Legal Opinion · Dissent
O'Brien v. Ohio State University, 06ap-946 (9-20-2007)
Ohio Court of Appeals
Decided September 20, 2007No. 06AP-946Published
1Dissent
{¶ 96} I respectfully dissent, and I would reverse the judgment of the trial court.
{¶ 97} First, unlike the majority, I do not interpret Section 5.1(b) of the Employment Agreement (the "contract") as the exclusive means by which OSU could terminate O'Brien for a breach relating to NCAA violations. Rather, as discussed below, I agree with the conclusion the trial court reached in its June 22, 2005 decision denying O'Brien's request for summary judgment, i.e., that the plain language of paragraph 5.1(a) permitted OSU to terminate O'Brien for cause where a material breach occurred, even if the…
2Cases cited12 opinions
- Alexander v. Buckeye Pipe Line Co.Ohio Supreme Court · 1978
- National Collegiate Athletic Ass'n v. Board of Regents of the University of OklahomaSupreme Court of the United States · 1984
- Nationwide Mut. Fire Ins. Co. v. Guman Bros. FarmOhio Supreme Court · 1995
- Uebelacker v. Cincom Systems, Inc.Ohio Court of Appeals · 1988
- Software Clearing House, Inc. v. Intrak, Inc.Ohio Court of Appeals · 1990
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