University of Louisville v. Rothstein, Mark

OPINION OF THE COURT BY

JUSTICE KELLER

Appellant, University of Louisville (U of L), appeals the decision of the Court of Appeals affirming the order of the Franklin Circuit Court, denying U of L’s immunity against suit in this case. We granted discretionary review and, for the reasons stated herein, affirm the Court of Appeals and remand to the Franklin Circuit Court for further proceedings.

I. BACKGROUND.

U of L recruited Appellee, Mark Roth-stein (Rothstein), as a professor of medicine in 2000. He was granted tenure as the Herbert F. Boehl Chair of Law and Medicine and appointed as a…