Blog Entry

Rich Rod's chances in court

Posted on: March 26, 2008 8:37 pm

One man's opinion on the pending Rich Rodriguez appearance next month in West Virginia regarding the lawsuit. West Virginia is suing Rod Rodriguez over a $4 million buyout clause in his contract. I ran into Chris Davis here in Phoenix. Davis (West Virginia Law 1994) is a lawyer and Mountaineers fan watching his team in the West Regional and offered this analysis on how the proceedings with play out.

"We're (school) owed money. Whether or not that full $4 million can be proved as sort of a punitive damage thing ... that's up to a jury. But in contract law, I don't know if we're going to get the full $4 million. I think we'll probably get sever million --- $2 million to $3 million, maybe.

There are a lot of hard feelings till. I'm surprised he's going to go forward with his deposition, personally ... I just think it's going to look bad."


Category: NCAAF

Since: Apr 3, 2008
Posted on: April 3, 2008 12:23 pm

Rich Rod's chances in court

WVU better take that money and direct it back to the law school because its graduates aren't learning much there. This is a contract action, and punitive damages are almost never recoverable in contract actions. In fact, if the $4 million buyout clause is deemed to be punitive, it will be disallowed. The buyout is a "liquidated damages" clause. Liquidated damages clauses are valid if they are found to be a reasonable estimation by the parties, at the time of signing the contract, of the damages that would result from a breach and if they are NOT punitive. Yikes on that analysis.

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