Ohio Court of Appeals, Tenth Circuit Finds Men’s Basketball Coach’s Breach of Contract Not Material; Ohio State Owes Jim O’Brien Liquidated Damages Under Contract

By Robert L. Clayton, Shareholder, Littler Mendelson, P.C. and Alyson J. Guyan, Associate, Littler Mendeslon, P.C.   In a recent decision that impacts universities and colleges, the Court of Appeals of Ohio, Tenth Appellate District, in James J. O'Brien v. The Ohio State University, 2007-Ohio-4833 (September 20, 2007), found that the conduct of former men's basketball coach Jim O'Brien did not constitute a material breach. Therefore, under the terms of the contract, Ohio State University (