TTU appeals ruling that Leach can sue for breach of contract - KCBD NewsChannel 11 Lubbock

7/1/10

TTU appeals ruling that Leach can sue for breach of contract

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By James Clark | email

LUBBOCK, TX (KCBD) – Texas Tech University filed notice of appeal in the Mike Leach lawsuit on Wednesday afternoon. Tech fired Leach in late December amid allegations that he mistreated player Adam James. Leach denies it and sued.

On June 15th, Judge Bill Sowder ruled that Leach could not sue the university on several counts but could sue for claims of breach of contract. Leach has already appealed.

Thursday's notice by the university says "Defendant Texas Tech appeals the court's failure to grant its plea to the jurisdiction in its entirety." In simple terms, Texas Tech is saying the judge fails to recognize that generally speaking Texas Tech cannot be sued at any time or for any reason. The legal concept is called sovereign immunity.

Officials from Texas Tech University have released a statement on this issue late Thursday, saying,  "Texas Tech University filed a Notice of Appeal Wednesday (June 30) regarding the Mike Leach vs. Texas Tech University claim with the 7th Court of Appeals in Amarillo. We believe the Court of Appeals will follow the law and dismiss the remaining claim against the university."

Leach's lawyer, Ted Liggett said late Thursday, "This is simple,  Mike Leach wants  a jury in Lubbock, Texas to decide if Texas Tech University breached his contract.   Judge Bill Sowder agrees.   What is  Texas  Tech afraid of?    Mike is confident the 7th Court of Appeals  will finally put this matter to bed and see that justice is served."

The 7th Circuit Court of Appeals in Amarillo will hear both appeals.

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