From our private database of 33,600+ case briefs...
O'Brien v. The Ohio State University
Ohio Court of Claims
2006 Ohio Misc. LEXIS 52 (2006)
In 1997, Jim O’Brien (plaintiff) was hired as the head coach of men’s basketball for Ohio State University (OSU) (defendant), which was a member of the National Collegiate Athletic Association (NCAA). In 1998, OSU was interested in recruiting a foreign basketball player, Alex Radojevic, who visited the campus and signed a letter of intent committing himself to attend OSU. Although circumstances were not entirely clear, O’Brien apparently gave $6,000 to Radojevic’s family as a loan (the Radojevic loan) and failed to report the payment to OSU or its athletic director, Andy Geiger. Radojevic did not end up playing for OSU. In 1999, following a very successful basketball season, OSU entered a new employment contract with O’Brien that was highly favorable to him and contained a “Terminations for Cause” provision specifying very limited reasons why he could be terminated. One reason was for an unremedied “material breach” of the agreement (material-breach clause), and another was for an unreported violation of NCAA rules that resulted in severe sanctions imposed on OSU (NCAA clause). In 2004, O’Brien disclosed the Radojevic loan to Geiger for the first time while maintaining that the payment did not violate any NCAA rules. The Radojevic loan became publicly reported, and the NCAA initiated an investigation. Later in 2004, OSU terminated O’Brien under the material-breach clause. In May 2005, the NCAA alleged that the Radojevic loan violated recruiting rules against giving financial aid to a prospective recruit or the recruit’s relatives. No decision on the matter had been made when O’Brien sued OSU for breach of contract. O’Brien alleged that he should not have been terminated for cause under the material-breach clause.
Rule of Law
Holding and Reasoning (Clark, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 602,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 602,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.