Even at this late date, over a month after announcing that Michigan hired Rich Rodriguez, former coach of West Virginia, to lead its football team, the details of the deal are still up in the air.  The main issue is a 4 million dollar buyout clause that Rodriguez’s contract for employment with West Virginia contains.  The clause calls upon Rodriguez to pay this amount if he leaves before the contract is up. 

The trouble is that everyone just assumed that the University of Michigan would pay to get Rodriguez out of it.  But now that does not seem so clear.  A few things might be going on here.

First, and the most unlikely scenario, is that this could be a case of world class legal incompetence, with those advising Rodriguez to sign a contract with Michigan which does not address the four million dollar buyout fee in his own contract.  The same is true of Michigan, which may possibly find itself in the unlikely position of being sued by its own new coach over this missing clause, the coach arguing that it was the intent of the parties that Michigan pay it.

The second, and more likely (though not by much) scenario is that there is a provision in Rodriguez’s new contract that Michigan pay the amount, and Michigan is stalling because it takes time to work 4 million bucks out of anyone, let alone a stolid bureaucracy like a major college.  Then certain miffed persons in West Virginia wanting to get back at Rodriguez instituted this lawsuit to make themselves look good and feel better about the whole matter (i.e. certain politicians).

The third, and most like scenario, is that the deal between Michigan and Rodriguez is not yet fully consumated, meaning that they have agreed on the main points of the contract of employment (salary, duration, bonuses, etc.) but not the fine points, like when the 4 million dollars gets paid to West Virginia.  This puts Michigan in the cat bird’s seat as far as negotiation of those fine points goes because the clock is ticking now in the West Virginia lawsuit and Rodriguez will soon be incurring legal fees to defend himself in that matter.

Were I him, I would want that lawsuit removed out to federal court since the parties to the action are diverse and the amount in question is over $75,000.00.  I would not want my case being tried by a state court in Morgantown full of Mountaineer supporters.  With a federal court hearing the case, Rodriguez might at least get some Marshall fans on the jury.

While all of the above is conjecture on my part, one thing is clear. 

The situation is a mess.

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