http://www.myfoxhouston.com/dpp/sports/local/090527_gillispie_sues_ky_athletic_association Updated: Wednesday, 27 May 2009, 6:57 PM CDT Published : Wednesday, 27 May 2009, 4:08 PM CDT MARK BERMAN HOUSTON - Former University of Kentucky basketball coach Billy Gillispie filed a federal lawsuit Wednesday in Dallas against the University of Kentucky Athletic Association, his employer while he worked for the University of Kentucky. Gillispie's lawsuit states that the UKAA has not paid him the $6,000,000 it still owes him from his contract. Gillispie is also seeking all recoverable consequential damages, attorney's fees, costs of Court, as well as post-judgment interest at the highest legal rate on all of his damages. Gillispie is also seeking exemplary or punitive damages as allowed by law. The lawsuit alleges "Defendant has breached its written contract with Coach Gillispie by failing, without legal excuse to perform its contractual obligations." In the lawsuit Gillispie states he signed a seven-year contract with UKAA with an option for a two-year extension. The lawsuit points out Kentucky Athletics director Mitch Barnhart "took the remarkable position" that the two sides never reached an employment agreement. Gillispie's federal lawsuit points out he is entitled to specified payments if he is terminated without cause. "A termination without cause by the University provision that will requre payment of $1,500,000 per year for the remainder of the term of the contract, provided the payment for termination without cause shall not exceed 48 months," according to the lawsuit. The lawsuit states: "Since the date of his termination, defendant has refused to honor the very signed, written agreement with Coach Gillispie which the General Counsel for the University of Kentucky described in November of 2007 as contain (ing) all the basic terms needed for an employment agreement, and can itself serve as the employment contract for the Coach. "Coach Gillispie performed the signed, written contract, and honored his word to UKAA. Unfortunately, because Defendant refuses to do likewise Coach Gillispie files Original Complaint in a final effort to require UKAA to honor its signed, written contract with him," according to the lawsuit. Gillispie was fired March 27 after two years as head basketball coach at Kentucky. Gillispie's lawsuit also alleges the UKAA has committed fraud. "Texas law provides that when a party enters into a contract with no intention of performing it, that misrepresentation may give rise to a cause of action for fraud," the lawsuit stated. Gillispie also alleges tortuous interference by UKAA because he has suffered monetary loss as a result of UKAA's "tortuous conduct." According to the lawsuit when Kentucky first contacted Gillispie about its basketball job he was in the process of negotiating a new seven-year contract with Texas A and M where he was employed at the time. The lawsuit states that new deal would have paid Gillispie an annual salary of $1.75 million. The proposed deal was to run through 2015 and if Gillispie had stayed with the Aggies through 2012 he would have received an additional $1 million. If he had stayed through 2015 he would have received yet an additional $750,000. The contract with Texas A and M was never formalized. In his lawsuit against UKAA Gillispie alleges "defendant intentionally interfered with Coach Gillispie's contract negotiations with Texas A and M through its fraud as well as fraudulent misrepresentation and inducement." The lawsuit states had defendant not interfered during Gillispie's negotiations with Texas A and M, Gillispie would have gladly remained the head basketball coach with the Aggies. Gillispie is asking for a trial by jury. One of his attorney's is Demetrios Anaipakos. "I can confirm we have filed the lawsuit," Anaipakos said in an interview Wednesday with FOX 26 Sports. "For the time being Coach Gillispie prefers to let the lawsuit speak for itself. "We look forward to our day in court." Jimmy Stanton, executive director of public relations and marketing for the University of Kentucky, issued the following statement: "The University of Kentucky learned of the lawsuit filed in Texas by Mr. Gillispie late this afternoon, which is surprising as the university was continuing to negotiate a separation in good faith and his counsel had asked for more time. Since this now involves pending litigation, the university will not be able to discuss any further details of the case." The university is being represented in the matter by Steve Barker of Sturgill, Turner, Barker & Moloney in Lexington. Gillispie's attorney does not see how UK is surpised by the lawsuit. "I have had no contact with the University of Kentucky yet, but I find it hard to believe they were surprised by the lawsuit since they have had since March 27th to honor their contract with Mr. Gillispie and they haven't," Anaipakos said. " In two years at Kentucky Gillispie was 40-27 including 22-14 during the 2008-2009 season. He was named Southeastern Conference Co-Coach of the year after his first season with the Wildcats.
Wow! Didn't realize he was co-coach of the year at UK. I mean... wow... Go BCG, take em for all they got! Sue TAMU also if possible they probably owe you something for putting them on the map.
Or Acie Law should sue Gillespie for getting hime all those millions I kid, I kid. I'll always be appreciative of what BCG did for us, but he had his chance to get millions from us and he passed it up
Fran had a clause that stipulated he had to be the highest paid coach at TAMU. You'd think maybe an "accident" could have happened...
Um no I won't. Though it was a rough day yesterday for UK. Gillispie is going to lose... mainly because UK's "just cause" for firing him includes mentally abusing players and getting drunk on school grounds. And the signed contract that he stated he signed was never given to the athletics department.
Shut the eff up BCG!!! When you were at A&M I loved you, but now you look like an idiot. Maybe you should have actually signed the contract with Kentucky, dumb@ss!!!
I listened to his atty on 1560 this morning. If what he says is true, Billy will likely win this lawsuit or cause UK to settle. Both parties signed the memorandum, UK's Board approved it, their general counsel referred to it as a deal or contract, they threatened to sue Billy when he was dealing with an asset company in Houston under the terms of that deal........ Billy appears to be in good shape. As for UK (or whatever the entity that signs coach's contracts up there) trying to use the just cause argument now after saying they let him go because he was not a good fit, is total bs.
The were supposedly close to settling last week. UKAA is the the Athletic Association, which is whom he signed the memorandum with... the thing is the just cause wasn't just "bad fit" he had many many problems that they kept under the radar that a trial will bring to light. He's going to end up causing himself more harm than good going after his 6 million dollars. His reputation will take a HUGE hit. They kept things out of the media (namely his mistreatment of players) for all of last year that I would imagine will see the harsh light of day when it goes to trial.
This whole mistreatment of players argument is ridiculous ... Apparently he had a bunch of prima-donnas at UK, and that is the reason those candy-asses were in the NIT last season. How many Kentucky players would have quit like babies last year had Bob Knight been the coach? BCG was successful at A&M because those players were hungry and didn't grow up being told they were destined for NBA-stardom. Pay that man his money!
You have no idea what exactly went on behind closed doors, neither do I for that matter, because they haven't been allowed to talk about it. The kids that came to UK to play prior to this year were not prima-donnas. Our reputation wasn't good enough for that and the ones that had the biggest issues were ones that he brought in. If you say next year they were prima donnas then maybe I would understand it. But last year those kids worked their butts off for BG and when things got rough and they started losing he started taking his frustrations out on them... which just made them more nervous on the court. He doesn't deserve the money if he didn't do the job the contract asked for, oh wait.. he never signed a real contract. http://new.kentuckysportsradio.com/?p=16364 A good read about why he was asked to leave. Edit: Here's the podcast of the interview from above http://thegame.podbean.com/2009/05/28/interview-with-billy-gillispies-lawyer-demetrios-anaipakos/
Sounds to me like it was a "real contract" Both sides signed the memorandum, the board approved it unanimously, the general counsel referred to it as a deal on a couple of occasions. What else do you want? I have little sympathy for Billy but my goodness pay the man his money and move on. Stop trying to cover you ass by saying it was just cause when you announced that his termination was due to him not being a good fit at UK.
You're probably right... someone speculated at one of the UK sites that this is just him trying to force UK into a higher settlement... that it likely will never reach the court.
Why on Earth would Texas law be relevant for a contract signed in Kentucky for work to be done in Kentucky? This part is hilarious. He's basically says he's a moron and was conned into ditching A&M and going to UK.
Here's the first story finally coming out about how Billy G treated the players. The second story is referenced in the first. http://kentuckysportsradio.com/?p=30332 http://www.kentucky.com/818/story/965362.html I know it doesn't sound like that big a deal, but I am with the parents, if that was my 18 year old kid I would have been through the roof. I don't care how successful it was before humiliation is the not the right way to reach kids. No matter what Josh said, I am sure it was embarrassing and degrading to sit in a freaking toilet stall.
This will never reach court. Gillispie does not want this to go that far. This a play for a bigger settlement.
