Texas Tech and Mike Leach were ordered into mediation by Lubbock judge Bill Sowder. Those negotiations have been useless to this point. The truth is that mediation was useless to begin with.It is unlikely that either side is truly interested in a settlement at this point. How soon the Mike Leach legal team is interested in settling may depend on when all useful discovery is complete. Texas Tech is unlikely to be interested in talking settlement under a final ruling is made on the issue of sovereign immunity.
The Texas Tech perspective
The immunity hearing is set for May 14th. Once Texas Tech knows what their legal exposure actually is, they may want to talk about a settlement. However, that may take a while to figure out. It is a foregone conclusion that which ever side loses the hearing will immediately appeal that decision.The Leach legal team may be more interested in discovery than anything else. The Leach team has to know how big of a hurdle the immunity is going to be to overcome. So why sue Tech in the first place? Texas Tech has certain evidence that Mike Leach will need in order to sue anyone in this case.
The Mike Leach Perspective
Even if Mike Leach can’t sue Texas Tech due to their immunity, he may be able to take the information uncovered in discovery and go after the James family or ESPN. What Mike Leach wants is to clear his name by getting the facts out in open court.It may not matter to Mike Leach, who the defendant is.
If the eventual ruling on sovereign immunity goes against Mike Leach, look for his lawyers to turn their attention to the James family or more likely, ESPN. The world wide leader would make better drama and the other networks would like nothing more than to drag ESPN’s name through the mud. Contrary to what many media members are saying, it is unlikely that Team Leach wants a settlement at this point. Texas Tech has made all the allegations that they are likely to make. There is nothing left for Leach’s enemies to say that would be any worse than the allegations already made.
So, for the former Tech coach, he really doesn’t have much to lose by taking this lawsuit all the way. The only people who really want this to go away are in the Texas Tech administration. Well, they are almost the only ones. Tech’s faithful lapdogs in the Lubbock media also want it to go away. The media always resents the truth.
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