoint.
https://www.espn.com/college-footba.../ex-psu-doctor-alleges-pressure-clear-players

Any relation to Adam Lynch? PSU wrestling team Operation Manager? forgive me if this is common knowledge

 

[NoVa Lion]

Any relation to Adam Lynch? PSU wrestling team Operation Manager? forgive me if this is common knowledge

Adam's Uncle.