On November 30, 2017, Rick Pitino filed a lawsuit against the University of Louisville Athletic Association (the “ULAA”).  Pitino filed the lawsuit in response to the ULAA’s termination of its contract with Pitino, which the ULAA terminated after news broke of the University of Louisville’s reported connection to the nationwide NCAA pay-to-play scandal and the revelation of an additional escort scandal involving the men’s basketball team.  Recently, the court held oral arguments on Pitino’s and the ULAA’s cross motions for summary judgment during which Pitino’s attorney’s argued that the escort scandal is irrelevant because the conduct occurred prior to the parties execution of their 2015 contract.  Click for a recent Courier Journal article discussing the case.  Pitino’s argument presents the court with a nuanced question of contract law:  whether conduct that occurred during the operation of a prior contract can support a claim for breach of contract after the parties supersede or substitute their prior agreement with a new contract. If you are unfamiliar with the scandals, in late 2017 news broke about a nationwide criminal investigation into NCAA men’s basketball coaches and their staff members allegedly bribing recruits to play for their respective teams in what the FBI is […]

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