University Of Kentucky Seeks Declaration Judgment To Pay Former Coach, Billie Gillispie, NOTHING. UK May NOT Be The One Scr*wed After All.

Here we go again.

The UK/Billie Gillispie saga continues as UK has filed a counter suit against Billie G. in which the University is asking for declaratory judgment against the coach.

Read the lawsuit here, and then say to yourself: here we go again.

Having said that, let me say this:

Stephen L. Barker, who is representing UK in this lawsuit, has done a marvelous job of attempting to defend the University,, and is following the right approach in this case by asking for a declaratory judgment from the court, pursuant to KRS 418.040.

This is because a declaratory judgment is QUICKER, LESS MESSY (unlike a jury trial) as in LESS Complicated (particularly because you have ONLY the judge as the decider of fact and law) and is EXTREMELY cost effective (one does not have to have the costs associated with preparing, and presenting, a case to the jury).

Beyond that, I would hope that Mr. Barker, will now IMMEDIATELY petition the federal court in Dallas, asking the court to dismiss Billy Gillispie's lawsuit against UK, on the grounds that there is NO diversity of citizenship, as Billy G. claimed, since Billy G. is an actual resident of Kentucky, and not of Dallas, Texas this should be EASY to prove), and that therefore the court LACKS PROPER personal jurisdiction to entertain the lawsuit.

And also beyond that, Mr. Barker has shown that the parties did NOT intend for the Memorandum Of Understanding (MOU) to be a LONG TERM contract; otherwise, why would the parties continue to negotiate the MATERIAL terms of the contract, by way of offers and counteroffers being exchanged between them -- these happened about six or seven times --; and, these negotiations took place well into March 2009, just before the Coach was fired by UK?

It appears to me now, therefore, that with ALL the facts now present (unless more surprising facts are later revealed), that Billie G. is going to have the "G" in his last name initial stand for "GONER".

This analysis assumes that it was UK, but NOT UKAA (the UKAA is a non profit organization, which I am sure, was created with IMMUNITY from this kind of suit for its Directors) that was the entity that the Coach contracted with. Notice that UK is a state agency within the purview of KRS 45A.245 (does anyone doubt it is not?)

So, my opinion is that Mr. Billie G. is out of luck, and that Judge Phillip Shephard, one of Kentucky's best jurist -- I have appeared before the judge on a case -- will find it to be so.

Sorry, Coach. Better luck at your next school.

Update: Listen to Billie Gillispie's Lawyer, Demetrios Anaipakos, explain the basis for his lawsuit.