LUBBOCK, TX (KCBD) – Mike Leach can sue Texas Tech University. The ruling comes months after both sides first set foot in a Lubbock courtroom back in December, and it also keeps the lawsuit alive.
The ruling gives Leach permission to sue, but only on one claim. The court determined that Tech through and by its conduct waived sovereign immunity, but as only to the breach of contract claim.
"It really means that this is a simple contract case now," says Kevin Glasheen an attorney not affiliated with the lawsuit but familiar with the case who adds that the ruling limits the damages Leach could have recovered.
"These other tort claims that were thrown out were a vehicle to allow significantly more damages such as consequential damages, damages to reputation and future loss business opportunities those claims are really out now," said Glasheen.
Judge Sowder upheld the sovereign immunity issue, the university's right not to be sued in all other claims of the lawsuit.
It could be six months or a year before a jury hears this case. "It's going to be a simple question for the jury whether or not the university had good cause to terminate Coach Leach. The damages are now simple and well defined by the contract. He either gets $400,000 if he was fired without good cause or he gets nothing if he was fired for good cause," adds Glasheen who has reviewed Leach's contract.
Texas Tech University is confident the Court of Appeals will dismiss the remaining claim against the university. Leach's lawyers are pleased with the ruling and believe the decision will be upheld on appeal.
The university fired Leach back in December amid allegations he mistreated wide receiver Adam James, allegations Leach says are not true.
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