Rodriguez lawsuit heads back to court; West Va. suing over buyout clause

MORGANTOWN, W.Va. -- The lawsuit over a $4 million buyout clause in the contract of former West Virginia University football coach Rich Rodriguez is headed back to the court where it originated.

A federal judge ruled Monday that the matter belongs in Monongalia County Circuit Court. That's where WVU filed the case after Rodriguez resigned to take the head coaching job at Michigan.

WVU had argued that because it's an arm of state government, it can only be sued in state court.

U.S. District Court Judge John Bailey agrees. He says the university is not an independent body.

The ruling also says it's clear the outcome of the case will have an impact on state funds because any money paid to or held by the university is considered the state's money.

http://accesswdun.com/article/2008/2/206827