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Texas Supreme Court to Receive Legal Arguments in Lawsuit of Former Tech Football Coach Mike Leach

Thomas B. Shea, Getty Images

The Texas Supreme Court will soon hear from attorneys for former Texas Tech Head Football Coach Mike Leach, as well as Tech’s lawyers.

The Texas Supreme Court Friday requested briefs from Leach’s legal team explaining why Texas Tech is not entitled to sovereign immunity in Leach’s lawsuit against the University for Wrongful Termination and Breach of Contract.

Leach’s attorneys have a deadline of September 19th of this year to provide briefing on the merits of their case. Texas Tech may file their response brief by October 10th, and Leach’s reply brief will be due by October 25th.

Leach was fired in December 2009, and filed suit against Tech in January 2010. In May of 2010, 99th District Court Judge Bill Sowder allowed Leach’s claim of Breach of Contract to continue, and dismissed all others on grounds of sovereign immunity.

The Seventh Court of Appeals reversed Judge Sowder’s ruling in January of 2011. In March 2011, legal counsel for Leach filed a petition for review with the Texas Supreme Court seeking to reverse the appellate court’s ruling.

Lead trial attorney for Leach, Paul Dobrowski, issued a statement Friday saying “We are gratified and pleased that the Texas Supreme Court is seeking additional briefing on Mike’s petition requesting a review of the Seventh Court of Appeals’ decision denying Mike from having his day in court against Texas Tech.”

“Texas Tech has tried continuously to hide its misconduct behind the outdated veil of sovereign immunity,” Dobrowski continued.

Grigg -

In an interview with KFYO Friday afternoon, Dicky Grigg, former Texas Tech football player and the Austin attorney representing Tech expressed confidence that the Texas Supreme Court will find that Leach does not have a case.

“He was simply fired because he mistreated a young student athlete with a concussion, and then refused to work with Tech to try to solve the situation. We’re confident that the Supreme Court will find that he doesn’t have a case factually or legally,” Grigg said.

Leach’s firing due to a refusal to write an official apology for conduct against Tech player Adam James came one day before Leach was owed $800,000 as a tenure bonus, in addition to $1.7 million for 2009 guaranteed outside income and bonuses. He was paid his 2009 base salary of $300,000.

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