A Texas appeals court denied the appeal of former Texas Tech University football coach Mike Leach.
Leach had appealed a trial court’s decision from a year ago, which granted summary judgment to Spaeth Communications, Inc., ESPN, and college football analyst Craig James, all of whom had been sued by Leach for defamation in connection with Leach’s handling of one of his concussed players, and Leach’s subsequent termination from the university.
Leach’s fall from grace began when he allegedly required football player Adam James (son of Craig James) to stand in an equipment room, while he was sitting out practice because of a concussion.
On Dec. 30, 2009, Texas Tech fired Leach because he refused “to abide by its directives” in the wake of the incident. Leach disputed that reason, alleging instead he was fired because he was due an $800,000 bonus on Dec. 31.
In 2011, a Texas state appeals court affirmed the dismissal of the coach’s breach of contract claim against the school because Texas Tech was shielded by the doctrine of sovereign immunity.
Leach’s claims against the aforementioned defendants for defamation, tortious interference and conspiracy, filed in 2010, remained alive. At the time, Leach’s attorney Ted Liggett said that “on a daily basis we’re still seeing stories across the country with accounts (that) are counter to the truth.” He added that he had asked the defendants to retract their earlier statements and stop misrepresenting the facts of the case, but they refused. “ESPN and Spaeth Communications have been informed as to the falsity of the statements that they have made, yet they have failed to retract those statements,” he said.
The appeals court wrote that “Leach cites no evidence from which a rational juror can reasonably deduce that the University’s president and athletic director actually succumbed to pressure exerted by James or others on his behalf.”
Instead, it found that Texas Tech’s decision to terminate Leach came after the former coach contacted the news media and disparaged Tech.
“The testimony provided by both the president and athletic director explaining why Leach was fired was clear and direct,” according to the opinion. “And while there may be insinuation that James’ pressure may have influenced the outcome, it is just that … insinuation.”
