AVALANCHE-JOURNAL

The state’s Seventh Court of Appeals will hear oral arguments this morning in the legal battle between Texas Tech and former head football coach Mike Leach.

The case is one of four appeals originating from Lubbock trial courts that will be argued before the three-judge panel at Lubbock Christian University.

The Leach hearing is the second case on a morning docket that starts at 9:30 a.m.

Tech is appealing 99th District Judge Bill Sowder’s ruling allowing Leach’s breach of contract suit to proceed against the university.

Tech initially offered a broad “sovereign immunity” position, claiming that as a state agency, it is immune from being sued for its actions.

Leach’s lead attorney, Ted Liggett, told reporters Wednesday he’s expecting a relatively quick decision from the appeals court, perhaps as early as the end of the year.

“We’re optimistic, cautiously confident,” Liggett said.

He said Leach will not be attending the hearing.

Sowder accepted Tech’s argument in dismissing Leach’s claims against Tech Chancellor Kent Hance, President Guy Bailey and Athletic Director Gerald Myers and other officials, but ruled the breach of contract suit could proceed against the university.

“We are looking forward to the hearing. We believe that, after reading the briefs and hearing the oral arguments, the Court of Appeals will agree that the case should be dismissed in its entirety,” said Dicky Grigg, lead attorney for Tech.

As part of the proceeding, Leach’s legal team is also appealing Sowder’s decision to reject several of the fired Tech coach’s claims, including violations of the state’s whistle-blower law.

To comment on this story:

walt.nett@lubbockonline.com • 766-8744

james.ricketts@lubbockonline.com • 766-8706

Comments (10)

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Let the truth come out

Submitted by kfinn on October 7, 2010 - 7:49am.

If the AD acted inappropratiately in regard to Leach's contract, they should pay the price. Maybe that will send a message to the good ole boy network that seems to act as if they were above the law. Nice situation all these idiots, including Leach, put our school in. Program appears to be slipping back to the good ole days. Their new hire Tubberville seems to lie and make excuses with the best of them. Hope I'm proven wrong, but concerned he will run our program into the ground and we'll spend a decade digging out.

kfinn

Submitted by BigD on October 7, 2010 - 8:51am.

"If the AD acted inappropratiately in regard to Leach's contract" Perhaps you need the facts. Look to Guy Bailey for the responsible party in this. You must be a Leacher since your positive spin is sooooo over whelming.

The official clock starts

Submitted by Just-a-thought on October 7, 2010 - 8:55am.

The official clock starts ticking at 9:30 a.m., doesn't really matter about court of public opinion one way or the other.

ON STAGE

Submitted by 1STOOGE on October 7, 2010 - 9:27am.

Why is this hearing being conducted in this type of setting of a circus on public display? Shouldn't the hearing be in court room? Not in the media arena!

Open Courts

Submitted by voteforpedro on October 7, 2010 - 10:39am.

The Seventh Court of Appeals hears cases in Lubbock at least once a year. It's not at all unusual and it gives people outside of Amarillo a chance to see what goes on at the appeals level. I'm not sure where at LCU the hearings are being held but I don't think that it necessarily creates a "circus" atmosphere to allow more people access to our open court system.

Hearings Away from Home Courtroom

Submitted by rkmiller on October 7, 2010 - 10:55am.

It is not unusual for appellate courts to hold hearings in venues other than their home court. The Texas Supreme Court started the trend here in Texas with hearings in Waco at Baylor Law School in 1998. In 2008 the Supremes held hearings in the new Tech Law School mock courtroom. I don't know why the Seventh chose an auditorium at LCU rather than a courtroom-like setting at Tech, but that should not negatively impact the decorum of the process. I am sure one or more bailiffs will have traveled with them to maintain order and propriety -- there will be NO circus atmosphere.

LCU Not TTU

Submitted by Retd_investor on October 7, 2010 - 12:42pm.

I would guess they choose LCU over TTU because TTU is party to the lawsuit.

Big D

Submitted by kfinn on October 7, 2010 - 12:47pm.

Funny Big D, you have decided for yourself what the facts are. If there wasn't a discrepancy in facts, they wouldn't be in court discussing the legal merits of this case and pushing the sovereign immunity argument. You call me a Leacher, I think I did state he acted inappropriately as well. The entire situation was handled inappropriately by all parties in my opinion and our program is suffering because of it. Additionally, what's negative about pointing out the excuses and inconsistencies our current coach is exhibiting? And better yet, what's positive about the product we have recently seen on the field? Sounds like you must be a Myers/Hance supporter.

Choice of Venue

Submitted by rkmiller on October 7, 2010 - 2:03pm.

TTU vs. LCU?? It may be, for appearance reasons only, that the Seventh Court of Appeals chose to hold its hearings at LCU because one of their cases today involves Tech. I don't know, but I seriously doubt it. By that reasoning then all cases involving the State of Texas as a party should not be held in courtrooms in buildings owned by the State. And, likewise for federal cases involving the U.S. or its agencies as parties. I think the Justices of this court are quite capable of looking only at the issues and the law and disassociating any extraneous matters, such as where the case is heard, from their decision. After all, three of the four Justices of this court are Tech Law School graduates. I don't know who is on the panel today, but at least two or perhaps all of the three-judge panel will be Tech Law School graduates.