Full Version | Mobile Newscast
WVNS Home

Featured Links | Gas Price Tracker | Getting Started w/ YouNews™ | Camden Park Summer Giveaway | Greenbrier Classic

HOME  |   NEWS   |   WEATHER   |   SPORTS   |   LIFESTYLES   |   OPINION   |   COMMUNITY   |   PROGRAMMING   |   DECISION MAKERS  |  YOUNEWS   |   ABOUT WVNS   |   CONTACT WVNS
What's On WVNS-DT Now?Full Listings
11:00 AM:  The Price Is Right  
12:00 PM:  59 News @ 12p  

Home > Sports

Print this story RSS
WVU Lawsuit Against Rodriguez Headed Back to Morgantown
Posted Monday, February 11, 2008 ; 12:36 PM | View Comments | Post Comment
Updated Monday, February 11, 2008; 05:51 PM


 Watch Story Video
A federal judge ordered that the case be moved back to Monongalia County Circuit Court.

CLARKSBURG -- U.S. District Judge John Bailey issued an order Monday morning granting West Virginia University's motion to remand its case against former head football coach Rich Rodriguez to Monongalia County Circuit Court.

Bailey found that WVU is "an arm or alter ego of the state" and therefore not a citizen. For the case to be heard in federal court, it would have to be between two citizens.

In making his determination, Bailey used a four factor test established in the case of Ram Ditta vs. Maryland National Capital Park & Planning Commission. The four factors in the test are: will the outcome affect the state treasury; does the entity have significant autonomy from the state; is the entity involved in statewide concerns; and how is the entity treated by state law.

Bailey found that the case will have an effect on state funds; that WVU is not significantly autonomous from the state; that WVU is involved in statewide concerns; and that West Virginia state law clearly defines WVU as an arm of the state.

Judge Bailey did deny WVU's motion that Rodriguez pay the costs associated with the case being removed to federal court. He also denied WVU's request that its lawyers be allowed to depose Rodriguez and his wife, Rita to establish that they were West Virginia residents at the time the lawsuit was filed. Bailey denied that motion, because it is now moot.

Bailey did not address Rodriguez's claims that he and his wife were Michigan residents at the time.

To read Judge Bailey's full order, click below.

Judge Bailey's Order

Reacting to the decision, WVU's lead counsel Tom Flaherty gave the following statement: "We thought that we had a clear position that this should have never been removed to federal court. We anticipated Judge Bailey's decision, and we anticipated correctly. They should have never removed this case in the first case."

Now that the case is back in Monongalia County Circuit Court, WVU's lawyers will push for a scheduling conference with Judge Robert Stone, as soon as the judge's schedule permits.

Copyright 2010 West Virginia Media. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Most Popular Stories on WVNSTV.com Most Discussed Stories on WVNSTV.com

User Comments [ post comment ]
0 comments have been posted.
Post Your Comments
All fields are Required
Name: 
Email: 
  A valid email address is required to allow WVNS-TV to monitor comments and track users posting inappropriate comments. WVNS-TV does not use these for any type of SPAM operation.
Comments: 
Security Code: 
Enter the code exactly as you see it above.

NOTE: You may refresh the page to load a new Confirmation Code if this one is unreadable.
 
I have read and agree to the WVNS Commenting Policy
NOTE: It is unlawful to disclose personal information, including names, of minors under 18 involved in any criminal action.
 

Other Sports Categories


  • Baseball

  •   Orioles Fall to Rays in the Final Two Games at Bowen Field
      Locals React to Bluefield Orioles Leaving Town
       
  • Bluefield State

  •   Two New Coaches Revealed at Bluefield State College
      Bluefield College Brings Back Football Team
       
  • College

  • Houston Football Player Sues Marshall, Conference
      Unedited Video: Doc Holliday's First News Conference
       
  • Concord University

  •   Concord Destroys Southern Virginia 72-21
    Concord University Honors Hillman with Football Facility
       
  • Countdown to Kick-Off

  • Tailgaters Kickoff the Party at Mitchell Stadium
    Sports Zone: Teams Take to the Gridiron
       
  • Friends of Coal Bowl

  •   Coal Bowl Rival Mascots Are Old Friends
      Mountaineers Stage Second Half Rally, Top Herd in Friends of Coal Bowl
       
  • Golf

  • Stuart Appleby Wins First Annual Greenbrier Classic
    Media Center at Greenbrier Classic
       
  • High School

  •   Sports Zone Part 5: Week 1 of High School Football
      Sports Zone Part 4 (Bill O'Brien Interview): Week 1 of High School Football
       
  • High School Heisman Student Profiles (WVNS)

  •   High School Heisman: Samatha Thomas
      High School Heisman: Mitch Tuggle
       
  • Marshall

  • Houston Football Player Sues Marshall, Conference
      Unedited Video: Doc Holliday's First News Conference
       
  • Mountain State University

  •   Mountain State Adds New Recruit
    Marshall's Cam Miller Transferring to Mountain State University
       
  • NFL

  •   Sick Pittsburgh Steelers Fan Gets His Make-a-Wish
      Pat White Talks about Upcoming NFL Season
       
  • Steelers

  •   Sick Pittsburgh Steelers Fan Gets His Make-a-Wish
    On The Clock: NFL Draft Under Way
       
  • Student Athletes of the Week

  •   PikeView Panther Earns Student Athlete of the Week Honors
    Woodrow Girls Basketball Player Earns Student Athlete of the Week
       
  • Virginia Tech

  •   Virginia Tech's Malcolm Delaney Declares for NBA Draft
    Hokies Eliminated From NIT by Rhode Island
       
  • West Virginia Power

  • Power Drop Two Straight
      Lights Out for Power Win Streak
       
  • WVillustrated.com

  • Geno Smith Prepares for First Start as a Mountaineer - Video Included.
    VIDEO: Bob Huggins speaks to WVillustrated.com about the new Nike Pro Combat Uniforms
       
  • WVU

  • Marshall vs. West Virginia Single Game Tickets Available
    Hospice Fundraiser Features Mountaineer Icons
       

    This content requires the latest Adobe Flash Player and a browser with JavaScript enabled. Click here for a free download of the latest Adobe Flash Player.


    © West Virginia Media Holdings, LLC
    WBOY-TV I WOWK-TV I WTRF-TV I WVNS-TV I Your ABC I ABC Ohio Valley
    FOX Ohio Valley | FOX WV | State Journal | Country Roads Journal | WVIllustrated.com
    Closed Captioning Issues? | Public File | Privacy Policy


    Site Development and Hosting By Citynet
    Citynet