Info/Law

The Detroit Free Press’s Shawn Windsor has written a great piece on the nasty contract dispute between Rich Rodriguez, the new football coach at the University of Michigan, and his former employer, West Virginia University. (Disclaimer: he talked with me about the contract dispute, and kindly sent me the current set of filings in the case.) This fight basically takes care of the rest of my semester teaching Contracts - it’s got questions around modification, breach, damages, liquidated damages, requirements to cure… [Update (5 Feb. 2008): Professor Beth Thornburg at SMU Dedman School of Law has a great site with the filings in the case. Thanks to Bill for the pointer!]

For sports fans, this is a question of when coaches can leave their positions for a new job; of whether Rodriguez will be distracted from his work to strengthen the Wolverines’ program; and of whether WVU will be able to maintain its level of success.

For lawyers, this case is great fun: did Rodriguez breach the contract by leaving, or did WVU breach first? Can Rodriguez remove the case to federal court? (Two questions: is he a citizen of Michigan, and does WVU count as a citizen of West Virginia for diversity purposes?) Is the $4 million buyout clause a legitimate liquidated damages provision, or a penalty clause? Why did Rodriguez put up the letter of credit? And since the federal court in West Virginia also draws jurors from that state, is it really a good idea for Rodriguez’s lawyers to say he can’t get a fair trial in Morgantown?

I suspect this case will end with a whimper, not a bang: the parties will settle, money will change hands, and coaches will continue to change jobs. Now if Rodriguez turns into John L. Smith, that will be a big story…

Filed under: Court Decisions, Law School, Media, civil procedure