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Mike Leach's Lawsuit Against Texas Tech Is Basically Dead

Mike Leach will not be able to seek monetary damages in his wrongful termination suit against Texas Tech after the Supreme Court of Texas denied his appeal. Leach's lawsuit has bounced around just about every level of the courts in Texas, was filed on the grounds that he was denied due process, then wrongfully terminated following allegations of a mistreatment of a player, Adam James, that Leach firmly denies.

There are some misinterpretations of the rulings and missing information floating around that needs to be cleared up. Lets quickly run down what all this means for Leach and WSU.

What does this mean?

Well, not a whole lot, actually. Leach was challenging Texas' sovereign immunity. It was his assertion that sovereign immunity would render any contract with the state -- including those with a state university -- void, since the contracts couldn't be challenged in court. An appellate court threw out the lawsuit earlier, based on sovereign immunity, and Leach was appealing that decision with the Supreme Court. Friday's ruling means he may go forward with the lawsuit -- a provision in the appellate court ruling -- but may not seek damages. He can fight for the truth, but will get no money.

Is this surprising?

No. No it is not.

Star-divide

Does this mean Craig James was right?

No. It also does not mean this. The ruling has absolutely nothing to do with the merits of Leach's case. The Supreme Court did not rule on the case itself, but rather whether the case could go forward of if the appellate court's ruling on sovereign immunity would be final. The latter was chosen, so Leach won't be seeing that $800,000 bonus he was owed anytime soon (actually ever).

What's next?

Quite a few things, actually! Leach's lawyers can still proceed with a non-compensatory case against the state, and it seems likely they will do so. The case would be more about revealing the truth, and would serve more as a public relations thing. I mean, the lawyers are already getting paid anyway.

What about that other lawsuit?

And this is why the lawyers are being paid. Leach's second lawsuit, against ESPN, Spaeth and James, has been in limbo while the Texas courts ruled on the case against Texas Tech. Now that the ruling is out of the way, Leach's civil suit against ESPN and the gang will likely be allowed to move forward. And there's no doubt this case will be the focal point of his legal team. Without sovereign immunity to fight, it would seem Leach has a strong case here.

Is this a distraction?

No, not really. The cases have been going on for years and Leach's involvement is at a minimum level. He's already given his statements and done what he needs to do, and now it's up to his legal team. Leach is monitoring the cases for afar, but he isn't doing the day-to-day work.

Why is he doing this?

Because Leach feels he was screwed, and he probably was. From all the evidence that's been made public, Leach appears to have been railroaded and sent packing in one of the worst cases of leadership idiocy -- at all levels -- that I've seen. After being taken to the woodshed publicly early in the process, he's fighting back to clear his name. This shouldn't be surprising: He's a headstrong individual that won't go down without a fight.

Are you a lawyer?

No. I just play one on the Internet. I'm probably wrong about the legal specifics, but you get what you pay for.

When does spring football start?

Soon. Then we can get back to the on-field stuff.

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Who told you to pitt the balm on?

I didn’t tell you to put the balm on. Do you know what a balm is?

I'm here to kick ass and chew bubble gum, and I'm all out of bubble gum.

by SpectreFCO on Feb 17, 2012 7:41 PM PST up reply actions  

^put

Dammit

I'm here to kick ass and chew bubble gum, and I'm all out of bubble gum.

by SpectreFCO on Feb 17, 2012 7:51 PM PST up reply actions  

Leach clearly got hosed by TT, James, ESPN etc.

That said, it’s time to move on. Let it go. The best revenge will be taking WSU to multiple bowl games.

by coug79 on Feb 17, 2012 3:07 PM PST reply actions  

Hey now

Hopefully you just mean the legal system of Texas sucks, because if you’re talking about the whole state, them’s fightin’ words!

by Jeffster on Feb 17, 2012 7:45 PM PST up reply actions  

Sovereign immunity applies to all states, not just Texas

It’s a federalism concern. However, it is difficult to argue that avoiding a contract is what sovereign immunity was meant to accomplish. It will be interesting to see what happens if the sovereign immunity claim finds its way into federal court. Then we won’t have a state court saying the stayed is immune, the US government will weigh in.

by Couginthepink on Feb 17, 2012 8:13 PM PST via mobile up reply actions  

I think

The federal government has already changed its stance of sovereign immunity when dealing with contracts that it is involved in. So I believe that a case such as this if it were with the federal government would not be covered under sovereign immunity. But I am not completely sure about that.

by WazzuCrew11 on Feb 17, 2012 8:26 PM PST up reply actions  

If the federal government has ruled on this then that would be binding.

Sovereign immunity is part of the federal constitution and I doubt the Texas Supreme Court would ignore law that could so easily invalidate their ruling.

Not to turn this into a legal blog but the current Court is strongly in favor of state’s rights.

by Couginthepink on Feb 17, 2012 8:51 PM PST via mobile up reply actions  

No it has to do with just contracts with the federal government

Not a ruling by the federal government for all of sovereign immunity, just in terms that if you enter into a contract with the federal government and something happens then they are not covered under sovereign immunity.

by WazzuCrew11 on Feb 17, 2012 9:07 PM PST up reply actions  

Texas Tech is a state entity.

The contract is not with the federal government. It is with the state of Texas. States can hide behind sovereign immunity and in many cases there isn’t a Fannin thing the feds can do about it.

by Couginthepink on Feb 17, 2012 10:00 PM PST via mobile up reply actions  

correct

I was just saying that the federal government has already dealt with it on their own level. I don’t think that they are going to weigh in on it for the state level.

by WazzuCrew11 on Feb 17, 2012 10:55 PM PST up reply actions  

Every sovereign entity can waive its own immunity

Whether in general or for a limited purpose. In California, even First Nations waive their immunity when they enter into contracts. The basic rationale (which Texas doesn’t seem to accept) includes the principle that if the government wants to turn to the courts to enforce a contract, then the entity that it contracts with must have the same opportunity.

It doesn’t matter whether the federal government waives its own sovereign immunity for contract disputes. The Supremacy Clause doesn’t say that the choices that the federal government makes for its own business dealings must be foisted on the states.

(I am a California lawyer, this is not an attorney-client communication :)

COUG-ARRRRS

by DarrowStreet on Feb 17, 2012 9:20 PM PST up reply actions  

We're on the same side

I’m saying he should do whatever he wants — I don’t think the continuation of the lawsuit will have any impact on his ability to coach.

by Jeff Nusser on Feb 17, 2012 9:58 PM PST up reply actions  

You've clearly never been involved in a lawsuit...

The legal team is not capable of “handling all the wrangling.” The lawyers will do all the work, but the individual simply cannot put a lawsuit on auto pilot. The “client” ultimately gets sucked into conference calls, meetings, key decisions, strategy, etc.

I would rather know that 100% of his attention is on WSU winning vs. TT/ESPN/Craig James losing.

by coug79 on Feb 17, 2012 3:42 PM PST up reply actions  

This is silly.

Because no coach anywhere has 100% of his attention on winning. Family pulls you in a million different directions. Hell, LIFE pulls you in a million different directions. Should he ignore his familial obligations because OH NOES, I GOTS TO CONCENTRATE MORE ON WSU?

Will this take up some of his free time? Sure. Will it interfere with his ability to make Washington State football better? No.

by Kyle Rancourt on Feb 17, 2012 4:05 PM PST up reply actions  

^^ this guy nailed it

Sure, he’ll be involved with his case. It will likely have zero impact on his coaching/ program responsibilities.

by Blackie1829 on Feb 17, 2012 4:14 PM PST via mobile up reply actions  

I'm fairly certain that at this point

legal strategy and the majority of decisions have been made. Leach’s lawyers will update him and discuss any new developments but I’d wager Leach has instructed his lawyers to do what they deem is best (that’s why they’re getting paid, to make those decisions). Besides, the justice system moves incredibly slow.

by sdcoug09 on Feb 17, 2012 4:38 PM PST up reply actions  

How does WSU going bowling clear Leach's name?

This isn’t about being a good football coach.

by Couginthepink on Feb 17, 2012 4:44 PM PST via mobile up reply actions   2 recs

I'm already tired of Leach's Soap Opera

He needs to focus on winning and not suing everyone. This last recruiting class was terrible (not his fault necessarily since he just got hired, but it still should have been better) and we don’t need a circus hovering over the team.

I’m excited about the potential with him as coach, but I remember alot of his “antics” during his time at Texas Tech being embarrassing. Let’s hope he grows up, stops suing everyone, and gets this team where it needs to be. The more of this lawsuit stuff I read the more I’m starting to understand why they wanted to get rid of him.

C’mon Mike, focus on WSU and not on suing everyone!

by CoogMikey on Feb 17, 2012 4:10 PM PST reply actions  

This is how you can tell he's not a WSU guy

Houston uses “Coog” for some odd reason, so I’d be willing to bet he’s from Texas and thinks all Cougs go by that.

by Kyle Rancourt on Feb 17, 2012 4:59 PM PST up reply actions   2 recs

Besides middle age women on the prowl

are there actually any real Cougars in Texas?

CougCenter OG since 9/2/2008 | @TheSoCalCoug

by SoCalCoug on Feb 17, 2012 5:35 PM PST via iPhone app up reply actions  

^^^^ Husky fan or Texas fan? -Trolling-

Either way I’d like to point out that the recruitment was not “terrible” it however would have been "terrible if CML would not have taken over. How about you focus on your “life” and let him do the same. WSU is part of his life it’s not his existence!

by Cougar_Jeff on Feb 17, 2012 4:51 PM PST up reply actions  

Just for kicks I went over to Spaeth to see what their website looks like

and I found this gem

The Bimbo Memo© recognizes dumb public comments made during the year. The criterion for nomination is that the speaker causes the listener to believe exactly the opposite of what is said. The Memo is a reminder that repeating negative words only reinforces the negative message as well as misses the opportunity to convey the right message to the reader or listener. At the end of every year, we choose our favorite and crown a “BIMBO of the Year.”

by WazzuCrew11 on Feb 17, 2012 8:35 PM PST up reply actions  

He's sticking to his guns and good for him

Usually coaches aren’t fired for taking their teams to bowl games, not Mike Leach. Take away the BS with Adam James and his father, and everything Leach did was correct. High graduation rates, bowl games every year, and put some players in the NFL (some could argue this isn’t a goal for the coach). I could go on but we all know the story. It’s just complete BS and I look forward to the case against Texas Tech.

When he wins the case against Texas Tech by proving that his firing was wrong, ESPN and Spaeth will be concerned, especially if the truth about Adam James’ comes out during the trial.

by jeremyb91 on Feb 17, 2012 4:53 PM PST reply actions  

... If the truth comes out during the Texas Tech trial

ESPN and Spaeth will be very concerned and be forced to settle out of court unless Leach wants to take it to trial which would be awesome because the media would eat ESPN and Spaeth alive with all of the information which would be forced to come out.

I hope Leach doesn’t settle.

by jeremyb91 on Feb 17, 2012 4:59 PM PST up reply actions   1 recs

For this very reason, you gotta think ESPN is going to do everything to settle.

As much as everyone would love ESPN reporting on their own screw up, I just don’t see it happening. But holy cow would that ever be delicious.

I think the best case scenario is this:

Bruce Feldman reporting ESPN has settled out of court.

by Kyle Rancourt on Feb 17, 2012 5:02 PM PST up reply actions   1 recs

Three days afterwards.

#CougHarmonyOnTwitter #teamnopants

by TiltingRight on Feb 17, 2012 6:21 PM PST up reply actions   1 recs

The best part of the ESPN suit is, if James is ever hired back by ESPN

He won’t be coming to Pullman or doing a WSU game. And that’s just fine by me and every one else on the Planet Earth

Two in the cake, one in the puddin'! -Kevin Calabro, Twitter: MichaelTheCoug

by Michael The Coug on Feb 17, 2012 6:50 PM PST up reply actions  

I want to see this

Breaking News

ESPN is reporting that ESPN has settled the lawsuit with Mike Leach. ESPN has no comment on the settlement and terms are undisclosed.

Now back to Sportscenter on ESPN.

by 02Coug on Feb 17, 2012 7:18 PM PST up reply actions   2 recs

What the hell is he doing before punching the monitor?

Playing snake? Also, why the hell is there a dumbbell sitting right next to the computer? Shouldn’t it be a Shake Weight instead?

by Kyle Rancourt on Feb 18, 2012 12:47 AM PST up reply actions   1 recs

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