Legal News

Andrew Giuliani?s Suit: A Shank Into the Woods

By Ashby Jones

We’re not sure what the proper golf metaphor is to describe Andrew Giuliani’s lawsuit against Duke University for kicking him off the school’s golf team. A chip into a bunker? A four-putted 18th green? A duck-hook into the woods?

In any event, the lawsuit’s been dismissed. Unless Giuliani, son of the former New York City mayor (as if you couldn’t tell from the picture — what a resemblance!), decides to appeal, it’s likely the end of the road. Click here for the AP story, here for the New York Daily News story, here for the ruling, from North Carolina federal judge William Osteen. Click here, here and here for earlier posts on the suit.

Giuliani claimed that a coach promised him an opportunity to compete and alleged that the coach manufactured accusations against him to justify kicking him off the team in 2008, when he was a junior.

But Osteen said the offers used to lure Giuliani to Duke did not constitute an enforceable contract. He wrote:

Rather than manifesting an intent to be bound, [Former Duke golf coach Rod] Myers' statements to Mr. Giuliani describe the potential benefits available if Mr. Giuliani enrolled at Duke, earned a spot on the golf team, and maintained that spot on the team. The statements are, at best, ambiguous as to the circumstances under which Mr. Giuliani would acquire any rights. The statement regarding inclusion in tournaments is framed as an "opportunity to . . . earn spots" to compete. . . [and] does not promise unconditional and unlimited opportunities to be on the
golf team. The statement regarding life-time access to the facilities is also indefinite and uncertain about what theoretical rights Mr. Giuliani could obtain.

Judge Osteen did not grant Giuliani’s request for leave to amend his complaint and refile.

Although leave to amend is ordinarily freely given, it may be denied if such an amendment would be futile. In the present case, Plaintiff has not forecast any facts which, if alleged in the complaint, would be sufficient to support a finding that an enforceable contract exists. Therefore, Plaintiff's request for leave to amend is hereby denied.

A call to Giuliani’s lawyer, Robert Eckstrand, was not immediately returned.

Full post as published by Law Blog - WSJ.com on March 31, 2010 (boomark / email).