Published: August 07, 2008 12:37 am            

Lawsuit costs WVU $332,859.26

MORGANTOWN — Legal expenses for West Virginia Universe’s $4 million lawsuit against former head football coach Rich Rodriguez amounted to $442.436.26, spokeswoman Becky Lofstead said Wednesday.

But the institution must play only $332,859.26, thanks to the Fitzsimmons Law Offices’ decision to donate its share of $109,577. The other, largest amount was incurred by the lead firm of Flaherty, Sensabaugh & Bonasso.

“It is a fee that the WVU Board of Governors and university officials feel is reasonable, given the volume of work and the positive outcome,” Lofstead said. “We thank Tom Flaherty and his team for their expert services.

“WVU also wants to thank the Fitzsimmons firm for their expert advice and legal services and very generous support.”

Flaherty noted that his firm, a regular WVU contributor, discounted its hourly rates in the case. The fee equals about 8 percent of the $4 million settlement. Flaherty contrasted that with those charged in other cases handled by private lawyers for state agencies, which can reach a third or more of the resulting judgment.

A second firm, Fitzsimmons Law Offices, spent more than 468 hours.

Lawyer Bob Fitzsimmons said he decided to donate the fee after seeing West Virginians rally behind the school in its fight against the former coach.

“We just thought that that just had such a positive effect,” Fitzsimmons said. “We thought it was important to show our support for the university.”

The lawsuit, filed in Monongalia Circuit Court last Dec. 27, was settled out of court by the two WVU legal teams with lawyers representing Rodriguez, now the head coach at the University of Michigan.

Morgantown native Franklin Fragale, who practices law in Charleston, reportedly had a voice in mediating the matter.

Carolyn Long, chairwoman of the WVU Board of Governors, commented Wednesday afternoon that she thought the bill for legal services was “more than reasonable, especially considering the fact that they did a superb job.

“Anyone that read any of the depositions knows how absolutely just point on (the WVU lawyers) were no-nonsense getting into the facts. And we were just appreciative of what they did.

“We certainly appreciate the Flaharty firm and also the ability of the Fitzsimmons firm giving us back its amount. But, on the other hand, I don’t want to take anything away from Flaharty law firm either because they did such a superb job.

“The bill is more than fair.”

Rodriguez resigned hastily and angrily in early December to take over the football reins at Michigan. He took most of his coaching staff with him. His new school paid $2.5 million of his buyout last week. He is to pay the remaining $1.5 million in yearly installments begin in 2010.

It is believed that U-M officials urged Rodriguez to put the matter behind him by agreeing to the settlement. That school’s president and athletic director were about to be deposed for trial, along with the coach’s wife, Rita.

Rodriguez capped his seven-year stint at WVU, his alma mater, by leading the Mountaineers to three 11-win seasons, two bowl victories, and three Top 10 finishes.

But he was gone when Bill Stewart, then interim head coach, guided the 2007 team to a 48-28 upset of No. 3-ranked Oklahoma in the Fiesta Bowl on Jan. 3, 2008, in Arizona.

That is regarded by many as the greatest win in WVU history. And it helped fans forget the Dec. 1 upset loss to Pitt in what many consider the worst defeat ever, considering a shot at the national championship was riding on that regular-season finale’s outcome, and the Mountaineers were 28-point favorites.

The Associated Press contributed to this story.

        

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