Experts like Leach odds in legal fight

[ponyfan08]

BY LOGAN CARVER l AVALANCHE-JOURNAL

Former Texas Tech head football coach Mike Leach has a fighting chance in an expected legal battle with the university that fired him after 10 seasons, say lawyers who specialize in contract and employment law.

Texas Tech dismissed Leach on Wednesday, two days after suspending him contending he had mistreated a student-athlete and refused to cooperate with the administration.

University President Guy Bailey fired him “with cause,” meaning Leach received no compensation or severance pay.

But Leach, who made a name for himself and the university with a pass-happy gridiron strategy, vowed to take the offensive again — this time in the courtroom.

Leach’s attorney promised to use the legal system to seek justice for Leach.


The Texas Attorney General’s Office will most likely represent the university in the event of a lawsuit.

“I think the reality is that this is about creating a nice severance package so he can go on and do something else,” said employment lawyer Stephen Fox of Dallas law firm Fish & Richardson.

Leach could sue the university for defamation of character as a result of things the school said about him in the media, but those types of cases are hard to win and Leach will most likely file a breach of contract suit against Tech, Fox said.

In that case, Leach would have to prove his conduct did not rise to the level of “cause” under his employment contract.

Fox said the wording in contracts is generally broad, leaving room for strong arguments from both sides.

Bailey referred to a section of Leach’s contract requiring Leach to “assure the fair and responsible treatment of student-athletes in relation to their health, welfare and discipline.”

“That would be very broad,” Fox said.

But high-profile cases, like Leach’s and the legal battle between the University of Kentucky and its former men’s basketball coach, Billy Gillispie, are most often settled out of court, Fox said.

“I doubt that this kind of case will see the light of a courtroom,” Fox said. “They just don’t.”

Still, if Leach doesn’t settle out of court and is granted a jury trial, the court of public opinion and the court of law are on his side, Dallas attorney Jim Stanton said.

“I think the strongest point Leach has at this time is the overwhelming support the people of West Texas have for his cause, right or wrong,” Stanton said. “That’s a problem for the administration.”

Tech exposed itself legally, Stanton said, by not properly addressing what caused Leach’s termination.

That in addition to never completing the investigation into Leach’s conduct regarding wide receiver Adam James — whose parents, including his famous football father and ESPN analyst Craig, complained to the university about the way Leach treated their son — puts Tech on a weak footing in court, Stanton said.

“I think the administration is hoping Mike Leach just goes away and moves on with his life rather than litigate this matter,” Stanton said.

The administration knows that to say less at this point is much better for its legal situation, Stanton said.

The more the university says, the more damaging it would be during the discovery process when Leach’s legal team is vetting all documents and communication, Stanton said.

Perhaps most detrimental to the university’s hopes of fighting a Leach lawsuit are e-mail communications between boosters and Tech Chancellor Kent Hance during last year’s contract negotiations, Fox said.

Leach can use the e-mails that discuss the cost of firing him to try to prove to a jury the school had it out for him from the beginning.

“To me, that’s very damning of Texas Tech’s position,” Fox said. “Coach Leach can characterize this whole process as kind of a staged, stooged process — basically a fabricated process where this claim came in from Adam’s family, but it wasn’t truly meritorious and they used it as a way to get to a result they were always knowing they were going to get to.”

http://www.redraiders.com/2009/12/31/ex ... gal-fight/

[mrydel]

I cannot decide to which side I should refer Vodica to assist.

[Mountain Mustang]

I honestly think this situation would've resulted in no more than a slap on the wrist in any other place except Tech. The administration wanted Leach out so bad that they took this situation and used it for "cause" in getting rid of Leach. They were just waiting for anything to use or anyone to come forward with an even semi-plausible reason to get rid of the guy.

[larskjenstad]

I cannot decide to which side I should refer Vodica to assist.

Maybe the side that owns a condo.

[PhantomPhi]

Chancellor Hance is an egg sucking weasel that owes the the Raider Nation an apology.
How can he call Leach his friend and stab him in the back at the same time. "et tu, Brutus?"

[San Antonio Mustang]

What was the letter that Leach refused to sign that led to the suspension. Has anyone seen it? Did it set out guidelinens on how to handle injured players that Leach refused to go along with? This could be a major problem for Leach. I certainly agree that a Lubbock jury today would be biased against the University. But, remember we are at least a couple of years away from a jury and if Tech makes a good hire who wins the jury climate will change. It is way too early and I don't know enough about the facts to make a call on the outcome of a trial.

[ponyscott]

SanAntonioMustang....I just e-mailed to you a PDF of Leachs Motion for TRO, Leaches Employment Contract with TT and the December 28 letter from Myers to Leach...this particular letter has no place to sign. It just suspends him.