Home -> Law Blog Directory -> Media & Entertainment Law Blogs -> Sports Law Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Media & Entertainment Law
: Sports Law BlogNew SI.com Column on Mike Leach and Texas Tech Legal Battle: Was He Wrongfully Terminated?
By Rick Karcher, Michael McCann, Geoffrey Rapp, Greg Skidmore, and Howard Wasserman
I have a new SI.com column that looks at the Mike Leach firing from Texas Tech and the possibility of a wrongful termination lawsuit. Here's an excerpt:Was Texas Tech legally entitled to fire Leach for cause? In addition to requiring Leach to follow Texas Tech procedures and polices and to provide responsible treatment of players' health, Leach's contract lists the circumstances under which Texas Tech could dismiss him for cause:1) The commission of a major NCAA violation or an excessive accumulation of secondary violations by Leach.
2) Knowingly condoning NCAA violations by any staff member under his direct control.
3) Failure to take appropriate disciplinary action against any staff member committing NCAA violations.
4) Failure to take appropriate disciplinary action against football student-athletes.
5) Indictment for a felony criminal act.
6) A misdemeanor involving moral turpitude.
Worded literally, the six circumstances for cause might not cover Leach's alleged misbehavior. Leach has neither been charged with a felony nor a misdemeanor (Nos. 5 and 6), nor is there any indication that he will be. Even if Leach is eventually sued by James in a civil claim, such as for false imprisonment or intentional infliction of emotional distress, such a claim would not constitute a criminal charge. There is also no indication that Leach failed to take appropriate disciplinary action against football players in this situation (No. 4). Similarly, there are no allegations of major NCAA violations or accumulation of secondary violations (No. 1).
An arguable nexus between James' behavior and the "for cause" stipulations could emerge in Nos. 2 and 3. The NCAA has developed player safety rules that Leach arguably breached when he instructed staff members to isolate Leach. The NCAA is also considering new rules that would demand particularly safe care for players who have suffered concussions.
* * *
I hope you have a chance to read the rest of the column and also hope you read Howard's excellent piece on this topic from earlier today.
Update 12/31/09: I was interviewed by Scott Drake on the Legal Broadcast Network this afternoon to discuss the dispute:
Full post as published by Sports Law Blog on December 30, 2009 (boomark / email).
Dumb Texas Laws
Stupid Laws in the Lone Star State
Pre-paid Leagal Services
What are Prepaid Legal Benefit Plans
Legal Forms
Business and Commercial Legal Forms
Selection of State Supreme Court Judges
How State Court Judges are Selected
Best Law Movies
Greatest Legal Movies selected by ABA Journal
Law & Order Depicts Police Procedures and Criminal Justice
Accuracy of Criminal Justice Depiction on Television
Social Security Class Action Launched
to Reinstate Wrongfully Terminated Payments
Texas Employment Law
alleged violations of Texas labor laws including overtime pay, discrimination and harassment.
Legal Malpractice
legal malpractice lawsuits.
Sheriff Interfered With Custody Battle
Greene County to pay $85,000 settlement in trespassing lawsuit.
Bank Transaction
City Bank president Mike Liner agrees to pay $25,000 fine for assisting in a cash deposit.
State of Virginia
$11 million settlement reached in Virginia Tech massacre.

Texas Tech Coach Mike Leach Heads To Court To Battle Suspension
What are Leach and IMG thinking
Woodland Hills Employees Wrongfully Terminated Must Face At-Will Employment Limitations









