Jim O'Brien v. Ohio State in $6 million lawsuit

Ohio Attorney General Jim Petro has authorized $40,000 for legal council in the $6 million breach-of-contract lawsuit filed by former Ohio State basketball coach James J. "Jim" O'Brien against the university, according to the Associated Press.

The state money was approved by the Ohio Controlling Board last week, and the case goes to trial Oct. 11 through Oct. 13 for a liability hearing under Judge J. Warren Bettis in the Ohio Court of Claims, according to the case docket.

"(After the liability hearing) if it goes to the second trial, damages are assessed," said Miles Durfey, clerk of the Ohio Court of Claims. "The second trial is on damages, determining how much the state pays if OSU is found liable."

O'Brien's lawsuit claims the university breached contract when he was contacted via telephone by Director of Athletics Andy Geiger the morning of June 8, 2004, and his employment was terminated hours later.

There was no NCAA investigation, according to the case docket, and that might have violated the terms of an employment contract between O'Brien and the university.

"The money ($40,000) comes out of the attorney general's office," said Bob Beasley, spokesman for the attorney general. "The attorney general's office represents the university."

According to reports from the court and the AP, O'Brien violated NCAA rules when he gave $6,000 to Aleksandar Radojevic, a recruit who later was ruled ineligible by the NCAA. He never played for OSU.

Outside attorneys were called into the case. The court report says O'Brien is being represented by Joseph Murray and Brian Murphy of Moul & Basil, L.L.P.

Legal council for the university's defense include Peggy Corn, David Cupps and William Porter.

Numerous calls were made to the legal councils of both parties, the university and the Department of Athletics, but calls were not returned to The Lantern.