Required Reading: Mike Leach's Fourth Amended Petition
by Peter Bean on May 5, 2010 4:31 PM CDT
in Texas Longhorns Football
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PrintMorning reading: Mike Leach's Fourth Amended Petition in his lawsuit against Texas Tech. The depositions are fascinating.
UPDATE: Texas Tech has filed its answer... Their disputed version of the facts looks weak to me, but if they win on the sovereign immunity defense, the case is over and it won't matter anyway. (I'm not aware if there's an answer out there from Craig James yet, but he won't have that defense available to him, obviously.)
Hat tip: The essential Double T Nation
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Are these typical of pleadings for American courts?
Cultural difference, maybe- but the way the author “aggressively” characterizes the facts, if filed in Canadian court, would reflect badly on the lawyer who wrote them. I’m trying to figure out whether it’s a common stylistic thing or whether Leach’s lawyer sucks.
by BurntOrangeCanadian on May 5, 2010 11:41 PM CDT up reply actions
It did seem written very impartially to me too.
Not that I know anything about the law — I write academic papers where writing like this would seem very arrogant. I suppose that is the point, though.
Other Receiving Votes: Oklahoma
by pleaseplaykindle on May 6, 2010 12:41 AM CDT up reply actions
Two things going on with the pleadings
Generally in Texas we do not put all those facts in a Petition. Normally you just put sufficient claims for notice of the causes of action.
The gory details were obviously included for “our eyes” and the media. But, the lawyers for Leach also have a serious hurdle to get over (the sovereign immunity defense) so they are trying to put as much in front of the judge as possible in an attempt to get over the hurdle.
The cites to depositions is very odd in a Petition. It is normal in a brief or even a Motion, but I can’t recall ever seeing depositions cited in a Petition. But, they are trying to show the Judge why she/he has jurisdiction to hear the case.
...
I started to read this, but I was only coming to BON as a break from studying for my Contracts exam tomorrow. That affadavit felt like studying.
Still, I think, at the end of the day, TTU will be screwed. Those e-mails were too damning.
Two teams can play each other head-to-head, and sportswriters still have to vote who they think is better.
by Longhorn_Seminole on May 5, 2010 5:22 PM CDT reply actions
What do you call 1,000 lawyers chained to the bottom of the ocean?
A good start.
by Eskimohorn on May 5, 2010 5:32 PM CDT reply actions 1 recs
Naw, let em get chained up PB
I could use 1000 less lawyers in the market.
Two teams can play each other head-to-head, and sportswriters still have to vote who they think is better.
by Longhorn_Seminole on May 5, 2010 5:54 PM CDT up reply actions
OOOOOHHHHHH!!!!!!
You just locked them up in a dark closet.
"I live in the tower with Coach Brown." -Bevo
by run Bevo run on May 5, 2010 11:55 PM CDT up reply actions
Craig James
After reading the complaint, I feel like Craig James manages to look like only the 3rd or 4th worst person in all of this. That’s pretty amazing.
I Will Say He Showed Some Professionalism
When he covered the TT games – this situation never bled through his analysis. I specifically remember him lauding the receivers in front of Adam, and pointing out that their talent was the main reason his son did not see much playing time.
I fail to see what this has to do with unlawful searches
by 40AS on May 5, 2010 6:06 PM CDT via mobile reply actions
Thanks for the Post
Interesting read – but hyper criticism of Craig James is a bit overblown. He complained about the treatment of his son – perfectly within his rights – period. The decision and politics that led to the termination were all Texas Tech Administration vs. Leach squabbles.
When in this situation – I go by the WWMD (What would Mack Do?) test. Leach fails this test – as I guarantee you that Mack would have handled more openly, more honestly, and with more seperation of the medical and coaching staffs.
So in the end, Leach suffers due to a poor handling of the situation. TT will suffer credibility, and prolly will end up paying the majority of the money. James gets a tarnished reputation – and all parties probably reaped what they sowed.
Plenty of blame to go around
But that cast a new light on James, in my eyes. From the complaint, this appears to be (my opinion, not fact /legal disclaimer) more than mere complaining about playing time. The allegations make it sound (to me) like James was in cahoots with the regents who wanted him gone.
If so, that’s foul play and nasty business. If true, he’s a bum and, however Leach could have acted differently to help himself, the bad guys on this are on the other side.
You ain't hurt...
Yup - But
I just can’t understand why Tech negotiated and agreed to the contract and then almost immediately wanted out of it. You would think that the chasm in the administration would have resulted in letting him walk and not the scenario that played out.
You are right.
They should have gotten rid of the Pirate long before, but the problem was Leach wouldn’t go away. No one would hire him, despite all the “interviews” Leach had. There wasn’t another school at the D1 level that would put up with his arrogance and antics. I doubt they wanted the headaches.
Yes, they should have canned that winning coach ASAP.
All he did was put up the school’s best-ever stretch of wins, bowl games, etc. How dare he be a bit quirky while turning in good bottom-line results!
Watch out, I bite.
by EddieTheAlbinoSquirrel on May 6, 2010 4:27 PM CDT up reply actions
You are welcome to your opinion, as I am mine. Leach only recently passed Spike Dykes record in Lubbock.
I just prefer a coach like Mack Brown. Brown has a much better record overall and a much better national reputation, not only for himself, but for the university, as well.
Tubberville will win and he will also be a class act. This was a good hire for the school.
Anyone what to try and expalin to me what is going to happen with the whole sovereign immunity thing?
I ma just a lowly statistician… All of that seemed to just go in circles to me..
JD’s like, "you want some fucking pitching? Here’s all the pitching you can stand. Now choke on it, bitches!"- RCCook
You can only sue states if they consent
Leach is pointing out that in his contract, the state (here, acting through the university) consented to be sued, if his rights were violated.
You ain't hurt...
So Tech's response:
“We didn’t do that stuff.
Also,
BLAHBLABHABLAHBALBHALBHBLBALBBLAHBLABLBHALBHBALBAHBAHBAH
BABHAHBABALBALHBALAHBLAHBLAHABLHBALHBLHBLB
HBALHAMIKELEACHSUCKONMYSOVEREIGNBALLSBLAHBLAHBLAHBL
AHBLAHBLAHBLAHBLAHBLAHBLAHBLAH
Signed,
JOHN ASSHOLE III
JACOB ASSHAT II
LEROY JERKOFF JR
SMOKEY INGA POLEHOFF
JERK JERK JERK IV
This is true.
Not sure if this will require a jury at any point, Ill leave that up to the BON LLP crew, but good luck finding an unbiased jury in Lubbock if it does.
by InDKR'sShadow on May 5, 2010 10:03 PM CDT via mobile up reply actions
Could we refer to them as Idiotic Administration or something of the like?
I hate the fact that they are tied to my University……..
" Answers --Become Resources."
Without Questions, There are limited Resources...
Also, LeTourneau's Athletic Dept. isn't all it's cracked up to be....
And, what does this have to do with anything?
" Answers --Become Resources."
Without Questions, There are limited Resources...
What is a "Polehoff"?
Actually, I don’t know that I need to know
Other Receiving Votes: Oklahoma
by pleaseplaykindle on May 5, 2010 10:53 PM CDT up reply actions
Craig James must be so proud of his son
Adam James has left a legacy at Tech almost equal to the death penalty sanctions Craig James left behind at SMU. What a family!!
Leach is a narcissist, but Tech really f@d this up.
Craig James may be a lot of things, but I don’t believe he was ever cited as one of the players who lived rent free and received payments from the SMU boosters.
One of those SMU boosters contributing to the slush fund was Texas Governor Bill Clements. Who ever said politics and football don’t mix.
by dimecoverage on May 5, 2010 10:11 PM CDT up reply actions
Next thing you are going to tell me there isn't really a Santa Claus
You are right about Craig James being clearly linked, but he was there at the time and it was going on all around him for sure. I don’t think it is much of a stretch to think that he was dirty or at a minimum knew about it. Just because he wasn’t caught doesn’t mean nothin’ dirty was going on.
I’m sure everyone in the program knew, but that doesn’t mean James was on the take. When players come from economically challenged homes, live in spacious north Dallas apartments and drive expensive cars, even Aggies can put that together. (Yes, Aggies were on the take as well thanks to Jackie Sherrill’s socialistic tendencies.)
The good ol’ Southwest Conference. I miss opening the sports page to see who was most likely to go on probation the next year. Great memories.
Sorry to break the news to you, but there isn’t a Santa Claus. Or an Easter Bunny.
by dimecoverage on May 6, 2010 11:17 AM CDT up reply actions
That is just mean
I’m afraid to ask, but—Bevo does live in the tower with Mack Brown, right?
Jackie Sherrill. My dad, knowing that Sherrill would “do whatever it took” to win at A&M made me a bet that A&M would win more games than Texas. I thought he was a sucker…..he still teases me.
You had to spend money to make money (i.e. win) back then.
by dimecoverage on May 6, 2010 11:44 AM CDT up reply actions
Eric Dickerson
stole my Dad’s Earth Wind and Fire tickets when my Dad attended SMU his freshman year (transferred to UT after, unrelated.. I guess..). They caught Dickerson and a friend in the seats…
"I'm young, but I'm old-fashioned." - Will Muschamp
by BMC237 on May 5, 2010 10:51 PM CDT up reply actions 1 recs
Edwin Simmons
http://sportsillustrated.cnn.com/vault/article/magazine/MAG1119943/4/index.htm
•An SMU booster came to Hawkins (Texas) High School to see Simmons. The alum held out a one-page handwritten contract for Simmons to sign. It promised $1,000 for clothes and various bonus incentives, including $500 if Simmons made the All-Conference team. Simmons was told he could have a used car as a freshman and would be given a new car his sophomore year. Asked his preference in automobiles, Simmons said he would like a Z-28 Camaro. He asked to take the contract with him so he could study it, but the alum wouldn’t allow it, saying he had only one copy. Simmons went to Texas because, he told friends, he simply didn’t like the idea of being bought.
He was notorious for driving his SHINY NEW BLACK BMW at Texas and he always parked it right in front of Jester. He never did squat for Texas on the field. We (all UT students) knew that some booster gave him that car. Those were diffrent days.
Maybe Simmons had a very lucrative summer job.
by dimecoverage on May 6, 2010 11:23 AM CDT up reply actions
Naked Reverse
Didn’t Edwin get in trouble in Austin for running thru some ladies backyard naked late at night? I seem to recall a few Edwin stories back in the day…
by Texas_Trainspotter on May 6, 2010 11:49 AM CDT up reply actions
For those who have already forgotten who these people are
You can always just let Google fill in the blanks…
NOTE: The Jameses being football players/credible ESPN analysts doesn’t even crack the top 10. And if there is ever any question of paternity, I think the number of matching adjectives for Craig and Adam should suffice.
by Lincoln on May 6, 2010 12:09 AM CDT reply actions 6 recs
SCANDAL
I just noticed the Bosie St. blog has a Google screen cap of a similar Google search for James (due to his ballot)…and that poster actually did this a day BEFORE I posted the above. The Boise fan must have seen this in his Flash Forward.
My apologies to both those who DO and DO NOT get the Flash Forward reference.
Check out the Texas Monthly article
On this whole ordeal. A lot more plausible than Leach’s version of the events IMO.
by miketag on May 6, 2010 6:19 AM CDT via mobile reply actions
And if you have a ton of time,
make sure and check out the depositions. I’ve linked to a few here – http://www.doubletnation.com/2010/5/6/1460333/leach-and-james-fire-back-world – but you can find the various exhibits here – http://today.ttu.edu/2010/05/texas-tech-files-motion-to-dismiss-mike-leach-lawsuit/ -.
Go Raiders . . .
Double-T Nation
I'm no attorney but
Is it really “whistleblowing” if the “illegal conduct” you are reporting is a disagreement over your contract, and the “law enforcement authority” you report it to is a state court?
No question that TT failed to act, um, transparently, but I don’t know that I buy some of the legal arguments made by Leach’s complaint, namely the whistleblower and takings claims.
I'm no attorney either, but
I would guess that when filing suit they throw out as many claims as possible and see what sticks. If they could somehow claim racism led to his firing they would.
RE:
“What do you call 1,000 lawyers chained to the bottom of the ocean?
A good start.”
I’d actually guess it was BPs defense counsel.
Too soon. Not the time or place.
I’d like to request that all jokes pertaining to Transocean Drilling or The Deepwater Horizon cease.
Those men gave it all.
And honest request from a roughneck.
" Answers --Become Resources."
Without Questions, There are limited Resources...
I didn't think it was possible...
…but after reading this, TT seems even more “trailer-parky” than before. Way to go, Lubbock.
For what it’s worth, I think Leach got hosed. Even though I don’t like the guy, he was always good for a laugh, and was rarely much of a threat. I think Tuberville is a fish out of water out there, and I think TT is in for a couple of dark years before he moves on and somebody else has to start from scratch.
By then we’ll probably be in the SEC West.
If the world was a school, we'd be homecoming king...
You do realize that...
it’s people like you hurling insults like “trailer-parky” around, who actually look like trash, right?
I know it’s a lot to request via the internet, but grow up.
anyone else disappointed ECU didn't take Leach up on his interest in their head job?
Leach coaching the Pirates would have been a perfect fit.
They ended up with Lincoln Riley. Not a bad fit either.
" Answers --Become Resources."
Without Questions, There are limited Resources...
do you mean Ruffin McNeall?
and I’d argue that McNeall over Leach is a bad deal. McNeall reminds me too much of John Blake.
They're actually both
at ECU. McNeill is the head coach and Riley is the OC.
Go Raiders . . .
Double-T Nation
No, I meant Riley.
They have both coaches….
" Answers --Become Resources."
Without Questions, There are limited Resources...
Anyone know the time line on the rulings in this case?
When is there supposed to be a ruling on sovereign immunity, etc..?
JD’s like, "you want some fucking pitching? Here’s all the pitching you can stand. Now choke on it, bitches!"- RCCook
Question
Why couldn’t Leach just kick A. James off the team? Adam James looked to be a cancer in the lockerroom and set a bad example for the rest of the players.
by goingforthecorner on May 10, 2010 3:20 AM CDT reply actions
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