Just when you thought it was over

lol would it really be that hard to figure it out

just go ask some kids on the play ground...

BY THE WAY: for anyone interested (dub and umblahh probably you guys) i Looked up the Trial and proceedings for the Leach case.

the causes of action Leach is alleging:

A. Breach of Contract - Wrongful Termination
among other things, suspending him without any process or contractual basis, failing to give Plaintiff notice as required under his contract and a reasonable opportunity to cure, and allegedly terminating him for cause when no good cause exists. Specifically, Defendant terminated Leach without providing him with a contractually required notice of conduct Defendant claimed violated the contract terms and at least 10 days to cure any alleged breach, which is also specifically set forth in the contract.

B. Defamation - that Tech made both slanderous and libelous statements including but not limited to:
a) that Mike Leach was terminated for cause;

b) that Leach was insubordinate and refused to cooperate and was responsible for his contract being terminated for cause;

c) that Plaintiff Leach's termination was precipitated by his treatment of a player diagnosed with a concussion and he placed that player at risk of additional injury.

d) that Plaintiff Leach's termination was solely Leach's fault.

These false statements were made intentionally and designed to injure Mike Leach's reputation as a coach, injure him in his occupation, and expose him to financial harm. Plaintiff has suffered damages in excess of the jurisdictional limits of this Court for which he now sues.

C. Fraud In the Inducement
Leach wouldn't have entered into the contract but for the reasonable expectations from representations exhibited in the terms of the contract that he would not be deprived of process in the face allegations of misconduct. Tech's rep. communications with one another during contract negotiations with Leach and their actions surrounding his wrongful termination support the conclusion that Texas Tech, through its Board of Regents, negotiated Leach's contract in bad faith and without any intent to perform it. By way of example, internal emails among the Chancellor and a booster at the time negotiations between Leach and the Chancellor were on-going strongly imply an intent not to perform this contract at the time of its execution.

Leach also says that he was assured that the university would honor the contract (all contract terms)

Defendant knew or should have known the representations were made recklessly or false and that Plaintiff would rely on them in his decision making (INDUCEMENT ELEMENTS)

D. Negligent Misrepresentation
Defendant represented to Mike leach that:
1. he would not be terminated for cause without good cause shown
2. that Defendant would honor all contract terms including his right to cure an alleged violation. Defendant's statements were made negligently without due care
3. Leach shows actual damages of salary and compensation among other things

E. Texas Whistleblower Act
at all times relevant to this lawsuit mike leach was a public employee hired by Texas Tech University as its head football coach. Plaintiff had a written contract of employment

Plaintiff further complained that there existed no legal grounds for the suspension and Defendant was acting without process or any contractual basis.

F. Constitutional Due Course of Law Violation

that tech violated his due process rights under the texas constitution. He was deprived of his property rights under the contract and the due course of law which is entitled under the constitution

G. Constitutional Taking

because leach has vested property in his employment contract, Tech was required to observe due course of law before depriving Mike leach of that interest. And Tech failed to do so.

H. Waiver of Sovereign Immunity

Leach denies that Tech is entitled to immunity from the suit because the defendant has waived such immunity based on it's conduct. (he cites a Texas Southern Case as a valid law

DAMAGES SOUGHT

Obviously Leach is going to seek Expectation Damages, these are purely economic and only compensate him for the loss of the contract value.

he also seeks punitive damages due to the intentional , abusive and reckless conduct of the defendant. these damages are meant to PUNISH an entity.....not just compensate Coach Leach.

Mike leach demands a jury trial.


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