Friday, December 28, 2007

West Virginia University v. Richard Rodriguez

Update: For those looking for a copy of the complaint and the relevant employment contract documents in the case, read on. For those also interested in the federal removal jurisdiction questions at play, see the following original post and its comments, as well as this post (which links to a copy of the removal notice), this post discussing the alter-ego doctrine, and this post addressing WVU's motion to remand (and linking to the same and accompanying memo).

Update #2: WVU has filed an amended complaint adding a breach of contract claim after Rodriguez failed to make the first payment on the $4 million buyout. This post now has a link to the text of that document.

As those of you who are interested in such things certainly already know, WVU has filed a declaratory judgment action against Rich Rodriguez (hereinafter "The Rat Bastard" or "TRB") seeking a ruling that the university lived up to its obligations under TRB's employment contract and is entitled to liquidated damages of $4 million. For your perusing pleasure, I am posting a copy of the complaint, which has the contract documents attached as exhibits.

(Bonus content/pop quiz: True or False: TRB's lawyers can successfully remove this case to federal court. Best answer and cursory-but-correct-explanation wins an undetermined prize of little or no monetary value. Leave your answer --and e-mail address, if I don't know you-- in the comments).


Alex said...

I suppose the answer is true, only because the opposite seems too easy. So, working under that premise. . . .

I don't know if there is some oddball fed statute out there on either employment law or dec. judgments that allows for federal jurisdiction. I know I find crazy statutes all the time, but, in this case, I'm going to say no (mostly because I don't want to search).

I think the best bet for fed. jurisdiction is to say that coach was actually a citizen of Michigan at the time of the breach (or maybe it is the time of the lawsuit that controls). He certainly had the intent component, but did he have a physical presence? I don't know the latter, but he was probably in Michigan at some point. Who knows, maybe he has already moved in.

P.S. I have always thought he was overrated. Great recruiter, ok, but lousy play caller and never wins the really big games.

Hancock.Tom said...

The answer is of course they can remove. The question is will WVU be able to remand.

I'm not so sure. If, at the time of the breach, RRod was physically living in michigan with no plans to return to live in WV, then Alex might be right - Federal Court it is.

I'm not that experienced with the northern district, but I'm not sure removal is going to help him that much. I'm sure the ND guys are going to strictly construe the clear and unambigous terms of the contract, which say RRod has to pay 4 mil.

Brian said...


Note that I said "successfully remove," which I define as a removal petition that could survive sua sponte review and a motion to remand. Indeed, I was actually going to go with just "remove" at first, but right before I posted I thought "some smartass will come along and point out that any removal petition gets a case to federal court until it's reviewed/challenged" and qualified the term.

(kidding, kidding)

As for the question, I'll keep it open for a while longer.

Anonymous said...

I'm doubtful on removal to Fed. jur. What is the basis? As far as I know, DickRod still permanently lives in WV, the contract was negotiated, drafted, delivered, and executed in WV. Moreover, I think that if he tried to claim that he's a Michigan resident, WVU could argue that he moved to create diversity.

Hancock.Tom said...

Anonymous is probably right... RRod is probably stuck in Judge Stone's courtroom in Morgantown.

Further, I can't find any of the contract provisions that RR can claim WVU breached. Did anyone else?

Anonymous said...

Do we know this is in front of Judge Stone? Has it been assigned?

This raises an interesting situation: Judge Stone is retiring at the end of 2008--what are the chnaces that, if he is sitting on this matter, it will still be pending when his term expires?

Brian said...


The only thing that struck me was the Puskar Center language (page 38 of the pdf). The dates there seem to be off and I'm not sure what the correct timeline is, but I was under the impression that WVU was behind schedule.

My question, for any takers, is this: suppose TRB could show that WVU "substantially and materially" breached the agreements. Does his failure to give notice before quitting still trigger a liquidated damages award to WVU? It would not have under the original Agreement and the First Amendment, but in the Complaint WVU argues that it does under the Second Amendment. I'm not quite sure; TRB's counsel may be able to colorably argue that absence of notice only means that WVU doesn't have to pay TRB liquidate damages (see pages 30 and 31).

Brian said...

Regarding my question/quiz, good comments all. See my new post for my indecisive decision.

Anonymous said...

Wanna Get HIGH? Running out of Supply? Then Check Out My Shit!
>>>>> <<<<
If you have questions, you can email my boy at online.mentor [at]

[size=1] IGNORE THIS----------------------------
Krypto Big Buds GHB [url=] natural highs [/url] amainta muscaira sakvia divinnorum [url=] smoke legal herbs[/url] ssalvia divonorum amanitaa miscaria [url=HTTP://BUYINGMARIJUANASALE.INFO] Order Marijuana [/url] salviaa divinorun ecatasy plils [url=HTTP://BUYLEGALBUDSCOMREVIEWS.INFO] best legal buds [/url] Ecstasy Drugs bjfo alvvarius [url=HTTP://CANNABISHIGH-PILLSHIGH.INFO] Cannabis Effects[/url] extacy nufo alvariys [url=HTTP://HOWTOBUYWEED-BUYINGWEED.INFO] how to purchase Cannabis sativa[/url] amanitaa umscaria salbia duvinorum [url=] legal buds [/url]

psilocybe mushroom pictures buy kratom tincture [url=] legalweeds [/url] amanita muscaria from hashish info [url=] order salvia extract[/url] amaniat muscarai Legal Bud Specials

pictures of people on meth what stores sell kratom [url=] legalweed [/url] dcstasy pulls Pseudoephedrine Sulfate Meth [url=] buy salvia extracts[/url] ssalvia ddivinorum manita muscarria
[url=]height enhancement[/url] -
height increase -
[url=]proven penis enlargement[/url] -
proven penis enhancement -
[url=]skin care advice[/url] -
skin care tips -
[url=]get rich gambling[/url] -
get rich gambling -
[url=]herpes outbreak[/url] -
herpes outbreaks -
cure premature ejaculation - http://STOP-PREMATURE-EJACULATION-SOLUTIONS.INFO
[url=http://3GMOBILEPHONESFORSALE.INFO]mobile phones on sale[/url] - http://3GMOBILEPHONESFORSALE.INFO
3g mobile cellphones for sale - http://3GMOBILEPHONESFORSALE.INFO
[url=] international oddities scam[/url]
[url=]reviews of dro bud [/url]
reviews of dro bud
[url=] best acne treatment review[/url]
acne treatment review
[url=HTTP://LEARN-HYPNOSIS-ONLINE.INFO]learn hypnosis online[/url]
learn hypnosis online

Anonymous said...

Hey guys,

I'm seeking help for the children of Haiti.

I'm at this site for a non-profit haiti organization that is devoted to giving time to
creating oppurtunities for the children in haiti. If anyone here wants to give money then this is the site:

[url=]Donate to Haiti[/url] or Help Haiti

They provide kids in Haiti a positive learning environment.

And yes, they're real.

It would be awesome if you could help us

Anonymous said...

In today’s rocky economic climate, most households are cutting back wherever they can. I too faced the problem and wated to cut down on
cable tv, I tried P2P, but then not impressed with it. I started collecting ways to watch my favorite tv shows online.
I have listed then in my blogspot, I try to cover as many tv shows and matches as possible, to help others like
me to watch their favorite sports or tv shows online for free.

But my list is not complete, I don't know where to find some international shows, for sports you have numerous resources, Can someone here help me with that?
Please tell me you favorite shows that you watch regularly and also some ideas to cover them. If you need to know the shows that I cover, then visit my blogs

[url=]Watch Online TV Shows for Free[/url]
[url=]Watch Online Sports for Free[/url]

Anonymous said...

looking for the purpose ed drugs? [url=]buy viagra online [/url]and charge out of set free shipping at . another good place to [url=]buy viagra online[/url] is .

Anonymous said...

The French gourmet cheese Bleu d'Auvergne has a wonderful aroma, a rich taste; the saltiness increases with the incidence of veining. The overall flavor is piquant but not overly sharp. Bleu d'Auvergne started life as an imitation of Roquefort, using cow's milk in place of sheep's milk. Legend has it that a peasant, around 1845, decided to inject his cheese with a blue mold that he found growing on his left-over bread (the motto being, waste not, want not). And thus, the gourmet cheese Bleu d'Auvergne was born. This French gourmet blue cheese comes from the region of Auvergne and the cheese is made from milk of Salers and Aubrac cows. The rind is very thin and so the cheese is usually wrapped in foil. The cheese is rich and creamy with a pale yellow color and scattered holes and well-defined greenish-blue veining. We cut and wrap this cheese in wedge of 8 ounces and 1 pound.

buy fresh blue cheese

[url=]buy fresh blue cheese[/url]

Anonymous said...

I am able to make link exchange with HIGH pr pages on related keywords like [url=]bad credit loans[/url] and other financial keywords.
My web page is

If your page is important contact me.
please only good pages, wih PR>2 and related to financial keywords

Anonymous said...

It's so easy to choose high quality [url=]replica watches[/url] online: [url=]Rolex replica[/url], [url=]Breitling replica[/url], Chanel replica or any other watch from the widest variety of models and brands.

Anonymous said...

megan fox naled, [url=]transformers characters/shia leboef megan fox[/url] megan f ox
kim kardashian nud?, [url=]kim kardashian bounced[/url] kim kardashian sex footage
taylor swift in csi, [url=]taylor swift grammy video[/url] taylor swift tour dates
hanna montana mp3, [url=]hannah montana . com[/url] free hannah montana tomtom voices
harry potter songs, [url=]harry potter cookie jar[/url] universal studios harry potter
list tom cruise movies, [url=]cruises to chile[/url] tom cruise valkyrie
justin bieber one less lonely girl lyrics, [url=]justin bieber and his girl friend[/url] baby justin bieber
britney spears quotes, [url=]britney spears on a yacht[/url] britney spears smoking
megan fox lesbian video, [url=]megan fox in jennifer's body topless[/url] megan fox nasty

Anonymous said...


I mostly visits this website[url=].[/url]Lots of good information here Let me tell you one thing guys, some time we really forget to pay attention towards our health. In plain english I must warn you that, you are not serious about your health. Research presents that almost 90% of all United States adults are either chubby or weighty[url=].[/url] Therefore if you're one of these individuals, you're not alone. Infact many among us need to lose 10 to 20 lbs once in a while to get sexy and perfect six pack abs. Now the question is how you are planning to have quick weight loss? [url=]Quick weight loss[/url] is really not as tough as you think. You need to improve some of you daily habbits to achive weight loss in short span of time.

About me: I am webmaster of [url=]Quick weight loss tips[/url]. I am also health expert who can help you lose weight quickly. If you do not want to go under difficult training program than you may also try [url=]Acai Berry[/url] or [url=]Colon Cleansing[/url] for fast weight loss.

Anonymous said...

Once upon a time air travel was a great deal simpler than it is today. You called one of a few airlines that flew from your airport, the agent would tell you what flights were available for a given time, and you booked the one you wanted. Airports were always bustling places, especially during the holidays, but as long as you gave yourself adequate time, the process was usually the same. You would check your bags, go through the x-ray machine, get your boarding pass, and wait patiently at the appropriate gate. Once you got on the plane you ate the snack or meal that came with your flight and watched a movie.

In recent years travel by plane has become significantly more complicated. There are so many different configurations for flights and types of fares. Dire economic circumstances have caused airlines to raise rates and charge extra fees for everything from baggage to blankets. There are complex rules about what you can and cannot carry in your luggage. It can be very difficult to determine whether you are getting the best deal or the best services when you buy an airline ticket. The internet makes the navigation of airlines, airports, and flight itineraries easier, but, even so, be prepared to do some research if you want to find a flight at the best price.

Here is something up front that might save you time and money right off the bat. If you are traveling within the United States mainland, always look at Southwest Airlines first. Southwest is almost always the best deal you will find. However, Southwest itineraries do not appear on the major travel websites, so always go directly to the airline's website for information. Plug in your travel plans, and you will get a list of all the flights that are available. Southwest typically charges more reasonable prices than other airlines, and there are no hidden fees. The price you see is the price you get although tax and the government fee that is attached to all flights does apply. For lower prices than you can probably get anywhere else look at the "web only" fares, but keep in mind that these fares are not refundable.

[url=]Information about air tickets[/url]

Anonymous said...

whats up everyone

great forum lots of lovely people just what i need

hopefully this is just what im looking for looks like i have a lot to read.

Anonymous said...

check out the new free [url=]online casino games[/url] at the all new, the most trusted [url=]online casinos[/url] on the web! enjoy our [url=]free casino software download[/url] and win money.
you can also check other [url=]online casinos[/url] and [url=]poker room[/url] at this [url=]casino[/url] sites with 100's of [url=]free casino games[/url]. for new gamblers you can visit this [url=]online casino[/url].

Anonymous said...

if you guys requisite to pick up [url=]viagra[/url] online you can do it at, the most trusted viagra drugstore pro generic drugs.
you can disinter drugs like [url=]viagra[/url], [url=]cialis[/url], [url=]levitra[/url] and more at, the pre-eminent [url=]viagra[/url] originator on the web. well another great [url=]viagra[/url] pharmacy you can find at

Anonymous said...

visit if you want to view the best adult webcams.

Anonymous said...

Instantly translate entire web pages, blogs or documents in a single click using our miraculous online translation software. Our incredible translator tool supports 75 languages including English, Spanish, French, Korean, Japanese, Hebrew (Yiddish), Swedish, Dutch, German, Italian, Croation, Chinese (Simplified), Chinese (Traditional), Portugese, Russian, Serbian, Turkish and more! It also comes loaded with a leading dictionary, spelling and definition package. Use our simple and intuitive translation software to translate words, webpages or document formats such as Word, PDF and text. Download our amazing translation software for free and start translating now!

You can download it here:
[URL=]Babel Fish[/URL]

Anonymous said...

[url=]internet casino and sports betting[/url] [url=]free online casinos tournements[/url] [url=]bonus casino game online sign up[/url] [url=]casino internet rating[/url] [url=]free internet casino online gambling gonegambling[/url]

Anonymous said...

[url=]casino black jack poker online[/url] [url=]free cash bonus casino[/url] [url=]hard rock hotel and casino fort lauderdale[/url] [url=]soaring eagle casino resort[/url] [url=]rtg casino free play[/url]

Anonymous said...

[i]знакомства люблю анальный секс уфа Интим знакомства Аксай знакомства секс девушки московская область [/i]
Секс знакомства Ликино-Дулёво знакомства для секса г. иркутск Секс знакомства Волхов
[i]знакомства секс томск Секс Балахна знакомства [/i]

Penis Enlargement Pills said...

Vimax Pills is a powerful natural herbal male enhancement that increases penis length and girth, sexual desire, sexual health and helps to achieve stronger erections, Buy Vimax Pills best penis enlargement pills

about author:
best penis enlargement penis enlargement pills improve sexual performance and stamina

best penis enlargement pills VigRx Plus Vimax Pills ProSolution Pills clinically proven for enlarge your penis up to 3-4 inches in 3 month 100% money back guarantee FDA APPROVED

Anonymous said...

buy viagra

viagra online

generic viagra

Anonymous said...

Predilection casinos? probe this progeny [url=]casino[/url] games. navigator and take up online casino games like slots, blackjack, roulette, baccarat and more at .
you can also go over our lately [url=]casino[/url] give something at and replace in true tangled money !
another late-model [url=]casino[/url] spiele neighbourhood is , in the course of german gamblers, span unrestrained online casino bonus.

Anonymous said...

So I bit the bullet -- bought myself a [url=]Fatman iTube Red i[/url] and I've gotta tell ya I am pleasantly surprised. I actually listened to one at a friend's house a few months back and just couldn't get that sound out of my head because it really truly surprised me. I searched high and low for a great deal and finally found it at [url=]Ordio[/url] in Westfield Bondi Junction. I telephoned them first and asked every question I could think of and everything was answered to my satisfaction so I went ahead and made the purchase. Dispatch was very fast. Everything was as it should be. I'm pretty darn happy and I'm playing it right now. Not sure if they ship outside of Oz but you won't be sorry if they do.

Music to my ears...


Anonymous said...

All about shop-script
Can it: modules, templates, sql DB and othes...
FREE all products :)

Варез и нулл движка размещен не будет.:-]
В сети и так полно
Что касаемо модулей и прочего, берется материал из открытых источников. Если интересный материал имеет какие-нибудь непосредственное авторство или права, то только с согласия автора!!!
Тематика форума: Обсуждение работы интернет магазинов на движке shop-script, обмен опытом, тестирование новых или уже известных модулей, участие в разработке новых решений и/или дополнений для shop-script, использующихся в интернет-продажах.


Anonymous said...

Hello. In a crisis, fell revenue from sales [url=][/url] . Tell my what can be done. Thanks in advance.
Vsem privet. V uslovijah krizisa upal dohod ot prodazh [url=][/url] . Podskazhite chto mozhno sdelat'. Zaranee Spasibo.

Anonymous said...

looking for [url=]seo specialist[/url] ? check for all to see our [url=]free twinkling of an eye templates[/url] and get your own falsh website for delivered today, huge selection of free [url=]flash templates[/url] for you online, tons brand-new designs with ir without flash.
so choose your [url=]free flash template[/url] from the larget [url=]flash templates[/url] selection. so get your [url=]free website templates[/url] now and build your [url=]free website[/url] .
want to watch [url=]adult movies[/url]? or even to [url=]buy viagra[/url] online, check this new [url=]online pharmacy[/url] for great deals. so [url=]buy viagra[/url] online. check out this [url=]Casino en ligne[/url]. or [url=]casino spiele [/url]. [url=]online casinos[/url] , check out this great [url=]online casino bonus[/url] .

Anonymous said...

Молодежная рок-группа “Ранетки” говорит вам спасибо за такой прекрасный блог!

Anonymous said...

[url=]supra shoes[/url]
[url=]supra shoes uk[/url]
[url=]sport shoes[/url]

Anonymous said...

[url=]Moncler Vest outlet[/url]
[url=]outlet moncler[/url]
[url=]supra shoes[/url]
[url=]supra shoes[/url]
[url=]supra shoes[/url]
[url=]outlet moncler[/url]
[url=]supra shoes[/url]

Anonymous said...

Yet people prefer Mumbai flights, they pick for the Mumbai trains as these people are cheaper. Ones information is available on the site 24X7 which manufacturers it easier to successfully learn about lower cost flights at any and all time of all day.That this departure of Kingfisher first flight no. Most necessary airlines in some sort of UK operate flights to Pakistan as well as thus finding cost-effective flights to Pakistan is not really a tedious job![url=] flights to orlando [/url]

Anonymous said...

The organization delivers one [url=]mua hang gia re[/url] for every functioning day in each of the marketplaces it serves. The Groupon functions as an assurance agreement making use of ThePoint's platform: if a specific quantity of people indicator up for the offer you, then the offer receives provided to all if the predetermined minimal is not achieved, no 1 gets the deal that day. This minimizes likelihood for merchants, who can deal with the low cost coupons as amount special discounts as properly as earnings marketing methods. Groupon assists make income by making an attempt to preserve about fifty % the resources the client pays for the coupon.

For illustration, an $eighty therapeutic therapeutic massage could be acquired by the customer for $forty by way of Groupon, and then Groupon and the retailer would split up the $forty. That is, the retailer offers a massage valued at $80 and receives approximately $twenty from Groupon for it (beneath a fifty%/fifty% break up). Or, if $240 worth of residence painting solutions is acquired by the buyer for $fifty by signifies of Groupon, then the group will get $twenty five and Groupon retains $20 5. The consumer will get the therapeutic massage, or the home portray services, in these illustrations, from the retailer for which they at first paid out $forty (or $fifty) to Groupon. There are certain businesses to which Groupon originally did not give its solutions, like capturing ranges and strip golf equipment even so, taking pictures ranges have been showcased on Groupon.

In distinction to labeled advertising, the service provider does not spend out any upfront price to take element: Groupon collects private knowledge from prepared buyers and then contacts only folks customers, primarily by everyday electronic mail, who may possibly probably be fascinated in a particular merchandise or support.

Groupon employs a large selection of copywriters who draft descriptions for the special discounts highlighted by email and on the web site. Groupon's promotional text for the 'deals' has been observed as a contributing issue to the acceptance of the world wide web internet site, showcasing a exclusive mix of substantial simple reality-examining and witty humor.

Owing to Groupon's sector presently getting primarily composed of feminine clientele, the bargains are usually centered on the total well being, well being and fitness and attractiveness marketplaces.

There are future problems with the company item. For scenario in position, a effective deal could quickly swamp a modest organization with also several clients, risking a opportunity that consumers will be dissatisfied, or that there will not be ample product to fulfill the need. Hole, a huge garments retailer, was able to manage 445,000 coupon codes in a national supply (regardless of the simple fact that it seasoned server concerns at 1 level), but a scaled-down enterprise could change into abruptly flooded with purchasers. 1 espresso retailer in Portland, Oregon struggled with an improve in buyers for three months, when it sold shut to one,000 Groupons on the a one doing work day it was provided, in accordance to one report. In response to connected troubles, Groupon officers point out that 'deal' subscriptions have to be capped in progress to a smart amount.

Read More: [url=]voucher gia re[/url]

Anonymous said...

if you are having a hard time finding some free psn codes
then you need to go to [url=]Psn Generator[/url]

Anonymous said...

I've been browsing on-line greater than three hours lately, but I never found any interesting article like yours. It is lovely price enough for me. In my view, if all web owners and bloggers made excellent content as you did, the net can be a lot more helpful than ever before.

My blog :: pilates workout exercises