BOTC - US Lacrosse Community Forum Forums NORTHEAST LACROSSE BOTC MAIN FORUM (LI, CT, WC) fl$ Lawsuit

Winkoff claims that the consulting agreement (which is at the core of this legal battle) is ambiguous therefore the interpretation of the non-authoring party prevails. There is a general rule that a court will construe ambiguous contract terms against the drafter of the agreement. But this rule only applies where one contracting party is in a superior bargaining position, usually either as a result of greater experience or the assistance of counsel.

The total negotiated sale price, according to Jahelka, was $1.75MM. Winkoff paid $750K in cash but the other $1MM was to be paid over 10 years ($100K/year) via a consulting contract with Jahelka's consulting company, Pioneer. Payments were to be made regardless of whether or not services were rendered. The consulting contract and emails presented appear to show that Winkoff had an understanding of both the price and the terms and conditions of the consulting contract.

Are they proven cheaters? Well, no, not yet, anyway. Is their position tainted? If what Jahelka alleges is true, Winkoff is trying to steal $1MM from him. Does that taint FLG?

We shall see.

Wasn't thinking the FLG position as tainted (or anything else), but i think you knew that and tried to spin it around. Nice try.

PLease Stop, the only ones watching my kids games now is the parents. Nobody cares! Everybody knows its a selfish game with families trying to get recruited

"Everybody knows its a selfish game with families trying to get recruited". SO TRUE. Everyone thinks its a vehicle to get somewhere else...

As of a court ruling yesterday, FLG Lacrosse has 30 days to catch up on their missed payments. If they don't catch up they will have to dissolve the business and it's assets. Highly doubt they will be able to fulfill these missed payments. If they don't they have 60 days from there. Doesn't look like they will make it to the summer season.

I hope you are wrong. That would be a disappointment to many of the children they currently have rostered. Though it sounds like it would make you happy.

Don't be the last guy holding those Toys R Us gift cards.

Sell Mortimer Sell!

Where do you see that? I don't see any updates to the docket and it would be pretty amazing for a judge to rule so quickly given that the request for summary judgement was fully submitted on the 11th.

If true, it's time to get got of dodge before it's too late...

Dodge is just fine and a good place to be. I hope they remain viable. With various kids have been with Igloo and Express and like this program the best. If the doomsday you predict actually comes, well there is certainly no shortage of lacrosse programs on LI to choose from. Your trolling will have no effect angry man... Lacrosse and program is good. Disagreement between former partners has zero impact on current product offering-hope that doesn't change.

follow your coach if your happy. They will all land somewhere. The sport is full of mercinaries

Has there been any recent updates to the case? Is it business as usual for FLG or are they in they process of dissolving?

Pioneer/Jahelka submitted a motion for summary judgement on 1/11/19. There has been no decision yet, but the court is supposed to rule within 60 days which is basically right around the corner though courts often do not meet the 60 day timeline.

Business and training as usual...

Wlll they be filing for bankruptcy to avoid any remuneration?

Update on FLG litigation - the judge has "ruled" on the summary judgement.

Interlocutory Order issued 3/29. All partied ordered to appear before the court on April 16th for "a conference in aid of disposition thereof."

This is where the judge is likely to encourage the parties to resolve this issue.

Doomsday calls a bit premature...LOL. Move along.

Not so fast. If Jahelka's claims are valid, FLG owes him around a million dollars, payable immediately. Don't underestimate the impact of such a large payout, or worse, the actions FLG might take to avoid the payment altogether. That's always been the issue here - can FLG survive financially.

Ethical issues aside, it's all about the Benjamins.

Will Jahelka be coaching my son? Should I see if he can get on a new club?

If, if if. For certainly the spring and summer seasons nothing to see here move along.

And anyone casting judgement here really has no idea the discussions or relationship between the two sides leading to this so lets reserve judgement on which party is acting unethical.

Court documents speak for themselves. Two parties agreed to terms and then one party decided he overpaid. That about sum it up for you?

No, it doesn't. Because if no judgement is handed down or it is dismissed then it was brought without merit to begin with. Do you understand that logic? Innocent until proven guilty is I believe how US law works. So not rushing to judgement either way.

There hasn't even been a trial or discovery. The plaintiff (Jahelka) submitted a motion for summary judgement. The defendant, FLG, didn't submit a motion for dismissal or anything like that.

FLG agreed to a purchase price and payout terms. He now says he didn't understand the terms (even though there is email evidence that he did and that he spoke to his own attorney) and that he never agreed to the price (again email evidence that he did in fact agree to that price.)

There is "guilt" or "innocence" in tort law - please do us all a favor and disregard thr law degree you found in your box of Alphabits!

Ditto to you. Ruling will speak for itself...if there even is one!

June 18t FLG fundraiser at their office in Huntington. Boxing Match: Corey Wink vs Mike Wink to help fund their legal debt.

Believe me, these guys will always land on their feet.

Going to be tough with today’s Judgment. Will be a few weeks before we find out if the Winkoff’s will still be running FLG. Do they Jahelka’s take over or does Winky bankrupt it.

What judgement would that be? The online docket from the court has nothing.

Well, I guess the person posting the above is pretty close of Jahelka. I see the docket has been updated to reflect that it granted Jahelka's motion for summary judgement.

That's going to leave a mark

What does that mean???

It means a judge ruled that Winkoff owes Jahelka a lot of money

Does anyone have a link to the judgement ruling?

Their program is falling apart. I can see them trying to collect registrations for tryouts and then bail out IF they even get 5-6 teams....Showcases are now gone, club teams diminished tenfold - it's just a matter of time...wait for 2020/21 season.

https://iapps.courts.state.ny.us/we...civilCaseId=b5EIW7NPrJUleUlRiFTA9A%3D%3D


If that doesn't work (the link expires) then go to

and enter index: 0606192/2018

The docket is the one in Nassau Supreme Court

If FLG does not appeal the ruling, then all they owe Jahelka is $100k/ year. For a business that has several boys and girls teams—plus other sources of revenue ( tournaments/media/etc), that’s probably a low single digit percent of revenue. Certainly not a fatal expense and easily managed.

The consulting agreement which the judge basically upheld, has an clause that says if Winkoff misses a payment, the entire sum is due immediately ("Events of Termination: Default - page 4 of contract) plus interest (12.2 page 5).

If Jahelka wants his $$ then he will negotiate a payment plan. They originally went to mediation according to the complaint. They had a commercial disagreement over the contract and the trial court judge ruled in favor of Jahelka. Winkoff can still appeal and Jahelka can burn legal fees fighting. I’d wager this gets settled and Jahelka gets his $$ on some payment plan. Heck, wouldn’t surprise me if he gets back involved in the business some way.

I would not give them a red cent of my hard earned money in order for my son to play lacrosse. These two pit bulls could battle this non-sense out themselves. It just goes to show your, it's all about making money, our kids come a distance second or maybe even third on their food chain. Winkoff would be foolish to appeal, likewise the appellate court could end up granting Jahelka legal fees in a appeal. In the end, it all boils down to $$$

And I would wager that the last thing Jahelka wants is for Winkoff to go on a payment plan again...after all, he stiffed him the first time. Further, as part of his motion for summary judgement, Jahelka requested a "neutral to inspect the books and records of FLG." This after making statement that a review of FLG's tax returns showed "evident that Winkoff has taken both company loans and also personal loans from FLG.......Quite clearly, Winkoff is over leveraged and has essentially decided to still Jahelka for his own gain."

Under the terms of the contract, Winkoff owes it all right now, plus interest (15% per annum) for the amounts in arrears. Further, Jahelka still may show additional damages which are also allowed for based on the contract. You can bet his legal fees will be part of that.

But I look forward to the opening of the kimono...er I mean books....